Abstract
The article summarizes the arguments and counterarguments within the scientific debate on the application of the principles and practices of international law to assess the compensation of a State’s damage as a result of the illegal acts and/or inaction of another State. The main purpose of the study is to analyze the causes of the crisis against the Rohingya ethnic group and to assess its likely devastating effects on Bangladesh. The systematization of literary sources and approaches to the settlement of international disputes of this kind indicate that in practice there are two approaches that can be used to file and pursue a claim for redress for Myanmar. The urgency of solving this scientific problem is that, as a neighboring country, Bangladesh has faced the need to resolve the issue of refugees from the region and accordingly takes an active part in resolving this protracted conflict caused by Myanmar’s actions against the Rohingya ethnic group, the persecuted ethnic minority in the world. According to the Office of the United Nations High Commissioner for Refugees, the unlawful and brutal actions of the Myanmar army have forced more than a million Rohingya refugees to flee their homes and migrate to Bangladesh, causing enormous negative effects on its economy, the environment and the rule of law. The study confirms that, under international law, Bangladesh has the right to sue Myanmar for unfair and cruel oppression of Rohingya rights. During the course of the study, the author has used such sources as periodicals, UN reports, and documents from Rohingya human rights organizations. The principles of international law on state liability are used as a methodological tool for assessing Myanmar’s liability. The results of the study may be useful for policymakers exploring the strategy of addressing the challenges of Myanmar’s compensation claims, as well as for international organizations that are addressing the Rohingya crisis. Keywords: cruelty, international wrongdoing, imperative norm, compensation, state responsibility, Myanmar, Bangladesh, Rohingya national migration, refugee rights, ethnic minorities, damages lawsuit.
Highlights
The Rohingya refugee crisis is one of the complex issues the present world is currently facing
What Bangladesh can do is to assess the damage in monetary value with the assistance of Office of the United Nations High Commissioner for Human Rights (UNHCHR), International Committee of the Red Cross (ICRC) and other international organizations working on the issue and raise the claim against Myanmar in different bilateral meetings with Myanmar.There is scope for Bangladesh to create international pressure on Myanmar by raising the issue in different international forums and involving the influential countries so that Myanmar becomes compelled to solemnize a bilateral agreement to refer the issue to International Court of Justice
Rohingya refugee crisis is the world’s long standing and one of the most complex issues to be addressed immediately. It is evident from the historical analysis that politico-religious apartheid as had been practicing since 18th century by the Burmese authority dominated by the Military and the Buddhist extremists is mainly responsible for such an ever ending problem
Summary
The Rohingya refugee crisis is one of the complex issues the present world is currently facing. The UN Fact Finding Committee reported that it found the elements of genocide committed on Rohingya community since 2017 in Myanmar. Such kinds of large-scale human rights abuses and heinous crimes are the flagrant violation of international law posing prejudice to the interest of the neighbouring countries. Myanmar bears the state responsibility for causing harm to Bangladesh through its acts or omission. This is the cardinal principle of international law that every violation of law generates an automatic obligation on the wrongdoing state to remedy the breach
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
