NATIONAL LAW UNIVERSITY ODISHA

PROJECT REPORT
ON

REFUGEES IN A GLOBALIZING WORLD:

AN ANALYSIS OF THE ROHINGYAN REFUGEES AND GLOBAL JUSTICE

SUBMITTED TO SUBMITTED FROM

DR. ITISHREE MISHRA AYUSH SINGH
Roll No. 006
 Table of Contents

Contents

I. INTRODUCTION:...........................................................................................................................................2

II. THE ROHINGYA CRISIS.................................................................................................................................4

 Who are the Rohingya?................................................................................................................................4

 How did the violence begin?........................................................................................................................4

III. INVOLVEMENT OF GLOBAL COMMUNITY.............................................................................................7

 Three responses for global justice................................................................................................................7

 Invoking global jurisdiction..........................................................................................................................8

 Alternative measures for International Justice.............................................................................................9

 Involvement of the International Criminal Court.......................................................................................10

 International community’s endeavor for ensuring global justice...............................................................11

 14

SUGGESTIONS..............................................................................................................................................15

 The way forward for attaining global justice to Rohingyas.......................................................................15

IV. CONCLUSION...............................................................................................................................................17

V. BIBLIOGRAPHY..........................................................................................................................................18

1
I. INTRODUCTION:

Globalization, including Neo liberalization and Postmodernism, is a set of techniques that has boosted cultural,
academic, commercial, and business interactions throughout the world and is beneficial to all growing nations
throughout the world. Moving around the world is not a new phenomenon; scholars and leaders have visited
diverse countries around the globe to invent and explore for the betterment of human beings; as dates, periods,
and decades change, in the era of globalization, people are travelling around the globe now for a better living
standard, better opportunities, and also survival, from countries where poverty and terror has swallowed up the
entire society. Globalization has facilitated the growth of free nations, trade, economy, and borders, which
allows individuals to migrate across the world. There are an estimated 200 million immigrants worldwide, with
115 million of them residing in developed nations1. It is a large movement throughout the world due to open
borders, varied interactions and agreements between nations, students, and, last but not least, refugees.

What differentiates refugees from other set of individuals travelling from one country to another is that the
normal travelers and non-citizens residing in any state has the right to basic human rights protection. Meanwhile
refugees, even if they formally possess a nationality, are differentiated from others by their lack of the rights of
“external citizenship” which are the “right to diplomatic protection” and the “right to return”.

According to the “1951 Convention Relating to the Status of Refugees”, a refugee is

“One who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a social group or political opinion is outside the country of his nationality and is unable or,
owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a
nationality and being outside the country of his habitual residence is unable, or, owing to such fear, is unwilling
to return to it”2

1
UNITED NATIONS (2019, September 17). UN Department of Economic and Social Affairs Report.
https://www.un.org/development/desa/en/news/population/international-migrant-stock-2019.html.
2
UNITED NATIONS (1951). Convention and Protocol Relating to the status of refugees. https://www.unhcr.org/3b66c2aa10.
2
This definition of a refugee is normatively based on the fact that they are “people who lost their political
position as citizens of a state”. Oppressions faced by refugees goes beyond a simple lack of fundamental rights
protection instead it reflects and imposes the denial of existence and refusal of right to life. Refugees are the
people who have fled warfare, bloodshed, struggle, or oppression and crossed international border in pursuit of
safety and peace in different nations. They have often escaped with nothing but their lives in hand and most of
the leaving homes, assets, careers, and family members behind. The case of Rohingyan people in Myanmar is
no different, who after years of persecution and torture in their homeland, are fleeing their nation is search of
safety and global justice.

This paper is an attempt to understand the position of Rohingyan community in Myanmar and to evaluate the
reaction of international community towards one the most gruesome and violent cases of human right violation
of 20th century and to analyze how global justice is ensured in the present globalizing world.

