AMSTERDAM (Reuters) - The prosecutor of the International Criminal Court (ICC) has asked it to rule on whether it had jurisdiction over the deportations of Rohingya people from Myanmar to Bangladesh, a possible war crime, according to a filing published on Monday.

Prosecutor Fatou Bensouda said in the filing that doubt over jurisidiction arises because Bangladesh is a member of the court but Myanmar is not.

Bensouda argued that, given the cross-border nature of the crime of deportation, a ruling in favor of ICC jurisdiction would be in line with established principles of criminal law. </s> AMSTERDAM, April 9 (Reuters) - The prosecutor of the International Criminal Court (ICC) has asked it to rule on whether it had jurisdiction over the deportations of Rohingya people from Myanmar to Bangladesh, a possible war crime, according to a filing published on Monday.

Prosecutor Fatou Bensouda said in the filing that doubt over jurisidiction arises because Bangladesh is a member of the court but Myanmar is not.

Bensouda argued that, given the cross-border nature of the crime of deportation, a ruling in favour of ICC jurisdiction would be in line with established principles of criminal law. (Reporting by Toby Sterling; editing by Andrew Roche) </s> Seven Myanmar soldiers were sentenced on Tuesday to 10 years hard labor at a "prison in a remote area" after being found guilty of the extrajudicial killings of 10 Rohingya Muslim men.

According to a statement by a Myanmar military chief, the seven soldiers, among them four officers, were sentenced under section 71 of the country's military act as the Rohingya victims "were not arrested and punished according to procedures."

Myanmar's government admitted in January that troops, along with Buddhist villagers in Rakhine State, killed 10 Rohingya Muslim men in the village of Inn Dinn back in September.

The incident came as part of the Myanmar military's brutal crackdown against the country's Muslim minority, which sent almost 700,000 Rohingya people fleeing across the border into neighboring Bangladesh.

Rights groups, however, maintain that the 10 deaths are just the tip of the iceberg of alleged murders, rapes and arson attacks carried out by Myanmar security forces. The UN has labelled the crackdown on the Rohingya as "ethnic cleansing." However, the Inn Dinn incident is the only atrocity the military has admitted so far.

Read more: UN: Rohingya subjected to forced starvation by Myanmar authorities

Despite the Myanmar military's admission over the bloody Inn Dinn incident, two Myanmar Reuters journalists, Wa Lone and Kyaw Soe Oo, remain in custody for possessing confidential documentation related to the massacre.

The report is believed to describe how troops and Buddhist villagers killed the 10 Rohingya men before dumping their bodies in a mass grave. It also included photos of the victims, hands bounds and kneeling on the floor before being executed, as well as of their bodies afterwards.

The arrest of the journalists has provoked a global outcry. The sentencing of the soldiers, however, could see the court rule on their defense lawyer's request to throw out the prosecution's case as early as Wednesday.

The chief prosecutor for the International Criminal Court (ICC) in the Hague late on Monday asked judges whether she could launch a probe into the mass deportations of Rohingya people from Myanmar into Bangladesh.

ICC chief prosecutor Fatou Bensouda contended that "consistent and credible reports ... indicate that since August 2017 more than 670,000 Rohingya, lawfully present in Myanmar, have been intentionally deported across the international border into Bangladesh."

Opening a preliminary enquiry into the plight of the Rohingya communities could prove a complicated task for the ICC, however, since Myanmar is not a member of the international court and is unlikely to co-operate.

Bangladesh, however, is a member of the court, and, given the cross-border nature of the issue, Bensouda argued that a ruling in favor off ICC jurisdiction would be in line with its legal principles.

"This is not an abstract question but a concrete one, affecting whether the Court may exercise jurisdiction ... to investigate and, if necessary, prosecute," she said in her filing.

Each evening at 1830 UTC, DW's editors send out a selection of the day's hard news and quality feature journalism. You can sign up to receive it directly here. </s> AMSTERDAM – The prosecutor of the International Criminal Court on Sunday called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.

Following the deaths of 29 Palestinians in protest clashes with Israeli forces in the past two weeks, Fatou Bensouda said in a statement “any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office’s scrutiny”.

