Pushing the boundaries of International Criminal Law: A case study of the repatriation of Rohingya Muslims from Bangladesh to Myanmar
(2019) JAMM07 20191Department of Law
Faculty of Law
- Abstract
- The scale of atrocities perpetrated against refugees and migrants around the globe demands our urgent attention. Yet, triggering of individual criminal responsibility in situations of mistreatment of refugees and migrants is certainly not the norm. The purpose of this thesis is to challenge the existing notions that only crimes related to armed conflict and other related situations of violence fall under the ‘the most serious crimes of concern to the international community.’ Although the crimes perpetrated against refugees and migrants are condemned and perceived as atrocious in the context of international human rights law (IHRL), when put into the context of international criminal law (ICL) they become invisible. Since August 2017, more... (More)
- The scale of atrocities perpetrated against refugees and migrants around the globe demands our urgent attention. Yet, triggering of individual criminal responsibility in situations of mistreatment of refugees and migrants is certainly not the norm. The purpose of this thesis is to challenge the existing notions that only crimes related to armed conflict and other related situations of violence fall under the ‘the most serious crimes of concern to the international community.’ Although the crimes perpetrated against refugees and migrants are condemned and perceived as atrocious in the context of international human rights law (IHRL), when put into the context of international criminal law (ICL) they become invisible. Since August 2017, more than 700,000 Rohingya Muslims have fled the violence in Western Myanmar across the international border to Bangladesh. In November 2018, the two countries signed the agreement on the repatriation of Rohingya Muslims to Myanmar. This agreement is highly problematic from an international law stand point. The chances of voluntary repatriation are slim due to a very clear opposition from the Rohingya Muslims, as the conditions for a safe return do not exist. The repatriation would not only violate the fundamental international principle of non-refoulement, it would also create conditions that may amount to international crimes, more precisely crimes against humanity of deportation. This thesis investigates under what circumstances would repatriation of Rohingya Muslims from Bangladesh to Myanmar amount to deportation as a crime against humanity under the ICC Statute? (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8995544
- author
- Drekovic, Jasmina LU
- supervisor
- organization
- course
- JAMM07 20191
- year
- 2019
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 8995544
- date added to LUP
- 2019-09-26 16:25:26
- date last changed
- 2019-09-26 16:25:26
@misc{8995544,
abstract = {{The scale of atrocities perpetrated against refugees and migrants around the globe demands our urgent attention. Yet, triggering of individual criminal responsibility in situations of mistreatment of refugees and migrants is certainly not the norm. The purpose of this thesis is to challenge the existing notions that only crimes related to armed conflict and other related situations of violence fall under the ‘the most serious crimes of concern to the international community.’ Although the crimes perpetrated against refugees and migrants are condemned and perceived as atrocious in the context of international human rights law (IHRL), when put into the context of international criminal law (ICL) they become invisible. Since August 2017, more than 700,000 Rohingya Muslims have fled the violence in Western Myanmar across the international border to Bangladesh. In November 2018, the two countries signed the agreement on the repatriation of Rohingya Muslims to Myanmar. This agreement is highly problematic from an international law stand point. The chances of voluntary repatriation are slim due to a very clear opposition from the Rohingya Muslims, as the conditions for a safe return do not exist. The repatriation would not only violate the fundamental international principle of non-refoulement, it would also create conditions that may amount to international crimes, more precisely crimes against humanity of deportation. This thesis investigates under what circumstances would repatriation of Rohingya Muslims from Bangladesh to Myanmar amount to deportation as a crime against humanity under the ICC Statute?}},
author = {{Drekovic, Jasmina}},
language = {{eng}},
note = {{Student Paper}},
title = {{Pushing the boundaries of International Criminal Law: A case study of the repatriation of Rohingya Muslims from Bangladesh to Myanmar}},
year = {{2019}},
}