LLB (Lon) LLM (Lon) Gray’s Inn, Coventry University Phd candidate
10.22091/ijicl.2024.9945.1076
Abstract
Rohingyan Muslims have suffered persecution and genocide in the Republic of Myanmar (formerly Burmah) and have been expelled from the country by the military junta who are in power. Evidence shows that they have suffered grave human rights abuses and that there is no prospect of their returning to their lands in the near future. UN human rights investigators have compiled reports that testify to the in humanities that they have suffered. Despite this, there has been no efforts towards redressing this problem, which falls within the remit of international human rights law. The actions that could have been considered are UN intervention under the Responsibility to Protect (RP2) measure, that could serve as a basis for arresting the responsible officials in Myanmar and prosecuting them at the International Criminal Court (ICC). This has not been possible because of the lack of consensus in the international community and the exercise of the veto power by some members of the Security Council. This article argues that there should be a doctrine that creates the pretext for intervention based on Hans Kelsen’s theory of monism and the just war thesis, which could enable the ICC to conduct its own investigations in serious instances of human rights abuses. This could override the Security Council veto, and empower the General Assembly to vote for the RP2 mechanism which should be activated for the ICC to carry out its mandate and intervene to arraign the officials of Mynamar for war crimes and crimes against humanity.
Akhtar, Z. (2024). Rohingyan Muslims, Monism and International law : Expanding the Responsibility to Protect Mechanism in internal conflicts. Iranian Journal of International and Comparative Law, (), -. doi: 10.22091/ijicl.2024.9945.1076
MLA
Zia Akhtar. "Rohingyan Muslims, Monism and International law : Expanding the Responsibility to Protect Mechanism in internal conflicts". Iranian Journal of International and Comparative Law, , , 2024, -. doi: 10.22091/ijicl.2024.9945.1076
HARVARD
Akhtar, Z. (2024). 'Rohingyan Muslims, Monism and International law : Expanding the Responsibility to Protect Mechanism in internal conflicts', Iranian Journal of International and Comparative Law, (), pp. -. doi: 10.22091/ijicl.2024.9945.1076
VANCOUVER
Akhtar, Z. Rohingyan Muslims, Monism and International law : Expanding the Responsibility to Protect Mechanism in internal conflicts. Iranian Journal of International and Comparative Law, 2024; (): -. doi: 10.22091/ijicl.2024.9945.1076
)