Review of Literature
1. Tim McLaughlin, the author of the article titled "Myanmar publishes census, but Rohingya minority not
Recognized," discusses how the Rohingya Muslim minority was not included in Myanmar's most recent
national census, which highlights the extensive state-sanctioned discrimination they face. The Rohingya, the
most of whom are stateless, live in Rakhine state in apartheid-like conditions and have experienced
relocation and violent conflicts. The omission casts doubt on the validity of the census and the nation's
commitment to resolving ongoing intercommunal strife and human rights abuses, which runs counter to
earlier commitments made by the Myanmar government to international sponsors. This disclosure comes
amid international pressure on Myanmar to acknowledge and address the rights and identity of the Rohingya
minority and coincides with a summit of Southeast Asian delegates debating the plight of "boat people,"
many of whom are Rohingya. The census also uncovered unanticipated information on Myanmar's
population and literacy rates, as well as discrepancies between the country's living standards and life

3
 expectancy when compared to those of its neighbors.1

2. The UN Secretary-General voiced his deep sorrow and heartbreak over the ongoing suffering of the
Rohingya people in a press conference with Jim Yong Kim, the President of the World Bank, highlighting
their terrible persecution and statelessness in Myanmar. He underscored the dreadful living conditions the
Rohingya face in Bangladesh and pleaded with the international community to step up its support because
current humanitarian pleas are woefully inadequate. The World Bank's significant contribution and
Bangladesh's hosting of the refugees were thanked by the Secretary-General. The discussion focused on a
Memorandum of Understanding with the Myanmar government, highlighting it as the first step towards
acknowledging the rights of the Rohingya.2

3. Muslim militants known as the Arakan Rohingya Salvation Army (ARSA) coordinated attacks on 30 police
stations and an army base, which resulted in at least 71 casualties, including 59 insurgents and 12 security
personnel. This information was collected and published by Wa Lone and Shoon Naing3 independently.This
marked a significant escalation in the violence in Myanmar's Rakhine state. The Rohingya are a Muslim
minority living in the majority-Buddhist nation of Myanmar. They are refused citizenship and are
disenfranchised, which underlines the long-standing and divisive human rights issues surrounding them.
While the United Nations and the United States have denounced the attacks and urged restraint and respect
for human rights in handling the fallout, there are growing concerns abroad that this massive and organized
attack could ignite a harsh military response and spark additional communal clashes between Muslims and
Buddhist Rakhines.

4. The persecutions and difficulties endured by the Rohingya, a Muslim minority from Rakhine State in Burma
(Myanmar), are described in the article "The Rohingya crisis of June 2012: a survivor's testimony" by
Emma Crichton (published on 6 March 2013), which is based on a letter written by a survivor named
Hamid. The Rohingya are one of the world's most persecuted minority due to their ongoing oppression,
exclusion, brutality, and rights violations. The horrible events that took place in several parts of Rakhine

1
McLaughlin T, ‘Myanmar Publishes Census, but Rohingya Minority Not Recognized’ (Reuters, 29 May 2015)
<https://www.reuters.com/article/us-asia-migrants-myanmar-census-idUSKBN0OE1S420150529> accessed 30 September 2023

2
“Jim Yong Kim Secretary-General’ Transcript of Secretary-General’s Remarks at Press Encounter with President of the World Bank, (United
Nations) <https://www.un.org/sg/en/content/sg/press-encounter/2018-07-02/transcript-secretary-general%E2%80%99s-remarks-press-encounter>
accessed 30 September 2023”

3
Lone W and Naing S, ‘At Least 71 Killed in Myanmar as Rohingya Insurgents Stage Major Attack’ (Reuters, 25 August 2017)
<https://www.reuters.com/article/us-myanmar-rohingya-idUSKCN1B507K> accessed 30 September 2023

4
 State in June 2012 are described in Hamid's letter, including the slaughter of Muslims and serious human
rights abuses like torture, burnings, and shootings that were committed by both native Rakhine mobs and
government forces. Hamid underlines the urgent need for international assistance and action as Rohingya
continue to be uprooted, live in dread, and endure hardships in refugee camps, with cases of them being
turned away and driven back by neighboring nations like Bangladesh. The statement also describes the
limitations on disclosing information about the crimes, which has an effect on how the world perceives the
actual circumstances in Rakhine state.4

