Abstract
Genocide is regarded as one of the gravest crimes under international criminal law because it threatens the existence of entire human groups based on their nationality, ethnicity, race, or religion. The legal concept of genocide was formally recognized through the Convention on the Prevention and Punishment of the Crime of Genocide, 1948, which imposed an obligation upon states to prevent and punish such acts. Over the years, international criminal law has evolved through various treaties, judicial decisions, and institutions, particularly the International Criminal Court (ICC) and the International Court of Justice (ICJ), to ensure accountability for mass atrocities.
This study examines the concept of genocide and the development of the international legal framework governing it, with special reference to the Rohingya crisis in Myanmar. The Rohingya, a Muslim minority community, have faced decades of discrimination, denial of citizenship, and systematic exclusion. The situation reached a critical stage in 2017 when large-scale military operations resulted in killings, destruction of villages, sexual violence, and the forced displacement of hundreds of thousands of Rohingya to Bangladesh. These events attracted global attention and raised serious allegations of genocide and crimes against humanity.
The paper further analyses the role of international legal institutions in addressing the Rohingya crisis and discusses why proceedings were initiated before the ICJ rather than the ICC. It also evaluates the legal status of Rohingya refugees in India and Bangladesh and highlights the challenges associated with prosecution under international criminal law, including jurisdictional limitations, political interference, lack of state cooperation, and difficulties in proving genocidal intent.
The study concludes that while international criminal law provides a strong normative framework for preventing and punishing genocide, its effectiveness depends largely on international cooperation, political commitment, and timely enforcement. Strengthening global accountability mechanisms and ensuring the protection of vulnerable communities remain essential for achieving justice and preventing future atrocities.
Keywords
Genocide, International Criminal Law, Rohingya Crisis, Myanmar, International Criminal Court (ICC), International Court of Justice (ICJ), Refugee Protection, Crimes Against Humanity, Genocide Convention, Accountability.Top of FormBottom of Form
Introduction
‘Genocide is the denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings.’ - Raphael Lemkin
Genocide is one of the gravest crimes under international law, involving acts committed with the intent to destroy, wholly or partly, a national, ethnic, racial, or religious group. The concept was first articulated by Raphael Lemkin and later given legal recognition through the Convention on the Prevention and Punishment of the Crime of Genocide, 1948. This Convention defines genocide and imposes an obligation upon states to prevent and punish such acts:
“The Contacting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish”.
Over time, international criminal law has developed mechanisms to deal with such crimes, particularly through institutions like the International Criminal Court, which seeks to ensure individual criminal responsibility for serious violations of human rights.
The Rohingya crisis in Myanmar represents a significant contemporary example that raises serious concerns of genocide. The Rohingya, a Muslim minority group, have historically faced discrimination, exclusion, and denial of citizenship under Myanmar’s legal framework. The situation escalated in 2017 when military operations led to widespread violence, including killings, destruction of villages, and forced displacement. Thousands of Rohingya fled to neighboring Bangladesh, resulting in a severe humanitarian crisis. Reports by international bodies have described these acts as possible genocide and crimes against humanity.
This situation highlights the importance of international criminal law in addressing mass atrocities. However, it also exposes several limitations, such as issues of jurisdiction, lack of enforcement mechanisms, and political constraints that often hinder effective action. The role of international courts and state cooperation becomes crucial in ensuring accountability and justice.
In recent years, international attention has increased regarding the accountability of Myanmar before global forums such as the International Court of Justice. These developments show that international law is gradually evolving, yet challenges remain in ensuring timely justice and protection of vulnerable groups. Therefore, the study of genocide in the context of the Rohingya crisis provides a deeper understanding of how international criminal law operates in practice. It also raises important questions about the effectiveness of global legal frameworks in preventing such crimes and protecting vulnerable communities.
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