Displacement of the Rohingya before the ICJ and the ICC : same conduct, different crimes in international law ? / Lucas Alcici and Saba Pipia
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Article
Title:
Displacement of the Rohingya before the ICJ and the ICC : same conduct, different crimes in international law ?
Author zone:
Lucas Alcici and Saba Pipia
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English
Abstract:
This article analyses the ongoing proceedings before the ICJ and the ICC relating to the suppression and persecution of the Rohingya in Myanmar. It outlines the legitimacy of standing of the Gambia to institute proceedings against Myanmar based on the erga omnes nature of the obligation to prevent genocide, and what are the possible outcomes of these proceedings. It also analyses the ongoing investigations at the ICC and the process leading to the authorisation thereof. The focus is pointed to forcible deportation and its legal qualification as a different crime. Moreover, proceedings in the domestic courts of Argentina in light of complementarity and universality are also discussed. The article also focuses on differences and similarities between the proceedings before the ICJ and the ICC. Furthermore, the article provides an overview of potential challenges which the international community may face if the two international courts qualify the same conduct as different crimes under different legal regimes.
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