The Rohingya Genocide: A Legal Analysis

StartFragment In the past few years the world has become more aware of Myanmar’s Rohingya people and their plight. A persecuted Muslim minority group, the Rohingya suffer intolerable discrimination and violence at the hands of the Buddhist Rakhines, and even the Burmese government itself. Indeed, the violence has reached such heights that scholars around the world are forced to ask whether this wanton violence is in fact genocide. According to the international legal definition of the term as defined by the Genocide Convention, the victimized group and the perpetrators must meet a number of conditions for the violence occurring to be classified as genocide. The first question analysts must ask is whether the Rohingya are a protected group under the Genocide Convention. To be protected by the Convention, individuals must be part of “a national, ethnical, religious or racial group”. These definitions often overlap with each other, but considering that the Rohingya are Muslims whose presence in the region is traced back to the 9th century by historians, they already meet a number of the requirements. The Burmese government, however, disputes that the Rohingya are a national group and instead claims that they are “Bengali immigrants”. But by calling these people “Bengali immigrants” and making discriminatory policies against them, the Burmese government automatically made the Rohingya a distinct group, which is enough to protect it under genocide law. Secondly, analysts must determine whether any genocidal acts have been committed. The first of these acts is “killing members of the group”. The Burmese state claims that Rohingya deaths have occurred during communal violence, but reports by observer agencies verify that state security forces often participated in the violence or stood by, allowing it to happen. Furthermore, failure of the state to investigate and punish this extra judicial violence constitutes a crime of omission, which is also punishable under genocide law. The second act is “causing serious bodily or mental harm.” Non-fatal acts such as rape, torture, and deportation fall under this category, all of which have been committed by state forces like the Myanmar Army and the Myanmar Police force. The third act is “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.” The expulsion of Rohingya from their homes, and their forced detainment in IDP camps without adequate food, medical care or sanitation falls under this category. The fourth act included in the Genocide Convention is “imposing measures intended to prevent births within the group.” This has also been committed by the Myanmar government when it placed restrictions on Rohingya marriages and family size. Couples need official government permission to marry, which often involves paying hefty bribes. Meanwhile, another law orders that Rohingya families can have only two children. The final condition required is the presence of the intent to eliminate the group. International tribunals have concluded that this can be inferred from the circumstances surrounding the violence. Burmese officials have issued a number of anti-Rohingya statements that perpetuate hatred, which combined with their participation in acts of violence and negligence in punishing perpetrators indicates the presence of intent. This leads analysts to conclude that the Rohingya are indeed being subjected to genocide.EndFragment