On 18 June 2018, the ICJ submitted an Amicus Curiae (friend of the court) Brief to the International Criminal Court (ICC).
The ICJ submitted the Amicus pursuant to the Prosecution’s Request (ICC-RoC46(3)-01/18) for “a ruling on the Court’s jurisdiction under article 12(2)(a) — specifically, to verify that the Court has territorial jurisdiction when persons are deported from the territory of a State which is not a party to the Statute directly into the territory of a State which is a party to the Statute”.
The Prosecutor made the Request following the alleged deportation of hundreds of thousands of Rohingya people from Myanmar into Bangladesh.
In summary, the ICJ submitted that:
(1) The crossing of an international border is a fundamental constitutive element for the crime of deportation. This position is supported by customary international law, international human rights law and is reflected in the domestic laws of Bangladesh; and
(2) The Court has territorial jurisdiction over the crime of deportation. This position is supported by international principles of territoriality, which are also reflected in the domestic laws of Bangladesh.
The Amicus was filed in light of the ICJ’s global mandate to seek the progressive development of international law with a view to ending impunity and ensuring accountability for gross human rights violations.
The ICJ regularly intervenes in judicial proceedings in domestic, regional and international jurisdictions around the world in an amicus curiae or other third party capacity.
Kingsley Abbott, ICJ Senior Legal Adviser, t: +66 (0)94 470 1345 ; e: email@example.com
Myanmar-Amicus observations-Advocacy-legal submission-2018-ENG (full amicus brief, PDF)AdvocacyLegal submissions