RESEARCH GAP
Despite the fact that the Rohingya refugee crisis has been thoroughly examined in the current literature in the
context of global justice and globalization, there is still a large study gap surrounding the long-term socioeconomic
integration and empowerment of Rohingya refugees in host nations. The majority of research have mostly
concentrated on the crisis's immediate humanitarian effects, legal consequences, and geopolitical ramifications.
Consequently, there is a significant study gap in comprehending the following:

 Rohingya Refugees' Socioeconomic Integration:

1. How well, in the context of globalization, have Rohingya refugees been able to assimilate into the
economies and society of their host countries?
2. What are the main impediments to and opportunities for Rohingya refugees to get healthcare, employment,
and education in their host countries, and how do these elements affect their general integration and
wellbeing?

 Agency and Empowerment of Rohingya Refugees:

1. What plans and actions, if any, have the Rohingya refugees made to enhance their living conditions, fight
for their rights, and get involved in local and global decision-making processes?
2. How can the agency and empowerment of Rohingya refugees be influenced by criteria like education,
gender, and age, and how can these factors be used to increase their involvement in initiatives for global
justice?

4
Emma Crichton and Hamid, Crichton E and Hamid, ‘The Rohingya Crisis of June 2012: A Survivor’s Testimony’ (openDemocracy, 6 March
2013) <https://www.opendemocracy.net/en/opensecurity/rohingya-crisis-of-june-2012-survivors-testimony/> accessed 30 September 2023

5
 Beyond Humanitarian Assistance: Global Justice

1. How can the idea of global justice be stretched beyond the provision of immediate humanitarian aid to take
into account the rights, opportunities, and dignity of Rohingya refugees living in host nations over the long
term?
2. How can the socioeconomic integration and empowerment of displaced communities like the Rohingya be
supported by creative policy frameworks, international cooperation mechanisms, and collaborations
between governments, civil society, and the private sector?

RESEARCH QUESTIONS
1. What are the worldwide repercussions of the Rohingya refugees' forced migration, and how has
globalization affected their patterns of displacement, travel, and resettlement?
2. What major human rights abuses have Rohingya refugees encountered, and how do these abuses relate to
larger questions of international law and global justice?
3. How well have international organizations and the global community responded to the Rohingya refugee
crisis in terms of offering protection, legal support, and humanitarian relief, and how do these actions
comport with the ideals of universal justice?
4. How may global justice concepts be used to enhance the socioeconomic integration and self-sufficiency of
Rohingya refugees in host countries? What effects has economic globalization on the livelihoods and
economic prospects accessible to Rohingya refugees in host countries?

6
II. THE ROHINGYA CRISIS

A brutal campaign of violence on Rohingya Muslims by Myanmar's army in August 2017 drove hundreds of
thousands to escape over the border into Bangladesh. They left everything to escape from the state oppression
which was termed afterwards by the United Nations as a "textbook example of ethnic cleansing." 3 The United
Nations top court ordered Myanmar to “take steps to safeguard members of the Rohingya group from genocide
in January 2020”4. However, Myanmar's army stated that they are battling Rohingya insurgents and refuses to
acknowledge killing of civilians5. Aung San Suu Kyi, Myanmar’s former global human rights icon, vehemently
defended Myanmar and denied genocide charges.6

 Who are the Rohingya?

According to United Nations Secretary-General Antonio Guterres, Rohingyas are “one of, if not the, most
discriminated people in the world"7. The Rohingya are an ethnic group of people living in Myanmar. Their
population is approximately around one million. They live mostly in Rakhine state. They have a different and
unique language and culture compared to the rest of Myanmar citizens. They claim to be descended from Arab
traders who previously lived in Myanmar.

But the law in Myanmar doesn’t consider the Rohingyas as citizens of Myanmar. They were even excluded
from the 2014 census.8 They are considered to be “illegal Bangladeshi immigrants”.

 How did the violence begin?

