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.
