A1 Journal article (refereed)
Disentangling Law and Religion in the Rohingya Case at the International Criminal Court (2021)


Pérez-León-Acevedo, J.-P., & Pinto, T. A. (2021). Disentangling Law and Religion in the Rohingya Case at the International Criminal Court. Nordic Journal of Human Rights, 39(4), 458-480. https://doi.org/10.1080/18918131.2021.1997502


JYU authors or editors


Publication details

All authors or editorsPérez-León-Acevedo, Juan-Pablo; Pinto, Thiago Alves

Journal or seriesNordic Journal of Human Rights

ISSN1891-8131

eISSN1891-814X

Publication year2021

Publication date02/10/2021

Volume39

Issue number4

Pages range458-480

PublisherRoutledge

Publication countryUnited Kingdom

Publication languageEnglish

DOIhttps://doi.org/10.1080/18918131.2021.1997502

Publication open accessOpenly available

Publication channel open accessPartially open access channel

Publication is parallel published (JYX)https://jyx.jyu.fi/handle/123456789/80229


Abstract

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.


Keywordsnational minoritiesethnic groupsRohingyasethnic cleansingsreligious persecutionswar crimeshuman rightsfreedom of religioninternational lawinternational criminal lawinternational courts of justice

Free keywordsMyanmar; Rohingya; International Criminal Court; religious persecution; international criminal law; human rights; freedom of religion; law and religion


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Ministry reportingYes

Reporting Year2022

JUFO rating2


Last updated on 2024-03-04 at 17:17