The difference between Buddhists and Rohingyan Muslims is as old as Myanmar. Despite the fact that the
Rohingya have been residing in Myanmar for centuries, Myanmar considers the Rohingyas as people who
invaded into the country during the British rule. Therefore, the Rohingyas are not considered as Myanmar
Citizens. According to the “1982 Burmese citizenship legislation”, “a Rohingya (or any ethnic minority) is only
eligible for citizenship if his/her ancestors were in the nation before to 1823”9. They are otherwise categorized
"resident foreigners" or "associate citizens (even if one of the parent is a Myanmar citizen)”. They won’t be
considered eligible for civil service since they are not citizens. Within Rakhine state, their movements are
similarly limited.

7
3
Desk, I. T. W. (2017, September 11). Un human rights chief points to 'textbook example of ethnic cleansing' in Myanmar. UN
news. https://news.un.org/en/story/2017/09/564622-un-human-rights-chief-points-textbook-example-ethnic-cleansing-myanmar.
4
Desk, I. T. W. (2020, January 23). Top un court orders Myanmar to protect Rohingya from genocide. UN news.
https://news.un.org/en/story/2020/01/1055841.
5
Desk, I. T. W. (2020, January 23). Myanmar Rohingya: Government rejects ICJ ruling. BBC
News. https://www.bbc.com/news/world-asia-51229796.

8
The United Nations has accused Myanmar, of constant efforts for ethnic cleansing in Rakhine. In 2011 lots of
Rohingyas were forcefully extradited to Bangladesh, and the then military government also implemented a
“citizenship legislation”. Even after the fall of the military government and the rise of the democratically
elected president in 2015, nothing changed for the Rohingya, as all the new governments were reluctant to
provide citizenship to the Rohingyas.

In June 2012, a lady belonging to Buddhist community was allegedly raped and killed in a Rohingya dominated
village. This led to severe fight between the two communities. Riots was started which lasted for weeks. People
from both sides died. There was another series of clashes and riots in October 2012, which made way for the
relocation of millions of Rohingyas to refugee camps in Bangladesh. Some of them sought shelter in Thailand,
the Philippines, Indonesia, and Malaysia, all of which are in South East Asia. The fights came to a finish in
2013 after mass relocation of Rohingyas into refugee camps by the Army.10

In August 2017, the ARSA insurgents, an army of Rohingyas murdered more than 35 police and military
officers in a clash. The Myanmar army, in retaliation started attacking and destroying Rohingya villages. 12 The
Myanmar military’s “clearing operations” claiming to eradicate ARSA was actually directed towards the
Rohingyan community. Residences and neighborhoods were set ablaze, civilians were killed, and Rohingya
youngsters were kidnapped and interrogated as a result of the insurgent onslaught. Rohingyas who had fled
Myanmar to Bangladesh stated that they left Myanmar after the army along with local Buddhist gangs lighted
up their homes and villages and murdered their families.

10
Crichton, E., & Hamid, H. (2013, March 6). The Rohingya Crisis of june 2012: A survivor's testimony. Open Democracy.
https://www.opendemocracy.net/en/opensecurity/rohingya-crisis-of-june-2012-survivors-testimony/.
11
Desk I.T.W (2019, June 12). The World Bank. Statement of Rakhine. World Bank Press.
https://www.worldbank.org/en/news/statement/2019/06/12/the-world-bank-and-myanmars-rakhine-state.
12
Lone, W., & Naing, S. (2017, August 25). At least 71 killed in Myanmar as Rohingya insurgents’ stage major attack. Reuters.
https://www.reuters.com/article/us-myanmar-rohingya-idUSKCN1B507K.
13
Desk I.T.W. (2017, December 12). MSF surveys estimate that at least 6,700 Rohingya were killed during the attacks in Myanmar.
Médecins Sans Frontières. https://www.msf.org/myanmarbangladesh-msf-surveys-estimate-least-6700-rohingya-were-killed-during-
attacks-myanmar.

