Identification of Elements of the Crime against Humanity of Deportation into the Situation in Bangladesh/Myanmar


Ph.D of International Law of Allameh Tabataba'i University, Tehran, Iran



The Pre-Trial Chamber of the International Criminal Court issues the decision on the authorization of an investigation into the situation in Bangladesh/Myanmar. In this decision, the Pre-Trial Chamber makes considerable findings regarding the elements of the crime against humanity of deportation. The Chamber states that an element of the crime of deportation is forced displacement across international borders, which means that the conduct related to this crime necessarily takes place in the territories of at least two States and the drafters of the Statutes and the Rules did not limit the crime of deportation from one State Party to another State Party. Also, if at least one legal element of a crime within the jurisdiction of the Court or part of such a crime is committed on the territory of a State Party, the Court has jurisdiction. Thus, acts of deportation initiated in a State not-Party to the Statute (through expulsion or other coercive acts) and completed in a State Party to the Statute (by virtue of victims crossing the border to a State) fall within the parameters of Article 12(2)(a) of the Statute. Further, the Chamber is of the view that deportation is an open-conduct crime, meaning that a perpetrator may commit several different conducts which can amount to expulsion or other coercive acts. Therefore, the various types of conduct may, if established to the relevant threshold, qualify as 'expulsion or other coercive acts' for the crime of deportation, including deprivation of fundamental rights, killing, sexual violence, torture, enforced disappearance, destruction, and looting. In fact, in addition to the use of physical or mental force, other pressures, including the threat of the use of force, can be accepted for committing the crime of deportation, even if individuals are forced to voluntarily leave their homes.