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Ikechukwu P. Ugwu
University of Silesia in Katowice, Poland
Keywords:
International Criminal Court, International Court of Justice, Jurisdiction, Human Rights, Rohingya People
Abstract
Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.
Author Biography
Ikechukwu P. Ugwu, University of Silesia in Katowice, Poland
Ikechukwu P. UGWU is a Doctoral Researcher at the University of Silesia in Katowice, Poland. He holds two master’s degrees; LL.M Public International Law from Bournemouth University, UK, 2019 (Distinction); LL.M Intellectual Property Rights from the University of Nigeria, Nsukka. The British government awarded Ikechukwu the Commonwealth Shared Scholarship in conjunction with Bournemouth University for his LLM in Public International Law at Bournemouth University. He holds an LLB degree from the University of Nigeria, Nsukka, 2014. He is a qualified barrister and solicitor in Nigeria. Email: ikechukwu.ugwu@us.edu.pl. ORCID: 0000-0002-0271-9364. Publications: Sascha Dov Bachmann and Ikechukwu P. Ugwu, “Hardin’s ‘Tragedy of the Commons’: Indigenous Peoples’ Rights and Environmental Protection: Moving Towards an
Emerging Norm of Indigenous Rights Protection?”, Oil and Gas, Natural Resources, and Energy Journal 6 (2021): 547; Ikechukwu Ugwu, Anna Stephanie Elizabeth Orchard, Argyro Karanasiou, “Driverless Vehicles and Liability” in Philip L. Frana and Michael J. Klein (eds), Encyclopedia of Artificial Intelligence: The Past, Present, and Future of AI (California: ABC-CLIO, 2021) 131; Ikechukwu P. Ugwu, “The Tragedy of the Commons: Indigenous Peoples’ Rights as Catalyst for Environmental Protection”, Bournemouth University (2019).