9
III. INVOLVEMENT OF GLOBAL COMMUNITY

The Rohingya have been exposed to harsh kinds of abuse, including torture, persecution, extrajudicial murders,
and deportation, considering this as a grave threat to humanity, in 2017, the United Nations Human Rights
Council voted to examine Myanmar's army's alleged human rights violations against the country's Rohingya
Muslim minority. The EU-sponsored UN resolution, which was unanimously accepted, called for "the
deployment of an impartial international fact-finding team as soon as possible" in order to "ensure full
responsibility for offenders and justice for victims."20

The fact-finding team was deployed in Bangladesh refugee settlements to collect report from the Rohingya
refugees who has fled from Myanmar. The team examined and took oral evidence from the refugees and
Nations released a devastating report based on interviews with over 200 Rohingya refugees who fled Myanmar
for Bangladesh. The great majority of the 204 persons examined by a team of UN human rights investigators
said they had witnessed killings, and nearly half said they had a family member who had been murdered as
well as family members who were missing. Majority of the female refugees stated that they were victim of rape
or other types of sexual assault. The stories of children slain with knives, including an eight-month-old, a five-
year-old, and a six-year-old, were particularly repulsive. One mother said that her five-year-old daughter was
attempting to defend her from rape when a perpetrator "pulled out a large knife and cut her throat." An eight-
month-old infant was allegedly murdered as his mother was gang-raped by five security officers in another
case.21

As stateless people who have either departed Myanmar or resided there under severe persecution and with an
inferior status, the Rohingya had little possibility of pursuing justice and responsibility from Myanmar's courts
against military leaders who had committed horrendous atrocities. It is in these circumstances the global justice
measures for Rohingya have acquired relevance.

 Three responses for global justice

The Rohingya crisis in 2019 started three responses globally, two of them were international and one was
domestic. On July 4,2019 Fatou Bensouda, the former prosecutor of the International Criminal Court (ICC)
requested to International Criminal Court to start an investigation on the atrocities committed by Myanmar
on Rohingya minority22

In November 2019, the Gambia filed a case in the International Court of Justice (ICJ) on behalf of the
10
“Organization of Islamic Cooperation (OIC)”, alleging genocide by Myanmar's military leaders. They also
demanded intervention by the court to stop the genocide, punish offenders, and preserve evidence.23

20
Bruce, N. C. (2017, March 24). U.N. Rights Council to investigate. The New York Times.
https://www.nytimes.com/2017/03/24/world/asia/myanmar-rakhine-rohingya-un-rights-council.html.
21
Reporter S.O. (2019, September 17). The number of international migrants reaches 272 million, continuing an upward trend in all
world regions. UN Department of Economic and Social Affairs.
https://www.un.org/development/desa/en/news/population/international-migrant-stock-2019.html.
22
Reporter S.O. (2019, July 4). Request to International Criminal Court to start an investigation on Myanmar. International Criminal
Court News. https://www.icc-cpi.int/Pages/item.aspx?name=pr1465.
23
Desk I.T.W. (2019, November 11). Gambia files Rohingya genocide case against Myanmar at UN Court. The Guardian.
https://www.theguardian.com/world/2019/nov/11/gambia-rohingya-genocide-myanmar-un-court.

11
  Invoking global jurisdiction

A 'genocidal intent' which is “an intent to destroy a national, ethnical, racial, or religious group in whole or in
part” and a 'genocidal act' together constitute the elements of a genocide under international law.

All state governments are obliged under the Genocide Convention “to prevent and punish genocide, as well as
to establish national legislation to give effect to the convention's requirements”. Furthermore, regardless of
where or by whom the crime of genocide was perpetrated, member nations are obligated to “either prosecute
people accused of genocide in their national courts or refer them to an international criminal tribunal with
competent authority.” In summary, the universal jurisdiction includes a duty of either prosecuting or extraditing.

According to Universal Jurisdiction Annual Review 2021, there was 30 pending cases in 2020 dealing with
around 144 individuals from around globe that claimed universal jurisdiction on a variety of reasons, 18 of
which were for genocide.25

Argentina joined “The Genocide Convention” on 1956, so it has an obligation to abide by the convention's
requirements. The purported genocide did not occur on Argentinian soil, and it was not committed by
Argentinians. Still, Argentina had a legal obligation to enforce its universal jurisdiction.

