Disentangling law and religion in the Rohingya case at the International Criminal Court
The Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh....
| Main Authors: | , |
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| Format: | Journal article |
| Language: | English |
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Taylor and Francis
2022
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| _version_ | 1797113081525960704 |
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| author | Pérez-León-Acevedo, J-P Alves Pinto, T |
| author_facet | Pérez-León-Acevedo, J-P Alves Pinto, T |
| author_sort | Pérez-León-Acevedo, J-P |
| collection | OXFORD |
| description | The Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh. These events have triggered proceedings at the International Criminal Court (ICC). The ICC has arguably failed to address the religious dimensions of crimes and facts in some of its previous jurisprudence appropriately. The entanglement of law and religion at the ICC may lead to an impoverished ratio decidendi and disregard for the victims’ claims. We hence argue that, by disentangling law and religion in the proceedings related to the Rohingya, the ICC may be able to enhance the consideration of both elements. This approach should result in (1) appropriate fact-finding related to the Rohingya’s identity on ethnic and religious grounds as well as religious dimensions of mass atrocities; (2) attribution of criminal responsibility for serious violations of human rights, including rights related to the Rohingya’s religious identity, which constitute international crimes; and (3) reparations for victims to redress harm inflicted on them. |
| first_indexed | 2024-04-09T03:58:39Z |
| format | Journal article |
| id | oxford-uuid:ebdcd9fc-5d4f-47df-a486-8ba0ed18f5a4 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-04-09T03:58:39Z |
| publishDate | 2022 |
| publisher | Taylor and Francis |
| record_format | dspace |
| spelling | oxford-uuid:ebdcd9fc-5d4f-47df-a486-8ba0ed18f5a42024-03-28T14:11:53ZDisentangling law and religion in the Rohingya case at the International Criminal CourtJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:ebdcd9fc-5d4f-47df-a486-8ba0ed18f5a4EnglishSymplectic ElementsTaylor and Francis2022Pérez-León-Acevedo, J-PAlves Pinto, TThe Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh. These events have triggered proceedings at the International Criminal Court (ICC). The ICC has arguably failed to address the religious dimensions of crimes and facts in some of its previous jurisprudence appropriately. The entanglement of law and religion at the ICC may lead to an impoverished ratio decidendi and disregard for the victims’ claims. We hence argue that, by disentangling law and religion in the proceedings related to the Rohingya, the ICC may be able to enhance the consideration of both elements. This approach should result in (1) appropriate fact-finding related to the Rohingya’s identity on ethnic and religious grounds as well as religious dimensions of mass atrocities; (2) attribution of criminal responsibility for serious violations of human rights, including rights related to the Rohingya’s religious identity, which constitute international crimes; and (3) reparations for victims to redress harm inflicted on them. |
| spellingShingle | Pérez-León-Acevedo, J-P Alves Pinto, T Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title | Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title_full | Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title_fullStr | Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title_full_unstemmed | Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title_short | Disentangling law and religion in the Rohingya case at the International Criminal Court |
| title_sort | disentangling law and religion in the rohingya case at the international criminal court |
| work_keys_str_mv | AT perezleonacevedojp disentanglinglawandreligionintherohingyacaseattheinternationalcriminalcourt AT alvespintot disentanglinglawandreligionintherohingyacaseattheinternationalcriminalcourt |