12) Myanmar, the Rohingya and International Law

Question 1

What is the Rohingya crisis, and how does it relate to international law?
(Hint: Think about persecution and legal frameworks.)

Answer 1

Answer:

The Rohingya crisis involves systemic persecution of the Muslim minority in Myanmar, including killings, rapes, and forced displacement.
It raises questions of state responsibility, genocide prevention, and accountability under international legal instruments like the Genocide Convention and the Rome Statute.

Connection: The crisis exposes the gaps in the international legal system’s ability to prevent and respond to mass atrocities.

Question 2

What obligations does the Genocide Convention impose on states?
(Hint: Prevention and punishment.)

Answer 2

Answer:

Under Article I, states must prevent and punish genocide.
Article IX allows disputes about these obligations to be referred to the ICJ.

Connection: These provisions form the legal basis for holding Myanmar accountable for atrocities against the Rohingya.

Question 3

How has the ICJ addressed Myanmar’s obligations under the Genocide Convention?
(Hint: Think about Gambia’s case.)

Answer 3

Answer:

In Gambia v. Myanmar, the ICJ upheld jurisdiction under Article IX of the Genocide Convention.
It issued provisional measures requiring Myanmar to prevent genocidal acts and preserve evidence.

Connection: The ICJ’s ruling demonstrates the Genocide Convention’s role in enforcing state responsibility for atrocities.

Question 4

How does the ICC have jurisdiction over crimes against the Rohingya?
(Hint: Think about cross-border deportation.)

Answer 4

Answer:

Myanmar is not a party to the Rome Statute, but the ICC can investigate crimes like forced deportation into Bangladesh, which is a state party.
Article 7 of the Rome Statute defines crimes against humanity, including deportation and persecution, applicable to the Rohingya case.

Connection: The ICC’s jurisdiction reflects creative legal strategies to address crimes in non-member states.

Question 5

What challenges does the ICC face in addressing the Rohingya crisis?
(Hint: Think about jurisdiction and enforcement.)

Answer 5

Answer:

Myanmar’s non-membership limits direct ICC jurisdiction.
The investigation relies on Bangladesh’s involvement, and the ICC lacks enforcement mechanisms to compel cooperation from Myanmar.

Connection: These challenges underscore the ICC’s limitations in addressing international crimes without broader state cooperation.

Question 6

What is the Responsibility to Protect (R2P), and how does it apply to Myanmar?
(Hint: Think about its pillars.)

Answer 6

Answer:

R2P is a global commitment to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity.
It emphasizes the responsibility of states to protect their populations, with international intervention as a last resort.

Connection: Despite R2P’s framework, geopolitical dynamics have limited its enforcement in Myanmar’s case.

Question 7

Why has R2P been ineffective in addressing the Rohingya crisis?
(Hint: Think about geopolitical challenges.)

Answer 7

Answer:

The UN Security Council has been paralyzed by vetoes from China and Russia, preventing decisive international action.
Regional actors like ASEAN have cited non-interference principles to avoid confronting Myanmar.

Connection: R2P’s lack of enforceability highlights the need for stronger international mechanisms to protect vulnerable populations.

Question 8

How does state responsibility apply to Myanmar’s actions against the Rohingya?
(Hint: Think about attribution and breaches.)

Answer 8

Answer:

Under the ILC Draft Articles on State Responsibility, Myanmar is accountable for acts of its state organs and entities under its control, including violations of genocide obligations.

Connection: State responsibility ensures accountability for systemic violations of international law.

Question 9

What are the regional impacts of the Rohingya crisis?
(Hint: Think about Bangladesh and ASEAN.)

Answer 9

Answer:

Over a million Rohingya refugees are hosted in Bangladesh, creating a protracted humanitarian crisis.
ASEAN’s muted response reflects regional reluctance to confront member states over human rights issues.

Connection: The crisis illustrates the intersection of international law with regional and humanitarian challenges.

Question 10

What lessons can be drawn from the Rohingya crisis for international law?
(Hint: Think about prevention and accountability.)

Answer 10

Answer:

Strengthening the enforceability of R2P and the Genocide Convention is critical for preventing future atrocities.
Effective accountability mechanisms, such as the ICC or ad hoc tribunals, are essential to addressing impunity.

Connection: The Rohingya crisis underscores the need for robust international legal frameworks to address mass atrocities effectively.