The pursuit of international justice took another attempt when a court in Buenos Aires accepted a plea on May
29, 2020, to investigate Myanmar's leader Aung Sang Suu Kyi and other main officials in the genocide against
the Rohingya population. The court denied the petition on July 12, 2021, citing an ongoing investigation by the
International Criminal Court. The BROUK filed an appeal against this.26

On August 17, 2021, Females from Bangladesh's Cox Bazar Rohingya refugee camp spoke online before
Argentina's Federal Criminal Appeals Court. They testified about Myanmar's military authorities' atrocities in
Rakhine state, including violent killings, sexual abuse against women, and the torching of their homes.

24
Desk I.T.W. (2019, November 14). Rohingyas turn to Argentinian justice system over genocide. Outlook India.
https://www.outlookindia.com/newsscroll/rohingyas-turn-to-argentinian-justice-system-over-genocide/1662063.
25
Desk I.T.W. (2021) Universal Jurisdiction Annual Review 2021. Trial International.
https://www.ecchr.eu/fileadmin/Publikationen/Trial_International_UJAR_DIGITAL.pdf.
26
Kamruzzaman, M. (2021, November 28). Argentine court to hear Rohingya genocide case. Anadolu Ajansı.
https://www.aa.com.tr/en/asia-pacific/argentine-court-to-hear-rohingya-genocide-case-advocacy-group/2432955.
12
Six organizations in Cox Bazar filed an amicus curiae brief in the appeal on August 23. The amici comprised
women, men, and hijra (transgender) victims of sexual violence, which is noteworthy. Although the appeal is
still underway, a ruling is likely soon.

The judgement will have a substantial impact on the scope of universal jurisdiction in the context of the ICC. In
many respects, this judicial action is remarkable, especially because it brought the voices of Rohingya victims
and their quest for international obligation for justice to an Argentinian court using technological innovations.

 Alternative measures for International Justice

In a parallel move, The Gambia, an African country initiated a suit with the International Court of Justice
against Myanmar's government, saying that they have failed to comply and fulfil their international legal duties
under “The Genocide Convention”. The International Court of Justice (ICJ) only has jurisdiction over
intergovernmental disputes involving UN treaties and other binding legal texts. Myanmar has been a signatory
to “The Genocide Convention” since 1956, and Gambia joined the convention in 1978.

Despite significant evidence gathered by “The UN Independent International Fact-Finding Mission”,

Myanmar's commission denied all charges of rape and gang rape by security officers. 27The January 2020 study
by Myanmar commission, which was prepared by a government-appointed group that lacked independence, has
been highly criticized.

The Gambia, on the other hand, described the Rohingya's persecution, oppression, and discriminatory laws, as
well as the genocidal actions committed against them, including violent executions, rape, torture and burning.
The Gambian minister of justice's opening statement to the International Court of Justice (ICJ) asked the court
to order Myanmar to stop "senseless killings," "acts of barbarity and brutality that have shocked and continue to
shock our collective conscience," and "to stop [the] genocide of its own people."

All 17 judges of the International Court of Justice unanimously imposed "provisional measures" on January 23,
2020, instructing Myanmar to make sure there is no additional human rights breaches towards the Rohingya
community and to avoid the destruction of evidence relating to the case. The Court also cited the 2018 UN
report stating "reasonable grounds to conclude that serious crimes under international law have been committed
that warrant criminal investigation and prosecution," including genocide, against Myanmar's Rohingya people.28

The interim reliefs granted by the ICC, even though it was bare minimum was still a sign of relief for the
international community aspiring to ensure global justice. But it was critical to ensure that the Myanmar
government follows the directions given by the court which actually reveals how much power the global
community has in implementing global justice.
13
  Involvement of the International Criminal Court

Parallel to this measures, Fatou Bensouda, the then-ICC prosecutor, obtained permission from ICC to begin an
inquiry into the Myanmar issue and presented evidence gathered during a preliminary examination.
Thousands of alleged victims petitioned the pre-trial chamber for an inquiry by the ICC, believing that only
global justice and accountability by the international community could end and prevent the cycle of violence
and abuse.

