The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar

The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC Statute and has invoked the principle that treaties do not bind third parties without their consent. The case put in this commentary is that while the Pre-Trial Chamber’s approach to the law was arguable as an interpretation of the ICC Statute, it was unwise as a matter of policy. The argument is threefold. First, the Pre-Trial Chamber’s ruling is as a matter of legal method only the first-move in a process of norm-creation and persuasion. Second, it does not follow that because territorial jurisdiction in international law includes ‘objective’ jurisdiction over transboundary acts completed on a State’s territory that such jurisdiction was delegated by member States to the ICC in all cases. Finally, it is argued that international criminal tribunals do not succeed when the cooperation of necessary territorial governments (here, Myanmar) is withheld. Proceeding in this case risks becoming a quagmire of the ICC’s own creation at a time when it can little afford further risks to its legitimacy.     

Military Anxiety and Genocide: Explaining Campaigns of Annihilation (and Their Absence)

When and why do states launch campaigns of genocide against minorities? In 2017, in a violent campaign increasingly described as genocide, the Myanmar military drove almost 700,000 Rohingya from Rakhine State into Bangladesh killing an estimated 6,700 in the first month and an unknown number overall. This assault is particularly puzzling given the international goodwill and economic benefits the regime was accruing since it opened its political system after decades of isolation. Scholars have identified a number of causes of genocide yet this literature requires development in two areas. First, few studies compare cases of genocide with situations of lower level political violence, meaning it is difficult to distinguish between societies that are simply violent from those which are genocidal. Second, despite the central role played by militaries in genocide, most studies have treated the institution as simply a tool of nationalists and other genocidal leaders rather than as actors with their own incentives and fears. In this study, I develop an explanation of genocide that places militaries at its centre. I contend that armed forces sometimes choose genocide during periods of rapid political change when they perceive a serious threat to their political and economic interests or self-appointed status as “guardian of the nation.” My study begins with a comparison between Rakhine State, Myanmar and a similarly volatile region that has avoided genocide, Assam in Northeast India. In a later stage of theory testing I examine another case of genocide, Indonesia in 1965/66.     

Gendered insecurity in the Rohingya crisis

The purpose of this piece is to analyse the data on pregnant women and new mothers in the Rohingya refugee population in Bangladesh to determine if it can be used as an indicator of increased conflict related sexual violence and ethnic cleansing. The reported data is problematised in the context of the notorious unreliability of data in emergencies. By comparing the available data with known birth rates among the Rohingya and the broad demographic patterns seen in the aftermath of the Rwandan genocide the piece shows there is cause for the concerns of increasing conflict related sexual violence and ethnic cleansing. When taken with qualitative data from international organisations responding to the humanitarian crisis and refugee testimony, the paper reliably concludes the quantitative data can tell a reliable story of conflict related sexual violence and ethnic cleansing in Rakhine State. The paper also highlights the need for improved sex- and age-disaggregated data collection in emergencies.     

Sedimentary logics and the Rohingya refugee camps in Bangladesh

This paper adopts a geosocial approach to sociopolitical research by thinking with sediment as a forceful mode of terraqueous mobility driven by interactions between dynamic earth systems inflected by social processes. It demonstrates that sediment is an active and vital state of matter, with the potential to erupt into and disrupt human politics. Unpacking sediment as a form of movement challenges assumptions of the earth as a stable platform on which socio-political processes play out. The paper develops its argument through analyses of the Rohingya refugee camps in southeast Bangladesh and a char (sediment) island in the Meghna Estuary to which Bangladesh proposes to relocate the refugees. In the first situation, the sedimentary logics of anticline geology, deforestation and monsoon rains push back against political agendas directed towards constraining refugee movement. In the second, fluvial and oceanic sedimentary dynamics and the post-Holocene volatility of the monsoon throw into doubt the engineering solution proposed by Bangladesh to the political problems the refugee presence poses. Through these examples, the paper adds to literature on how states of matter inflect, exceed, undercut or in other ways interfere with matters of state through their unique, dynamic environmental properties.     

Hybrid governmentality in practice: Territoriality and biopolitics in the Rohingya refugee camps in Bangladesh

This article discusses how the Rohingyas – a forcibly displaced community transformed the everyday lives and the territory of Cox's Bazar, Bangladesh. Since August 2017, Cox's Bazar, a borderland of Bangladesh is hosting more than a million of non-citizens within 32 camps in its two subdistricts. Based on mobile ethnographic research, I argue – a. borderlands are sites where politics of territory intersects politics of identity. The Rohingyas' statelessness and perpetuated marginalization are the outcome of this politics between identity and territory of the nation-states. b. The state prioritizes the security of its citizens from the refugees. Consequentially, the state enacts combined mechanisms of biopolitical and territorial practices that physically demarcate the refugee camps and socially segregate the refugees. I introduce this combination of mechanisms as hybrid governmentality. In Cox's Bazar, the key mechanisms of hybrid governmentality include - labelling refugees based on political rationale and providing them with identification cards, enacting street level surveillance to ensure confinement of the refugees, and maintaining everyday separation between refugees and the citizens.     

In the camp but not of the camp. The forced incorporation of Bangladeshi host communities in Rohingya refugee camps

This paper is an investigation of an arguably unique manifestation of camp geography: the forced incorporation, since 2017, of existing Bangladeshi communities within Rohingya refugee camps in Cox's Bazar. The repercussions of refugee policies that have shaped these camp spatialities have spurred socio-economic and environmental impacts for Bangladeshis not recognized as full residents of the camp and therefore not receiving humanitarian aid. We argue that this unique situation deserves scrutiny, since exploring impacts of camp spatialities in relation to local host communities is urgent as campscapes are expanding their effects globally, and particularly in the Global South. Here we analyze three Rohingya camps that have surrounded Bangladeshi households by privileging the view of host(ed) community members and reflecting on how they articulate and react to the consequences of these campscapes in their lives – especially when already confronted by social, economic, and environmental challenges. The article concludes by suggesting that these camps may be seen as powerful spatial political technologies producing new forms of marginalization which have lasting impacts for the forcibly ‘incorporated’ Bangladeshi communities whose presence seems to have been omitted from the statistics, policies, and operations of the organizations involved in camp management.     

The Rohingya Crisis and the Practices of Erasure

The essay utilized two concepts, lawfare and spacio-cide, to place different facets of “belonging” into conversation with one another. The concepts highlight how the progressive erasure of citizenship shapes the progressive erasure of home and vice-versa, with the result being the largest cross-border humanitarian crisis in Asia today. The first section of the essay situates the Rohingya crisis within the broader politico-military context. It illustrates the ways in which the patterns of violence are and are not consistent with the practices the state’s armed forces have used against different ethnic populations in other parts of the country. The second section traces how successive laws and policies transformed the Rohingya into the largest stateless population in the world. The final section summarizes the tactics used to segregate, dispossess, and, ultimately, drive Rohingya from the countryside. The practices of erasure, the essay concludes, are the most recent iteration of an ongoing cycle of persecution that began forty years ago and will likely continue in the future.