“Genocide in Myanmar: An Analysis in the light of Rome Statute of International Criminal Court, 1998”

Abstract

This analysis examines the events in Myanmar through the lens of the Rome Statute of the International Criminal Court (ICC) established in 1998. The focus is on the allegations of genocide and related crimes against humanity perpetrated against the Rohingya population, a Muslim minority in Myanmar. The paper explores the key provisions of the Rome Statute and assesses their applicability to the situation in Myanmar. The analysis begins by providing a historical context, outlining the Rohingya crisis and the reported atrocities committed by the Myanmar military and security forces. It then delves into the legal framework established by the Rome Statute, examining relevant definitions, elements, and jurisdictional issues. Special attention is given to the definition of genocide and the various acts that constitute crimes against humanity. The paper also evaluates the challenges associated with prosecuting individuals responsible for the alleged crimes, considering issues such as state sovereignty, the role of the United Nations Security Council, and the absence of Myanmar as a party to the Rome Statute. Furthermore, the analysis explores the responses of the international community, including calls for accountability, sanctions, and efforts to bring the situation before international tribunals. It considers the role of the ICC as a potential avenue for justice and accountability, emphasizing the significance of international cooperation in addressing crimes of this nature. Finally, the paper reflects on the limitations and possibilities of using the Rome Statute to address the situation in Myanmar. It underscores the importance of a coordinated international response to ensure justice, accountability, and the prevention of future atrocities. The analysis contributes to the ongoing discourse on the intersection of international law and humanitarian crises, offering insights into the challenges of applying legal frameworks in complex geopolitical contexts.