Myanmar’s Crime Against Humanity: ICC likely to allow investigation
The International Criminal Court has sought to know Bangladesh’s opinion on whether it can exercise jurisdiction over the deportation of Rohingyas from Myanmar to Bangladesh. Considering the significance of the move, The Daily Star interviewed some international law experts to know their views on it. Today we are running the interview of Sir Geoffrey Nice, a former ICC prosecutor.
“The application by the Prosecutor [Fatou Bensouda] would look to me likely, or even very likely, to succeed, not least because the statute [Rome Statute] and all the law assembled in her Application make the necessary interpretation possible and because all moral right must be on the side of allowing the Prosecutor to go ahead and investigate,” he said.
Even if the application to the president of the pre-trial division at the ICC did not succeed immediately, or was refused by her, there is the possibility of an appeal to set the law clearly, he said.
“I remain very hopeful that the jurisdiction will finally be allowed,” said the British jurist during an email interview with The Daily Star.
Sir Nice is former deputy prosecutor of the ICC for former Yugoslavia and the principal prosecution trial attorney in the case against Slobodan Milosevic, the world’s first president to be indicted for war crimes by an international criminal court. Around 10 years ago he contributed to the report “Crimes in Burma” which was prepared in 2009 by Harvard Law School. Their examination of UN documents showed a range of human rights and humanitarian law violations in Myanmar since 1992.
On April 9, ICC prosecutor, Fatou Bensouda, asked the Hague-based court to rule whether it had the jurisdiction over deportation of the Myanmar nationals, a possible crime against humanity. On May 7, ICC wrote a letter to Bangladesh seeking its observations on the matter.