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Author: Hitomi Takemura Publisher: Springer Nature ISBN: 981992734X Category : Law Languages : en Pages : 161
Book Description
The purpose of this book is to critically examine the activities of the International Criminal Court (ICC) on the eve of its 20th year of existence, with a focus on its relationship to the Rohingya crisis. This book is unique in that it identifies the potential and contemporary challenges of the ICC while focusing on the relationship between the Rohingya issue and the ICC. The relationship between the Rohingya crisis and the ICC is an issue that is fraught with contemporary challenges and worth dealing with. The relationship between the ICC and non-State Parties and the relationship between the ICC and high government officials are the examples of these challenges. Its novelty is to address the relationship between the Rohingya crisis and the ICC by staying current of information. The human rights situation of the Rohingya is of high international concern. With a case pending at the International Court of Justice (ICJ), not only individual criminal responsibility but also State responsibility may be sought for the most serious human rights violations. The Rohingya crisis itself is of great international concern, and it is expected that the issues will be discussed from the perspective of international human rights law, international humanitarian law, and international criminal law. Therefore, the structure of this book is as follows. First, it explains the history of the Rohingya crisis. Secondly, it touches on the relationship between the Rohingya crisis and the ICC. Thirdly, the book discusses the relationship between the ongoing case of Gambia v. Myanmar at the ICJ and the proceedings of the ICC. Finally, the book concludes with an assessment of the legitimacy, effectiveness, and efficiency of the ICC in recent years.
Author: Hitomi Takemura Publisher: Springer Nature ISBN: 981992734X Category : Law Languages : en Pages : 161
Book Description
The purpose of this book is to critically examine the activities of the International Criminal Court (ICC) on the eve of its 20th year of existence, with a focus on its relationship to the Rohingya crisis. This book is unique in that it identifies the potential and contemporary challenges of the ICC while focusing on the relationship between the Rohingya issue and the ICC. The relationship between the Rohingya crisis and the ICC is an issue that is fraught with contemporary challenges and worth dealing with. The relationship between the ICC and non-State Parties and the relationship between the ICC and high government officials are the examples of these challenges. Its novelty is to address the relationship between the Rohingya crisis and the ICC by staying current of information. The human rights situation of the Rohingya is of high international concern. With a case pending at the International Court of Justice (ICJ), not only individual criminal responsibility but also State responsibility may be sought for the most serious human rights violations. The Rohingya crisis itself is of great international concern, and it is expected that the issues will be discussed from the perspective of international human rights law, international humanitarian law, and international criminal law. Therefore, the structure of this book is as follows. First, it explains the history of the Rohingya crisis. Secondly, it touches on the relationship between the Rohingya crisis and the ICC. Thirdly, the book discusses the relationship between the ongoing case of Gambia v. Myanmar at the ICJ and the proceedings of the ICC. Finally, the book concludes with an assessment of the legitimacy, effectiveness, and efficiency of the ICC in recent years.
Author: Manzoor Hasan Publisher: Taylor & Francis ISBN: 1000822192 Category : Law Languages : en Pages : 178
Book Description
This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar’s myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.
Author: Kriangsak Kittichaisaree Publisher: Routledge ISBN: 1000471381 Category : Law Languages : en Pages : 230
Book Description
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
Author: Norman K. Swazo Publisher: Taylor & Francis ISBN: 1000208125 Category : Political Science Languages : en Pages : 72
Book Description
This book provides a history of the ethnic persecution of the Rohingyas in Myanmar and their disputed ethnic and national identity. It focuses on how the crisis has morphed into a geopolitical encounter among Bangladesh, China, India, and Myanmar. It further explores the moral, ethnographic, and public policy issues in the humanitarian response to the crisis of the Rohingya people. The volume analyzes the question of citizenship for the Rohingyas by analyzing historical documents and interviews which chronicle the status and identity of the community and their past involvement in the government and politics of Myanmar. The authors focus specifically on the changing geopolitical context of state formation in South Asia and the tense relationships between Myanmar and its neighbours – Bangladesh, China, and India. The book examines the alliances and disputes in the South and Southeast Asia region, which are predicated on economic and strategic gains, and their impact on the Rohingya crisis. It also looks at the failure of bilateral and multilateral negotiations among these countries to adequately address or alleviate the plight of the stateless Rohingyas. This volume will be of great interest to scholars and researchers of international studies, peace, human rights and conflict studies, sociology, ethnic studies, border studies, migration and diaspora studies, discrimination and exclusion studies, public policy, and Asian Studies. It will also be useful for professionals working in the media, nongovernmental organizations (NGOs), think tanks, and policy makers, as well as general readers interested in the history of the persecution of the Rohingya people.
