Rohingya Crisis: Justice, Accountability, and International Law Perspectives
Article examines justice, accountability, and international law regarding the Rohingya crisis.
Photo by Lesly Derksen
Editorial Analysis
The article addresses the Rohingya crisis, focusing on the pursuit of justice and accountability for the atrocities committed against the Rohingya people. It discusses the role of international law and international institutions in addressing the crisis, including the potential for prosecution of those responsible for human rights violations.
The piece also explores the challenges and complexities of achieving justice in such cases, considering the geopolitical context and the limitations of international legal mechanisms. It emphasizes the need for a comprehensive approach that includes not only legal accountability but also measures to address the root causes of the crisis and ensure the protection and rights of the Rohingya community.
UPSC Exam Angles
GS Paper II: International Relations, Human Rights
GS Paper II: Polity and Governance (Citizenship, Constitutional provisions)
Potential for questions on international law and institutions
Linkage to India's refugee policy and neighborhood relations
Visual Insights
Rohingya Crisis: Key Locations
Map showing the origin and displacement of Rohingya refugees, highlighting Myanmar (Rakhine State) and Bangladesh (Cox's Bazar).
Loading interactive map...
More Information
Background
The Rohingya crisis has deep historical roots, stemming from the complex interplay of identity, citizenship, and land rights in Myanmar. While the Rohingya trace their presence in Rakhine State (formerly Arakan) back centuries, the Burmese government has historically denied them full citizenship, viewing them as illegal immigrants from Bangladesh. This denial is rooted in the 1982 Citizenship Law, which categorized citizens based on ethnicity and required proof of ancestry dating back to before independence in 1948, a requirement difficult for many Rohingya to meet.
Prior to this, the Rohingya faced increasing discrimination and marginalization under British colonial rule and subsequent Burmese governments, leading to periodic outbreaks of violence and displacement. The term 'Rohingya' itself became a contested identity, with the government preferring the term 'Bengali' to delegitimize their claim to Myanmar citizenship. This historical context is crucial to understanding the current crisis, as it highlights the long-standing denial of rights and the systematic discrimination that has fueled the persecution of the Rohingya people.
Latest Developments
Recent developments concerning the Rohingya crisis include ongoing efforts at the International Court of Justice (ICJ) and the International Criminal Court (ICC) to investigate and prosecute alleged crimes against humanity and genocide. While the ICJ case focuses on Myanmar's obligations under the Genocide Convention, the ICC is investigating individual criminal responsibility. In 2023, several countries have increased their financial and humanitarian aid to Rohingya refugees in Bangladesh, acknowledging the protracted nature of the crisis.
However, repatriation efforts have stalled due to concerns about safety and security in Myanmar. The political instability following the 2021 military coup in Myanmar has further complicated the situation, making any near-term resolution unlikely. The international community continues to grapple with how to effectively hold Myanmar accountable and ensure the safe and dignified return of the Rohingya refugees, while also addressing the root causes of the conflict within Myanmar.
Practice Questions (MCQs)
1. Consider the following statements regarding the 1982 Myanmar Citizenship Law: 1. It defines citizenship primarily based on jus soli (right of soil) principle. 2. It requires individuals to provide proof of ancestry dating back to before Myanmar's independence in 1948 to qualify for full citizenship. 3. The law has been widely criticized for its discriminatory impact on the Rohingya community. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statements 2 and 3 are correct. The 1982 Citizenship Law is based on jus sanguinis (right of blood) and requires proof of ancestry before 1948. It has been criticized for discriminating against the Rohingya. Statement 1 is incorrect as the law is not based on jus soli.
2. Which of the following international legal mechanisms is currently involved in addressing the Rohingya crisis? 1. International Court of Justice (ICJ) 2. International Criminal Court (ICC) 3. United Nations Human Rights Council (UNHRC) Select the correct answer using the code given below:
- A.1 only
- B.2 only
- C.1 and 2 only
- D.1, 2 and 3
Show Answer
Answer: D
All three mechanisms are involved. The ICJ is hearing a case on Myanmar's obligations under the Genocide Convention. The ICC is investigating alleged crimes against humanity. The UNHRC has established mechanisms to monitor and report on the human rights situation.