The prosecutor was given permission to do so by the pre-trial chamber on November 14, 2019. The Court found
that there was a reasonable basis to assume the Rohingya people had been subjected to crimes against humanity.
Deportation (across the Myanmar-Bangladesh border), torture based on race and religion, and horrific forms of
sexual and gender-based abuse were included in the list of ICC crimes. Considering the magnitude of forceful
displacement of the Rohingya people which was over 7 lakhs, the ICC was justified in opening an investigation.

Myanmar was not a member of the ICC, while Bangladesh, was a member of the treaty. In normal
circumstances, the International Criminal Court wouldn’t have jurisdiction over crimes perpetrated by Myanmar
citizens against Rohingyas in Myanmar. Still, the ICC authorized Chamber has authorized the prosecutor to
begin an inquiry into the Myanmar issue if at least some of the criminal activity occurred in Bangladesh or any
other ICC member state, or any other state willing to accept the ICC's jurisdiction.

Temporarily, the ICC's jurisdiction in Bangladesh extends to crimes committed after 2010, the date when
Bangladesh's ICC treaty entered into force, and extends to current and future crimes.

The investigation into the issue is now underway. Meanwhile, under the guidance of several international legal
experts, Myanmar's “National Unity Government (NUG) “– a shadow government made up of overthrown
legislators from various minority ethnic groups – is considering granting the ICC jurisdiction in Myanmar.

A study published in August 2021 by Fortify Rights explained how the NUG may use the ICC to end impunity
and bring justice and accountability to Myanmar. In future, legal developments in this area will be interesting to
watch because it will exhibit the local community and organizations working hand in hand with the
international community to ensure justice to people.29

28
Desk I.T.W. (2020, January 23). Un top court orders Myanmar to prevent Rohingya genocide. The Hindu.
https://www.thehindu.com/news/international/un-top-court-orders-myanmar-to-prevent-rohingya-genocide/article30633937.ece.
29
Desk I.T.W. (2021, August 19). Myanmar: Engage the International Criminal Court to hold military perpetrators of mass atrocity /

14
IV. SUGGESTIONS

 The way forward for attaining global justice to Rohingyas

The ICJ’s Order on interim measures in the case of “The Gambia v Myanmar”, is historically significant and
an important step in international law. It recognized and emphasized the need for safeguards for ethnic
Rohingya in Myanmar, as well as the hundreds of thousands of Rohingya refugees seeking sanctuary in
Bangladesh.
While various nations, innumerable jurists and campaigners, and, of course, the Rohingya community have
openly praised the preliminary ICJ judgement, it will not end the Rohingya refugee crisis.

Indeed, international justice measures before the International Court of Justice (ICJ) and the International
Criminal Court (ICC) help by putting Myanmar's military leadership on notice that they would be held
accountable for any possible crimes or failure to defend the human rights of the Rohingya. The Myanmar
government will be fully aware of the consequences they have to face if whole of the international community
stands up against them.

Given the new power coalitions in Myanmar stay intact, Chances of Rohingya's demands for citizenship,
compensation, human rights, and physical protection from Myanmar authorities getting approved are very
remote. While many Rohingya have expressed a wish to return "home," it is inhuman to expect the Rohingyas
to return to a land where they are demonized, disenfranchised, and, most crucially, unprotected, like Jews did
from Nazi Europe, like the Rwandans did in the Rwandan massacre, or Bosnians and other refugees from the
Former Yugoslavia. Delivering on the Rohingya's requests needs Myanmar's commitment, which, from the
Rohingya's perspective, may be necessary before any effort to return. However, such dedication is now absent
and may not be attained in future.

The UN's involvement in ensuring safe return is another factor to consider. The UN's ability to involve in a
repatriation plan in Myanmar with a credible monitoring role and strong advocacy for the Rohingya is
questionable at best, and doubtful given the existing and projected political situation.

37
Desk I.T.W. (2019, November 11). Gambia files Rohingya genocide case against Myanmar at UN Court. The Guardian.
15
https://www.theguardian.com/world/2019/nov/11/gambia-rohingya-genocide-myanmar-un-court.

