International Criminal Court Rules Rohingya Deportation Case May Move Forward (September 6, 2018) [1]
On September 6, 2018, International Criminal Court (ICC) Pre-Trial Chamber I held [3] that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh. As noted in the press release [4], the Chamber held that although acts concerning the “alleged deportation of members of the Rohingya people occurred on the territory of Myanmar (which is a State not party to the Statute), the Court may nonetheless exercise its jurisdiction, since an element of this crime (the crossing of a border) occurred on the territory of Bangladesh (which is a State party to the Statute).” The Chamber determined that it had the power to hear the Prosecutor’s request for a ruling regarding the question of jurisdiction under Article 119(1) of the Rome Statute—which allows the Court to settle disputes over its judicial functions—as well as under the principle of la compétence de la competence or Kompetenz‑Kompetenz—the power of an international court or tribunal to define the extent of its own jurisdiction. The Court also determined that the crime at issue contains two elements, forcible transfer and deportation, and that the Court may exercise jurisdiction where either element has taken place in the territory of a state party to the Rome Statute.