Nina Tavakoli, Adam Wiseman QC, Daniel Robinson, Aimee Riese, Tim Godfrey and Laura Hoyano advised and assisted the Bangladeshi Non-Governmental Representatives, a group of leading Bangladeshi civil society organizations to file submissions before the ICC in this matter. Their submissions are referred to in the ground-breaking decision by the ICC.
The Court ruled that notwithstanding the fact that Myanmar is not a State Party to the Rome Statute the Court may nonetheless exercise its jurisdiction over the alleged deportation of the Rohingya to Myanmar. An element of deportation, crossing an international border (i.e. into Bangladesh), occurred on the territory of Bangladesh which is a State party to the Statute.
The ICC decision paves the way for the Prosecutor to seek authorisation to open an investigation into crimes allegedly committed against the Rohingya by the Myanmar security forces without the need for a UN Security Council referral.
This is the decision: [ HERE ]
Press article: [ HERE ]