The Jurisdiction of the International Criminal Court: Examining the Legal Landscape Post Bangladesh/Myanmar Decision
Can the International Criminal Court (ICC) prosecute nationals of states non-State parties to the Rome Statute in the absence of the United Nations Security Council referral? In Bangladesh/Myanmar, the Pre-Trail Chamber I of the ICC held that it has jurisdiction over the nationals of Myanmar, a stat...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2024-12-01
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| Series: | Public and Private International Law Bulletin |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/67E0C464AAB944CC8E4AE5EAEE6B6387 |
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| Summary: | Can the International Criminal Court (ICC) prosecute nationals of states non-State parties to the Rome Statute in the absence of the United Nations Security Council referral? In Bangladesh/Myanmar, the Pre-Trail Chamber I of the ICC held that it has jurisdiction over the nationals of Myanmar, a state not party to the Rome Statute, for the crime of deportation. The Rohingya people, an ethnic and religious minority, have been subjected to serious forms of violence and persecution for decades and were finally forcibly displaced en masse to Bangladesh in August 2017. The fact that part of the crime was completed in Bangladesh, a state party, played a critical role in the Chamber’s decision on jurisdiction. This novel interpretation created an immense debate among international law circles. It has been hailed by some as a step closer to achieving the objectives of universal jurisdiction and putting an end to impunity. On the other hand, some have raised concerns as the ruling seemingly goes against fundamental principles of international law such as the sovereignty of states and pacta tertiis (a treaty only binds parties). Extending beyond what the Rome Statute originally and explicitly set out, the ruling will have serious implications. This article analyses the legal consequences of the judgement by focusing on jurisdiction ratione loci, materie, ratione personae, and temporis. Presenting the circumstances where the jurisdiction of the Court may further expand, it then addresses some risks and opportunities that such an expansion would pose for the development of the international criminal justice system. |
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| ISSN: | 2667-4114 |