Accountability for crimes against the Rohingya: possibilities for the general assembly where the security council fails

Barber, Rebecca 2019, Accountability for crimes against the Rohingya: possibilities for the general assembly where the security council fails, Journal of international criminal justice, vol. 17, no. 3, pp. 557-584.

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Title Accountability for crimes against the Rohingya: possibilities for the general assembly where the security council fails
Author(s) Barber, RebeccaORCID iD for Barber, Rebecca orcid.org/0000-0001-7680-1486
Journal name Journal of international criminal justice
Volume number 17
Issue number 3
Start page 557
End page 584
Total pages 28
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2019-07
ISSN 1478-1387
Keyword(s) Myanmar
Rohingya
Accountability
UN General Assembly
Summary In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Council fails to act, the General Assembly may establish an ad hoc international criminal tribunal. It considers first the competency of the General Assembly to consider and make recommendations on matters of international peace and security, as explicitly articulated in the UN Charter and as implied by the purposes and principles of the UN; it then considers the relevance and applicability of the General Assembly’s Uniting for Peace Resolution. It argues that the General Assembly has previously interpreted its powers to include the establishment of bodies it deems necessary for the maintenance of peace and security, and that in the case of Myanmar there is no reason it could not take the further step of establishing an ad hoc criminal tribunal – albeit one without coercive powers.
Language eng
Indigenous content off
Field of Research 180116 International Law (excl International Trade Law)
180114 Human Rights Law
180120 Legal Institutions (incl Courts and Justice Systems)
1801 Law
Socio Economic Objective 940303 International Organisations
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2019, The Author(s)
Persistent URL http://hdl.handle.net/10536/DRO/DU:30123211

Document type: Journal Article
Collections: Faculty of Arts and Education
School of Humanities and Social Sciences
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