Abstract
This article argues that Myanmar's authorities subject the Rohingya to human rights violations that can be accurately described as the crime of apartheid. Myanmar's discriminatory application of its citizenship laws and processes is central to this crime, yet while Myanmar is not a signatory to the Rome Statute of the International Criminal Court, the court's jurisdiction remains limited. However, Myanmar's government has brought this crime to the territory of International Criminal Court (ICC) member state Bangladesh. Because Myanmar's government insists upon Rohingya participation in discriminatory citizenship processes as a precondition of refugee repatriation to Myanmar, this presents the ICC with an opportunity to assert its jurisdiction. While current ICC investigation focusses mostly on alleged crimes committed by the Myanmar military, crimes associated with Myanmar's citizenship processes would likely be the responsibility of Myanmar's civilian government, including State Counsellor Aung San Suu Kyi, making Myanmar's civilian political leaders liable for the first time to ICC prosecution.
Highlights
The crimes considered in this article are among the most serious violations of international law – crimes against humanity – and many are currently the subject of extensive International Criminal Court (ICC) investigation
Amnesty International (AI) (2017) described the Rohingya’s long-term situation within Myanmar as apartheid, while researchers at the International State Crime Initiative (ISCI) explain how official mistreatment of the Rohingya amounts to genocide (Green, MacManus and de la Cour Venning 2015, 2018)
Permanent UN Security Council (UNSC) members China and Russia continued to be steadfast protectors of Myanmar’s authorities despite mounting evidence of genocide, crimes against humanity, and war crimes being committed by the Tatmadaw with the approval of key civilian government leaders (Al Jazeera 2018; Reuters 2017; Safi 2017)
Summary
The crimes considered in this article are among the most serious violations of international law – crimes against humanity – and many are currently the subject of extensive ICC investigation. Permanent UNSC members China and Russia continued to be steadfast protectors of Myanmar’s authorities despite mounting evidence of genocide, crimes against humanity, and war crimes being committed by the Tatmadaw with the approval of key civilian government leaders (Al Jazeera 2018; Reuters 2017; Safi 2017) The support of these two permanent UNSC members for Myanmar’s authorities was enough to prevent others on the council, such as the UK and US, from bringing to a council vote calls for UNSC action to prevent further atrocities in Myanmar, to hold perpetrators to account, or for a referral to the ICC (Human Rights Watch 2018; Nichols 2018). Unlike the ICC’s current investigation, which focusses mostly on alleged crimes committed by the military, crimes associated with Myanmar’s citizenship processes would more likely be the responsibility of Myanmar’s civilian authorities, making them liable for ICC prosecution
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