The Rohingya, justice and international law / Kriangsak Kittichaisaree.

Format:

Book

Author/Creator:

Kriangsak Kittichaisaree, 1958- author.

Language:

English

Subjects (All):

Crimes against humanity (International law).

Crimes against humanity--Law and legislation--Burma.

Crimes against humanity.

Genocide (International law).

Genocide--Law and legislation--Burma.

Genocide.

Rohingya (Burmese people)--Crimes against--Burma.

Rohingya (Burmese people).

International law and human rights--Burma.

International law and human rights.

Human rights--Burma.

Human rights.

Genocide--Law and legislation.

Crimes against humanity--Law and legislation.

Burma.

Physical Description:

xii, 301 pages ; 25 cm

Place of Publication:

Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2022.

Summary:

"Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court"--Provided by publisher.

Contents:

Machine generated contents note: pt. I Introduction

1. Narratives about the `Rohingya' and their plight

Who are the people widely called the `Rohingya'?

The accusation about the plight of the Rohingya

The Myanmar Government's defence

The Myanmar National Human Rights Commission

2. The Rohingya situation and international reactions

ASEAN

OIC

Human rights treaty bodies

United Nations

UN Security Council

Human Rights Council and UN General Assembly

pt. II The International Court of Justice: State responsibility

3. The Gambia's case before the ICJ

Introduction to the ICJ

The Gambia's Application

The Gambia's legal standing to institute the Application against Myanmar

Existence of a dispute between The Gambia and Myanmar

4. Proving violations of the 1948 Genocide Convention

Genocide Convention

Burden and standard of proof

Provisional measures indicated by the ICJ

Possible outcomes if Myanmar is held to have breached the Genocide Convention

pt. III The International Criminal Court: Individual criminal responsibility

5. Introduction to the International Criminal Court

The ICC

Crimes under the ICC's jurisdiction

Trigger mechanisms and preconditions for the ICC's exercise of jurisdiction

Complementarity

Direct responsibility or command/superior responsibility

Investigation, trial, appeal and punishment

Prosecution of high-ranking civilians in international criminal tribunals

6. Practical difficulties faced by the ICC

The ones in the dock

The ones not (yet) in the dock

Will the Office of the ICC Prosecutor be capable of discharging its mandate in relation to the Situation in Bangladesh/Myanmar?

pt. IV Justice in foreign domestic courts

7. Exercise of universal criminal jurisdiction by Argentina and other nation States

Criminal jurisdiction

Decline or rise in the exercise of universal jurisdiction?

8. Sanctions and redress under domestic law for victims of serious human rights violations abroad

Unilateral sanctions

Damages and other forms of reparation under the domestic law of foreign States

pt. V Stock taking

9. Lessons learnt and future possibilities

Where are we now?

Alternatives to prosecution

Amnesty and pardon

Statute of limitations

International cooperation to extradite or prosecute perpetrators of serious crimes of international concern

Business as usual with Myanmar, especially after the February 2021 military takeover?.

Notes:

"Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court"-- Provided by publisher.

Includes bibliographical references and index.

ISBN:

9781032123448

1032123443

9781032123417

1032123419

OCLC:

1250511690

Publisher Number:

99989132079