The ICC prosecutor opened a preliminary investigation into alleged crimes committed in occupied Palestinian territory, including East Jerusalem, in January 2015, after Palestine was officially admitted as a member of the court.

Israel is not a member of the court but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC’s jurisdiction.

“Violence against civilians - in a situation such as the one prevailing in Gaza – could constitute crimes ... as could the use of civilian presence for the purpose of shielding military activities,” Bensouda said.

Bensouda said she would record “any instance of incitement or resort to unlawful force” by either side in the conflict.

A preliminary examination is the earliest phase of a case at the ICC. In it, the prosecutor gathers information and studies whether crimes may have been committed that reach the level of gravity required to open a formal investigation, and whether the court would have jurisdiction.

The ICC only has jurisdiction in cases where a country’s government is itself unable or unwilling to prosecute war crimes or crimes against humanity. </s> AMSTERDAM (Reuters) - The prosecutor of the International Criminal Court on Sunday called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.

Following the deaths of 29 Palestinians in protest clashes with Israeli forces in the past two weeks, Fatou Bensouda said in a statement “any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office’s scrutiny”.

The ICC prosecutor opened a preliminary investigation into alleged crimes committed in occupied Palestinian territory, including East Jerusalem, in January 2015, after Palestine was officially admitted as a member of the court.

Israel is not a member of the court but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC’s jurisdiction.

“Violence against civilians - in a situation such as the one prevailing in Gaza – could constitute crimes ... as could the use of civilian presence for the purpose of shielding military activities,” Bensouda said.

Bensouda said she would record “any instance of incitement or resort to unlawful force” by either side in the conflict.

A preliminary examination is the earliest phase of a case at the ICC. In it, the prosecutor gathers information and studies whether crimes may have been committed that reach the level of gravity required to open a formal investigation, and whether the court would have jurisdiction.

The ICC only has jurisdiction in cases where a country’s government is itself unable or unwilling to prosecute war crimes or crimes against humanity. </s> AMSTERDAM (Reuters) - The prosecutor of the International Criminal Court on Sunday called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.

Following the deaths of 29 Palestinians in protest clashes with Israeli forces in the past two weeks, Fatou Bensouda said in a statement "any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office's scrutiny".

 The ICC prosecutor opened a preliminary investigation into alleged crimes committed in occupied Palestinian territory, including East Jerusalem, in January 2015, after Palestine was officially admitted as a member of the court.

 Israel is not a member of the court but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC's jurisdiction.

 "Violence against civilians - in a situation such as the one prevailing in Gaza – could constitute crimes ... as could the use of civilian presence for the purpose of shielding military activities," Bensouda said.

 Bensouda said she would record "any instance of incitement or resort to unlawful force" by either side in the conflict.

 A preliminary examination is the earliest phase of a case at the ICC. In it, the prosecutor gathers information and studies whether crimes may have been committed that reach the level of gravity required to open a formal investigation, and whether the court would have jurisdiction.

 The ICC only has jurisdiction in cases where a country's government is itself unable or unwilling to prosecute war crimes or crimes against humanity.

 

 (Reporting by Toby Sterling; Editing by Andrew Roche) </s> A Myanmar police chief ordered officers to set up a Reuters reporter by handing over sensitive documents to him in a sting operation that also ensnared his colleague, a police official told a court Friday.

Reporters Wa Lone, 32 and Kyaw Soe Oo, 28 were detained in December after meeting police for dinner in Yangon and accused of violating the country’s Official Secrets Act for possessing material relating to operations in conflict-hit Rakhine state.

They were arrested while investigating a September 2 massacre of Rohingya Muslims in Rakhine, but their report was published while they were behind bars.

Myanmar has been accused of waging an ethnic cleansing campaign against the Rohingya after some 700,000 fled to Bangladesh following a brutal military crackdown on insurgents in August.

The military has denied allegations that the armed forces committed widespread atrocities.

But it has admitted soldiers took part in a massacre of Rohingyas last September in Inn Din village, a murder spree that the Reuters reporters helped uncover. Seven soldiers were recently sentenced to 10-year prison terms for the killings.

Nonetheless the prosecution of the reporters has continued.

For months now a Yangon court has been hearing testimony to decide whether the Reuters journalists will go to trial even as global criticism of the case has rained down on Myanmar and prominent rights attorney Amal Clooney joined the legal team.

