ICC prosecutor to open ‘preliminary examination’ into Rohingya expulsions

The chief prosecutor at the International Criminal Court (ICC) announced on Tuesday that she plans to launch a preliminary examination into the deportation of hundreds of thousands of Rohingya from Myanmar into Bangladesh, and possibly other crimes committed by Myanmar authorities.

In a written statement and in a video, prosecutor Fatou Bensouda explained that the initial examination will seek to determine whether there is enough evidence to proceed with a full investigation of Myanmar’s alleged crimes against humanity.

“The preliminary examination may take into account a number of alleged coercive acts having resulted in the forced displacement of the Rohingya people, including deprivation of fundamental rights, killing, sexual violence, enforced disappearance, destruction, and looting,” she said.

She added that her office will “further consider whether other crimes under article 7 of the Rome Statute may be applicable to the situation at hand, such as the crimes of persecution and other inhumane acts”.

Describing the rigor she will apply to the examination, she said: “This is the least we owe to the victims.”

Her announcement came less than two weeks after the ICC determined that it had jurisdiction over Myanmar’s alleged crimes despite not being a member of the court. The decision was based on the fact that part the alleged crime took place in Bangladesh, which is a member of the court.

Myanmar military leaders have been accused by a UN fact-finding mission of committing genocide against the Rohingya during military operations carried out in northern Rakhine State beginning in Aug. 2017. More than 700,000 fled to Bangladesh during that time.

On the same day as Bensouda’s announcement, the fact-finding mission released a detailed report on alleged crimes against humanity committed by Myanmar security forces in Rakhine, Shan, and Kachin states citing more than 850 interviews. It reiterated allegations of genocide and calls for ICC prosecution.

Myanmar has long maintained that the ICC has no jurisdiction over the actions of its security forces, and it has justified its military operations in Rakhine State as legitimate counterinsurgency efforts.