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Table of Contents
Intro
Preface
Contents
About the Author
1 Introduction
References
2 Background to the Rohingya Crisis
2.1 Introduction
2.2 Colonial Period
2.3 Post-independence
2.4 Conclusion
References
3 The Rohingya Crisis and the International Criminal Court
3.1 Procedural History
3.1.1 The United Nations' and Myanmar's Initiatives for Dealing with the Rohingya Crisis
3.2 The Good Offices of the United Nations Secretary-General
3.3 Myanmar's Ratification of International Treaties
3.4 Rising Awareness of the Pursuit of Individual Responsibility
3.4.1 Prelude to the Pursuit of Individual Responsibility
3.4.2 Proceedings Before the ICC
3.5 Pros and Cons on the Jurisdiction of the ICC Over the Bangladesh/Myanmar Situation
3.6 ASEAN and Chinese Efforts to Cope with the Rohingya Crisis
3.7 Recent Developments
3.8 Conclusion
References
4 The Relationship Between the Rohingya Case Before the International Court of Justice and the Bangladesh-Myanmar Situation Before the International Criminal Court
4.1 Proceedings Before the International Court of Justice
4.1.1 Institution of Proceedings by the Gambia
4.1.2 Desired Relief
4.1.3 Myanmar's Counterargument
4.1.4 Third-Party Intervention Before the ICJ
4.2 Provisional Measures
4.3 Preliminary Objections
4.3.1 Myanmar's Preliminary Objections
4.3.2 Rulings
4.4 Related Developments
4.5 Prospects for Establishing Genocide
4.6 The Gambia V. Myanmar as Strategic Human Rights Litigation
4.7 The Dynamic Relationship Between State and Individual Responsibility for Crimes Under International Law
4.7.1 The ICJ and the ICC
4.7.2 The ICC and Regional Human Rights Institutions
4.7.3 Superior Responsibility
4.8 Responsibility to Protect and the Gambia's Application
4.9 Responsibility to Protect and the US Government
4.10 Possible Effects Associated with the February 2021 coup d'état
4.11 Implications of the Application of the Genocide Convention in Ukraine and Russia on the Application of the Genocide Convention in Myanmar
4.12 Conclusion
References
5 The Legitimacy, Effectiveness, and Efficiency of the ICC
5.1 The Meaning and Indicators of the ICC's Legitimacy
5.1.1 Legitimacy Discourse in International Law
5.1.2 Legitimacy Discourse in International Criminal Law
5.1.3 The Meaning of Legitimacy
5.1.4 Legitimacy of the ICC
5.2 ICC Effectiveness and Efficiency
5.3 Evaluating Legitimacy and Effectiveness vis-à-vis Bangladesh/Myanmar
5.3.1 Evaluating Legitimacy
5.3.2 Effectiveness: Likelihood of Trials in Domestic Courts
5.4 Conclusion
References
6 Conclusion
6.1 Rule of Law in a World in Chaos
6.2 Proposed Solutions
6.3 Dual-Track Pursuit of State and Individual Responsibility in the International Legal System
References
Index
Preface
Contents
About the Author
1 Introduction
References
2 Background to the Rohingya Crisis
2.1 Introduction
2.2 Colonial Period
2.3 Post-independence
2.4 Conclusion
References
3 The Rohingya Crisis and the International Criminal Court
3.1 Procedural History
3.1.1 The United Nations' and Myanmar's Initiatives for Dealing with the Rohingya Crisis
3.2 The Good Offices of the United Nations Secretary-General
3.3 Myanmar's Ratification of International Treaties
3.4 Rising Awareness of the Pursuit of Individual Responsibility
3.4.1 Prelude to the Pursuit of Individual Responsibility
3.4.2 Proceedings Before the ICC
3.5 Pros and Cons on the Jurisdiction of the ICC Over the Bangladesh/Myanmar Situation
3.6 ASEAN and Chinese Efforts to Cope with the Rohingya Crisis
3.7 Recent Developments
3.8 Conclusion
References
4 The Relationship Between the Rohingya Case Before the International Court of Justice and the Bangladesh-Myanmar Situation Before the International Criminal Court
4.1 Proceedings Before the International Court of Justice
4.1.1 Institution of Proceedings by the Gambia
4.1.2 Desired Relief
4.1.3 Myanmar's Counterargument
4.1.4 Third-Party Intervention Before the ICJ
4.2 Provisional Measures
4.3 Preliminary Objections
4.3.1 Myanmar's Preliminary Objections
4.3.2 Rulings
4.4 Related Developments
4.5 Prospects for Establishing Genocide
4.6 The Gambia V. Myanmar as Strategic Human Rights Litigation
4.7 The Dynamic Relationship Between State and Individual Responsibility for Crimes Under International Law
4.7.1 The ICJ and the ICC
4.7.2 The ICC and Regional Human Rights Institutions
4.7.3 Superior Responsibility
4.8 Responsibility to Protect and the Gambia's Application
4.9 Responsibility to Protect and the US Government
4.10 Possible Effects Associated with the February 2021 coup d'état
4.11 Implications of the Application of the Genocide Convention in Ukraine and Russia on the Application of the Genocide Convention in Myanmar
4.12 Conclusion
References
5 The Legitimacy, Effectiveness, and Efficiency of the ICC
5.1 The Meaning and Indicators of the ICC's Legitimacy
5.1.1 Legitimacy Discourse in International Law
5.1.2 Legitimacy Discourse in International Criminal Law
5.1.3 The Meaning of Legitimacy
5.1.4 Legitimacy of the ICC
5.2 ICC Effectiveness and Efficiency
5.3 Evaluating Legitimacy and Effectiveness vis-à-vis Bangladesh/Myanmar
5.3.1 Evaluating Legitimacy
5.3.2 Effectiveness: Likelihood of Trials in Domestic Courts
5.4 Conclusion
References
6 Conclusion
6.1 Rule of Law in a World in Chaos
6.2 Proposed Solutions
6.3 Dual-Track Pursuit of State and Individual Responsibility in the International Legal System
References
Index