What is Genocide / International Criminal Justice?
Historical Background
Key Points
8 points- 1.
The Genocide Convention identifies five specific acts constituting genocide, all requiring 'intent to destroy' a protected group.
- 2.
These acts include: killing members of the group; causing serious bodily or mental harm; deliberately inflicting conditions of life calculated to bring about physical destruction; imposing measures intended to prevent births; and forcibly transferring children of the group to another group.
- 3.
The International Criminal Court (ICC), established by the Rome Statute, has jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression.
- 4.
The International Court of Justice (ICJ) hears disputes between states, including those concerning the interpretation and application of the Genocide Convention (e.g., Gambia v. Myanmar).
- 5.
The principle of universal jurisdiction allows national courts to prosecute individuals for genocide regardless of where the crime was committed or the nationality of the perpetrator.
- 6.
There is no statute of limitations for the crime of genocide, meaning perpetrators can be prosecuted at any time.
- 7.
The Rohingya crisis involves widespread allegations of genocide against the Myanmar military, leading to international legal proceedings.
- 8.
States parties to the Genocide Convention have an obligation to prevent and punish genocide.
Visual Insights
International Court of Justice (ICJ) vs. International Criminal Court (ICC)
This table compares the two principal international judicial bodies relevant to the Myanmar crisis, highlighting their distinct jurisdictions, functions, and relevance to cases like the Rohingya genocide.
| Feature | International Court of Justice (ICJ) | International Criminal Court (ICC) |
|---|---|---|
| Primary Function | Settles legal disputes between states; gives advisory opinions. | Investigates and prosecutes individuals for international crimes. |
| Parties Involved | States (countries) only. | Individuals (perpetrators of crimes). |
| Jurisdiction | Contentious cases between states (e.g., Genocide Convention interpretation); Advisory opinions. | Genocide, Crimes Against Humanity, War Crimes, Crime of Aggression. |
| Basis of Jurisdiction | UN Charter, ICJ Statute, treaties/conventions (e.g., Genocide Convention). | Rome Statute (1998/2002). |
| Location | The Hague, Netherlands (Peace Palace). | The Hague, Netherlands. |
| Myanmar Relevance | Gambia v. Myanmar case (alleged violation of Genocide Convention by Myanmar state). | Investigation into alleged crimes against humanity (e.g., forced deportation of Rohingya) by individuals. |
| Enforcement | Decisions are binding on states; UN Security Council can enforce. | Arrest warrants, trials, sentences for individuals; no state can shield its citizens. |
ICJ Proceedings: Gambia v. Myanmar (Genocide Convention Case)
This flowchart outlines the simplified procedural steps involved in the International Court of Justice (ICJ) case filed by Gambia against Myanmar, illustrating how international legal mechanisms address alleged genocide.
- 1.Application Instituted by Gambia (Nov 2019)
- 2.Request for Provisional Measures (Nov 2019)
- 3.ICJ Order on Provisional Measures (Jan 2020): Myanmar must prevent genocidal acts.
- 4.Myanmar's Preliminary Objections (Jan 2021): Challenging ICJ's jurisdiction/admissibility.
- 5.ICJ Judgment on Preliminary Objections (July 2022): Rejects Myanmar's objections, case proceeds to merits.
- 6.Memorials and Counter-Memorials (Ongoing 2023-2025): Written pleadings by both parties on the merits of the case.
- 7.Oral Hearings on Merits (Expected 2025/2026): Public hearings where parties present arguments.
- 8.ICJ Judgment on Merits (Expected 2026+): Final ruling on whether Myanmar violated the Genocide Convention.
Recent Developments
4 developmentsThe International Court of Justice (ICJ) is hearing a case filed by Gambia against Myanmar concerning alleged violations of the Genocide Convention against the Rohingya.
The International Criminal Court (ICC) has authorized an investigation into alleged crimes against humanity against the Rohingya, particularly concerning their forced deportation to Bangladesh.
Various UN fact-finding missions and reports have documented atrocities against the Rohingya, contributing to the evidence base.
The 2021 coup has exacerbated the human rights situation in Myanmar, leading to further calls for international accountability for crimes committed by the military.