Deputy police major Moe Yan Naing said in his appearance Friday that he had been questioned about meeting Wa Lone in November and that his superior then set up a sting in which he told others to pass on sensitive security documents.

“Police Brigadier Tin Ko Ko asked Htauk Kyant (township) police members to arrest Wa Lone after Lance Corporal Naing Lin handed the documents to Wa Lone when they left,” he said, describing orders to “get” the reporter.

Kyaw Soe Oo accompanied Wa Lone to the restaurant meeting and was also arrested.

Yangon police officials could not be reached for comment.

Myanmar government spokesman Zaw Htay said in response to questions about the testimony that the case is ongoing and a judge will decide.

Moe Yan Naing said he was angry that his name had been mentioned in the aftermath of the sting as someone who was under scrutiny.

He is facing charges of breaching police regulations and was brought to the hearing from detention.

The prosecution argued that he should be declared a hostile witness as his testimony differed from what he had told police investigators, but the Reuters defence team praised his remarks as genuine.

“He answered all this by taking risk for himself,” lawyer Khin Maung Zaw said.

A judge will hear arguments about the motion next week.

In brief comments to AFP as he arrived at the court in the morning, Moe Yan Naing said he was “going to tell the whole truth” in his appearance.

Reuters president and editor-in-chief Stephen J. Adler said in a statement that the court had finally heard the truth and called for the journalists’ immediate release.

“One of the prosecution’s own witnesses admitted that the police received orders to plant evidence and arrest Wa Lone and Kyaw Soe Oo on false charges,” he said.

“This case cannot be squared with fairness or justice, and it’s time to bring it to an end.”

Myanmar lifted many restrictions on the press as it emerged from five decades of military rule in 2011.

But critics have accused Aung San Suu Kyi’s new government of backsliding on previous reforms and failing to protect free expression. </s> Following a United Nations Human Rights Council fact-finding mission on Myanmar, a damning U.N. report published Monday concludes that the nation's military leaders, including its top commander, should be further investigated and prosecuted for genocide, crimes against humanity, and war crimes committed against Rohingya Muslims in the wake of a violent crackdown last August that forced more than half a million refugees to flee to neighboring Bangladesh.

"The international community, through the United Nations, should use all diplomatic, humanitarian, and other peaceful means to assist Myanmar in meeting its responsibility to protect its people from genocide, crimes against humanity, and war crimes."

—U.N. report"The gross human rights violations and abuses committed in Kachin, Rakhine, and Shan states," which "stem from deep fractures in society and structural problems that have been apparent and unaddressed for decades," the report asserts, "undoubtedly amount to the gravest crimes under international law."

The report (pdf) comes from a yearlong investigation conducted by a three-member panel, which relied on 875 in-depth interviews with victims and eyewitnesses, satellite images, and verified documents, photographs, and videos. It documents crimes including murder, enforced disappearance, enslavement, imprisonment, torture, rape, and sexual slavery.

While the report determines that six leaders of the Myanmar military, or Tatmadaw—most notably Commander-in-Chief Senior-General Min Aung Hlaing—bear the greatest responsibility for such crimes, it also charges that State Counsellor Daw Aung San Suu Kyi, a Nobel Peace Prize laureate, "has not used her de facto position as head of government, nor her moral authority, to stem or prevent the unfolding events in Rakhine State."

Among the report's key recommendations, it declares, "The international community, through the United Nations, should use all diplomatic, humanitarian, and other peaceful means to assist Myanmar in meeting its responsibility to protect its people from genocide, crimes against humanity, and war crimes."

It also urges the U.N. Security Council to "ensure accountability for crimes under international law committed in Myanmar, preferably by referring the situation to the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal," as well as to "adopt targeted individual sanctions, including travel bans and asset freezes, against those who appear most responsible for serious crimes under international law" and to "impose an arms embargo on Myanmar."

Human rights advocates responded to the findings, which bolster previous reports from U.N. officials and international news agencies, with immediate calls for actions.

"The international community has the responsibility to act to ensure justice and accountability. Failing to do so sends a dangerous message that Myanmar's military will not only enjoy impunity but is free to commit such atrocities again."