Author: William Schabas Publisher: Cambridge University Press ISBN: 0521881250 Category : Law Languages : en Pages : 15
Book Description
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Author: Azeem Ibrahim Publisher: Oxford University Press ISBN: 1849047928 Category : History Languages : en Pages : 207
Book Description
The Rohingya are a Muslim group who live in Rakhine state (formerly Arakan state) in western Myanmar (Burma), a majority Buddhist country. According to the United Nations, they are one of the most persecuted minorities in the world. They suffer routine discrimination at the hands of neighboring Buddhist Rakhine groups, but international human rights groups such as Human Rights Watch (HRW) have also accused Myanmar's authorities of being complicit in a campaign of ethnic cleansing against the Rohingya Muslims. The Rohingya face regular violence, arbitrary arrest and detention, extortion, and other abuses, a situation that has been particularly acute since 2012 in the wake of a serious wave of sectarian violence. Islam is practiced by around 4% of the population of Myanmar, and most Muslims also identify as Rohingya. Yet the authorities refuse to recognize this group as one of the 135 ethnic groups or "national races" making up Myanmar's population. On this basis, Rohingya individuals are denied citizenship rights in the country of their birth, and face severe limitations on many aspects of an ordinary life, such as marriage or movement around the country. This expose of the attempt to erase the Rohingyas from the face of Myanmar is sure to gain widespread attention.
Author: Thomas Jupe Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The ethnic Rohingya civilian population of Myanmar have been murdered, raped and tortured by the state's official military. This human rights crisis is being addressed by the law through two differing avenues of responsibility: action concerning individual criminal responsibility has arisen in the International Criminal Court (ICC) and action concerning state responsibility in the International Court of Justice (ICJ). If the ICJ action against Myanmar is successful, this would mark the first time a state has been found to breach its obligation to not commit genocide--as opposed to failing to prevent and punish genocide. -- This thesis questions whether state responsibility for committing genocide should be attributed to Myanmar. To answer this question, it engages with the theory of state crime from critical criminology. This was carried out through an interdisciplinary approach, which does not aim to alter the law, or solve its problems, but to understand the development of the law in a different light. From this perspective, the use of individual criminal responsibility is applauded for its ability to address the role of the military's high-ranking officials. This addresses the authorisation of the attacks and routinisation of violent conduct in the military, by placing the onus on the high-ranking officials to ensure that criminal acts of this nature are not carried out within their ranks. However, dealing with the situation solely through individual criminal responsibility is not the most appropriate way forward. -- In this situation, the concept of deviance can be applied to the state's longstanding organisational goal of removing the Rohingya from its territory. Similarly, the discriminatory rhetoric embedded in Myanmar's culture has left the Rohingya dehumanised, enabling the direct perpetrators to carry out the attacks with no moral objection. A successful action in the ICC would fail to recognise the state as a deviant actor, or to impact the underlying organisational goals and discriminatory rhetoric. -- Alternatively, acknowledging the state's involvement through a judgment of state responsibility in the ICJ would allow the institutional dimension of the crimes to finally be recognised. The symbolic value of the decision would provide the foundation for deep reflection, re-consideration of the state's deviant goals, and an impact on the narrative concerning the dehumanised victim population. Attributing state responsibility to Myanmar for committing genocide is not only appropriate, but a necessary step forward in the longstanding fight against international crimes with state involvement. -- To best address state crimes, these two avenues of responsibility must operate in tandem, with individual criminal responsibility addressing the tangible aspects of the crimes, and state responsibility addressing the symbolic, narrative-driven aspects of the crimes.
Author: Nobuo Hayashi Publisher: Cambridge University Press ISBN: 1316943151 Category : Law Languages : en Pages : 843
Book Description
With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
Author: James C. Simeon Publisher: Routledge ISBN: 1000539369 Category : Law Languages : en Pages : 481
Book Description
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Author: Hitomi Takemura
Author: Hitomi Takemura
Author: Manzoor Hasan
Author: Kriangsak Kittichaisaree
Author: Norman K. Swazo
Author: William Schabas
Author: Azeem Ibrahim
Author: Thomas Jupe
Author: Nobuo Hayashi
Author: James C. Simeon
Author: Matthew R. Cresser