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      Myanmar's Citizenship Law as State Crime: A Case for the International Criminal Court

      Published
      research-article
      1
      State Crime Journal
      Pluto Journals
      International Criminal Court, apartheid, citizenship, Myanmar, Rohingya
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            Abstract

            This article argues that Myanmar's authorities subject the Rohingya to human rights violations that can be accurately described as the crime of apartheid. Myanmar's discriminatory application of its citizenship laws and processes is central to this crime, yet while Myanmar is not a signatory to the Rome Statute of the International Criminal Court, the court's jurisdiction remains limited. However, Myanmar's government has brought this crime to the territory of International Criminal Court (ICC) member state Bangladesh. Because Myanmar's government insists upon Rohingya participation in discriminatory citizenship processes as a precondition of refugee repatriation to Myanmar, this presents the ICC with an opportunity to assert its jurisdiction. While current ICC investigation focusses mostly on alleged crimes committed by the Myanmar military, crimes associated with Myanmar's citizenship processes would likely be the responsibility of Myanmar's civilian government, including State Counsellor Aung San Suu Kyi, making Myanmar's civilian political leaders liable for the first time to ICC prosecution.

            Content

            Author and article information

            Journal
            10.2307/j50005552
            statecrime
            State Crime Journal
            Pluto Journals
            2046-6056
            2046-6064
            1 January 2019
            : 8
            : 2 ( doiID: 10.13169/statecrime.8.issue-2 )
            : 241-279
            Affiliations
            [1 ] Queen Mary University of London;
            Article
            statecrime.8.2.0241
            10.13169/statecrime.8.2.0241
            c1006ee5-fe46-43f7-bdb5-5465b906d95f
            © 2019 International State Crime Initiative

            All content is freely available without charge to users or their institutions. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission of the publisher or the author. Articles published in the journal are distributed under a http://creativecommons.org/licenses/by/4.0/.

            History
            Categories
            Custom metadata
            eng

            Criminology
            International Criminal Court,apartheid,citizenship,Myanmar,Rohingya

            Note

            1. Myanmar is still often known as Burma. To avoid confusion, the name “Myanmar” is used to refer to the country from the time its name was officially changed by the military junta in 1989. When referring to the country's history prior to 1989, the name “Burma” is used. Where necessary, to preserve meaning and avoid confusion, both the former and official name will be used in tandem as “Burma/Myanmar”. Names in Myanmar are usually personal to the individual rather than following first name/surname conventions common to the West, so Myanmar names used in the body of the article and references are presented in full.

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