—Tirana Hassan, Amnesty International

Brad Adams, Asia director at Human Rights Watch, said that the "powerful report and clear recommendations demonstrate the obvious need for concrete steps to advance criminal justice for atrocious crimes, instead of more hollow condemnations and expressions of concern," especially considering that "so far, condemnations without action by U.N. member states have only emboldened a culture of violence and oppression in Myanmar."

Tirana Hassan, director of crisis response at Amnesty International, said the report makes "clear that the Myanmar authorities are incapable of bringing to justice those responsible," which means that "the international community has the responsibility to act to ensure justice and accountability. Failing to do so sends a dangerous message that Myanmar's military will not only enjoy impunity but is free to commit such atrocities again."

The report will "have a big impact internationally, coming from the main U.N.-mandated body investigating the violence against the Rohingya, and also covering armed conflict in Shan, and Kachin states," Richard Horsey, a former U.N. diplomat in Myanmar and longtime Yangon-based analyst, told the Washington Post. "Its specific finding that there is sufficient grounds for investigation and prosecution of military commanders for genocide is likely to have particularly serious diplomatic, not only legal, consequences."

After the report's release, Facebook—according to a company blog post—removed "18 Facebook accounts, one Instagram account, and 52 Facebook Pages, followed by almost 12 million people," specifically banning 20 individuals and organizations, including the commander-in-chief and the military's Myawady television network, "to prevent the spread of hate and misinformation." Reuters noted that the "action means an essential blackout of the military's main channel of public communication." </s> YANGON (AFP) - A Myanmar police chief ordered officers to set up a Reuters reporter by handing over sensitive documents to him in a sting operation that also ensnared his colleague, a police official told a court on Friday (April 20).

Reporters Wa Lone, 32 and Kyaw Soe Oo, 28 were detained in December 2017 after meeting police for dinner in Yangon. They were accused of violating the country's Official Secrets Act for possessing material relating to operations in conflict-hit Rakhine state.

They were arrested while investigating a Sept 2 massacre of Rohingya Muslims in Rakhine, but their report was published while they were behind bars.

Myanmar has been accused of waging an ethnic cleansing campaign against the Rohingya after some 700,000 fled to Bangladesh following a brutal military crackdown on insurgents in August.

The military has denied allegations that the armed forces committed atrocities with the exception of the September massacre in Inn Din village for which seven soldiers were sentenced to 10-year prison terms.

For months now, a Yangon court has been hearing testimony to decide whether the Reuters journalists will go to trial even as global criticism of the case has rained down on Myanmar and prominent rights attorney Amal Clooney joined the legal team.

Deputy police major Moe Yan Naing said in his appearance on Friday that he had been questioned about meeting Wa Lone in November and that his superior then set up a sting in which he told others to pass on sensitive security documents.

"Police Brigadier Tin Ko Ko asked Htauk Kyant (township) police members to arrest Wa Lone after Lance Corporal Naing Lin handed the documents to Wa Lone when they left," he said, describing orders to "get" the reporter.

Kyaw Soe Oo accompanied Wa Lone to the restaurant meeting and was also arrested.

Yangon police officials could not be reached for comment.

Myanmar government spokesman Zaw Htay said in response to questions about the testimony that the case is ongoing and a judge will decide.

Moe Yan Naing said he was angry that his name had been mentioned in the aftermath of the sting as someone who was under scrutiny. He is facing charges of breaching police regulations and was brought to the hearing from detention.

The prosecution argued that he should be declared a hostile witness as his testimony differed from what he had told police investigators, but the Reuters defence team praised his remarks as genuine.

"He answered all this by taking risk for himself," lawyer Khin Maung Zaw said.

A judge will hear arguments about the motion next week.

In brief comments to AFP as he arrived at the court in the morning, Moe Yan Naing said he was "going to tell the whole truth" in his appearance.

Myanmar lifted many restrictions on the press as it emerged from five decades of military rule in 2011 but critics have accused Aung San Suu Kyi's new government of backsliding on previous reforms and failing to protect free expression.
A prosecutor asks the International Criminal Court to decide if it has jurisdiction over Rohingya deportations from Myanmar to Bangladesh, saying they may constitute a crime against humanity.