The Rohingya jurisdiction decision: a step forward for stopping forced deportations

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Disclosure statement

No potential conflict of interest was reported by the authors.

Notes on contributors

Victoria Colvin is a lecturer at the School of Law, University of Wollongong. She completed her doctorate at the TC Beirne School of Law, University of Queensland, in 2017. From 2001–2009, she was a prosecutor with the Criminal Justice Branch of the Attorney General of British Columbia, Canada. She is the co-editor, with Philip Stenning, of The Evolving Role of the Public Prosecutor: Challenges and Innovations (Routledge, 2018).

Phil Orchard is an Associate Professor of International Relations at the University of Wollongong and a Senior Research Fellow at the Asia-Pacific Centre for the Responsibility to Protect. He is the author of A Right to Flee: Refugees, States, and the Construction of International Cooperation (Cambridge University Press, 2014), which won the 2016 International Studies Association Ethnicity, Nationalism, and Migration Studies Section Distinguished Book Award, and Protecting the Internally Displaced: Rhetoric and Reality (Routledge, 2018). He is also the co-editor, with Alexander Betts, of Implementation in World Politics: How Norms Change Practice (Oxford University Press, 2014).

ORCID

Phil Orchard http://orcid.org/0000-0003-4714-3204

Notes

1 Both specific and general deterrence have been argued as justifications for the ICTY and, more clearly, the International Criminal Court. See (Cronin-Furman 2013, 436–438; Jo and Simmons 2016, 469).

2 With respect to the situation in Kenya, in two prosecutions – including Ruto, Kosgey and Sang (ICC-01/09-01/11-373) and Muthaura, Kenyatta, and Ali (ICC-01/09-02/11-382) all defendants were charged with deportation or forcible transfer of population constituting a crime against humanity but all charges have been withdrawn. In the situation of Sudan, three prosecutions – including Al Bashir (ICC-02/05-01/09-1) and Harun and Abd-Al-Rahman (ICC-02/05-01/07) and Hussein (ICC-02/05-01/12) – have led to charges of forcible transfer constituting a crime against humanity; none of the defendants are under arrest.

Additional information

Funding

This work was supported by the Australian Research Council under Grant DP150102453.