16
Bangladesh and other nations hosting Rohingya refugees should provide access to public schools and
temporary work permits, as well as health care services such as psychological assistance, family planning, and
reproductive health. Bangladesh has already allowed some of this sort of help, with the assistance of UN and
other NGOs. But complete access to education is needed because over 70% of Rohingya are illiterate, therefore
Bangladesh's recent statement that Rohingya refugee children would be allowed to attend school is to be
welcomed. Hopefully, the Bangladesh government's initiative would inspire other Asian countries to follow
suit.

In addition to giving resources, it is important to recognize that refugees have talents and a desire to work
and improve themselves. It is hard to find jobs in the Bangladesh's informal economy, also they are exposed
to exploitation and abuse due to a lack of legal protection in Bangladesh. So allowing them to work legally in
regions where there is a labour shortage after registering them will be a huge step forward. Using the
International Labour Office to help skills training and job creation, similar like how the country Jordan
programmed for Syrian refugees, might also be considered.

Resettlement and other opportunities for moving overseas beyond Asia should be investigated. The suffering of
the Rohingya is well-known, and various Southeast Asian and Gulf states who has thriving economies that is
powerful enough to give employment possibilities should come forward. A well-managed program of relocating
Rohingya refugees from Bangladesh to neighboring nations would be a good example of global responsibility-
sharing.

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 V. CONCLUSION

Globalization has two sides. People, products, and capital flows easily from one country to other, but at the
same time people who are the most vulnerable members of society, will not receive the perks of globalization
and global justice like others. Especially people like refugees and asylum seekers.

In what might be regarded a textbook instance intended under the 'Responsibility to Protect' regime, The events
of August 2017 that led to the enormous migration of Rohingya refugees to Bangladesh did not trigger
immediate action by the UN Security Council because of only one reason which is "Lack of collective political
will to ensure global justice”. Permanent members of the Security Council China and Russia, have refused to
support any action by the Council against Myanmar which made it hard for the UN to interfere in the matter and
ensure global justice. But still, that is not an excuse for the lack of action by the international community. The
Council should have a clear obligation ensure global justice and to act when credible allegations of genocide or
crimes against humanity are brought before it.

Of course, the international world cannot ignore the Rohingya people's grave human rights atrocities. Some
accountability and justice measures for the Rohingya are critical and should stay on the international
community's agenda. The ICC inquiry and ICJ procedures are crucial moves forward, but resolving these
problems and ensuring global justice will take several years, especially in a world which is not yet fully
globalized. What has to be done is that, beyond individual criminal and governmental culpability, the world
society should assume responsibility for all individuals, regardless of country.

VI. SCOPE OF FUTURE STUDY

The immediate focus is on continuing to provide humanitarian aid to Bangladesh and the Rohingya refugees. It is
critical to ensure that refugees are represented in major decisions that affect them, particularly when it comes to
repatriation. If the Rohingya are not engaged and included, negotiating on behalf of them will be limited or
impossible. With solid international partnership, smart planning, imaginative diplomacy and lobbying, and a little of
political luck, the humanitarian aspect of the current situation could to be properly managed. Luck, on the other
hand, is insufficient and will not lead to the answers that the Rohingyas need and that Bangladesh and the
international community rightfully demand.
A globalized world should be a world with a more equal sharing of the burden and responsibility for hosting and
supporting the world’s refugees. In order to ensure global justice, we need strong and practical international laws to
assist distinguish between economic migrants and those who require international protection. A refugee being

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returned to persecution, jail, torture, or death under an authoritarian rule is the last thing we want to see in a
globalizing world. Even one such instance would be excessive. So, if governments are going to be tighter about
policing their nations' borders, we need to make sure it's done effectively in a more humane manner Globalization
without proper commitment to global justice is futile and infact, globalization and global justice should go hand in
hand.
Future research on the Rohingya refugee crisis within the context of global justice has a wide range of potential
areas of inquiry, and it calls for multidisciplinary approaches, collaboration between researchers, policymakers, and
humanitarian actors, as well as a dedication to addressing the urgent humanitarian and justice issues faced by
Rohingya refugees.

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