DHAKA, June 26, 2019 (BSS)-In a new development, the International Criminal Court has constituted Pre-Trial Chamber III and assigned it to the situation in Bangladesh and Myanmar in regard to the alleged crimes against the Rohingyas.
Pre-Trial Chamber III is composed of Judge Robert Fremr, Judge Olga Herrera Carbuccia and Judge Geoffrey Henderson, according to a press release of ICC.
This decision follows a notice by the ICC Prosecutor, Fatou Bensouda, informing the Presidency of her intention to submit a request for an authorisation to open an investigation into this situation.
The Prosecutor has notified judges that she will seek an authorisation “to investigate alleged crimes within the Court’s jurisdiction in which at least one element occurred on the territory of Bangladesh – a State Party to the Rome Statute since June 1, 2010 – and within the context of two waves of violence in Rakhine State on the territory of Myanmar, as well as any other crimes which are sufficiently linked to these events”.
Once the Prosecutor submits her request, it will then be for the Judges of Pre-Trial Chamber III to decide whether or not to authorise the Prosecutor to open an investigation into the situation.
The Judges will have to consider whether there is a reasonable basis to proceed with an investigation, upon examination of the Prosecutor’s request and the supporting material.
On September 6, 2018, following a request submitted by the Prosecutor pursuant to article 19(3) of the Statute, ICC Pre-Trial Chamber I decided by majority that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar occurred on the territory of Myanmar (which is a State not party to the Statute) to Bangladesh (which is a State party to the Statute).
On September 18, 2018, the Prosecutor announced the opening of a preliminary examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh.