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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    45
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Author(s): 

Akhtar Zia

Issue Info: 
  • Year: 

    2023
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    17-37
Measures: 
  • Citations: 

    0
  • Views: 

    5
  • Downloads: 

    0
Abstract: 

Rohingya Muslims have suffered persecution and genocide in the Republic of Myanmar (formerly Burma) and have been expelled from the country by the military junta who are in power. The evidence is incontrovertible of grave human rights abuses and that the refugees have lived in diaspora with no prospect of returning home. The UN human rights investigators have compiled reports that testify to the inhumanities that they have suffered prior to their expulsion. Despite this, there has been no efforts towards redressing this problem which falls within the remit of international human rights and humanitarian law. The actions of the Myanmar authorities in using force can be considered as Non-International Armed Conflict (NIAC) and the UN intervention under the Responsibility to Protect (R2P) measure, could be activated. This can serve as a basis for arresting the responsible officials in Myanmar and prosecuting them under an international tribunal. This has not been possible because of the lack of consensus in the international community and the exercise of the veto power by some members of the Security Council. This article argues that there should be intervention in this conflict under the existing precedent by broadening the scope of intervention and then by prosecution in a specially constituted tribunal. The R2P mechanism can be activated by prescribing the genocide of the Rohingyas within the framework of an NIAC and by constituting a tribunal under the Tadic principle to try the members of the Myanmar’s regime for their breaches of IHL.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    15
  • Issue: 

    55
  • Pages: 

    127-147
Measures: 
  • Citations: 

    0
  • Views: 

    46
  • Downloads: 

    0
Abstract: 

Field and Aims: Although genocide was not an independent crime in the past and was subject to crimes against humanity, the severity and heinous nature of the acts, as well as the special malice that is unique to this crime, quickly recognized it as an independent crime in international documents. This crime has been committed against various groups throughout history, the most recent of which is the Rohingya Muslim. Therefore, while examining the concept and nature of this crime, we study what are the legal dimensions of the genocide of Rohingya Muslims? Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: Although genocide is prohibited and criminalized in international instruments, including the Treaty on the Elimination of All Forms of Discrimination against Women and the Rome Statute, it is one of the crimes that is now a customary international law that obliges all non-member states to commit such acts. Numerous crimes have been committed against Rohingya Muslims so far, and the government has played an important role in committing and intensifying these crimes, in accordance with the examples of genocide in international instruments such as murder, grievous bodily harm, and deliberate deprivation of life. And measures to prevent childbirth, genocide are being committed in Myanmar.

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Writer: 

Roustaei Alireza

Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
Measures: 
  • Views: 

    255
  • Downloads: 

    150
Abstract: 

ALTHOUGH ACCORDING TO DOMESTIC LAW, CITIZENSHIP IS A PREREQUISITE FOR THE ENJOYMENT OF RIGHTS BUT IN THE INTERNATIONAL LAW, THE PRINCIPLES OF HUMAN RIGHTS WOULD MAINTAIN THAT BEING HUMAN IS THE SUFFICIENT TO HAVE HUMAN RIGHTS. BECAUSE BEING HUMAN IS THE SOLE REQUIREMENT ENTITLING ONE TO HUMAN RIGHTS, WHETHER OR NOT ONE POSSESS A NATIONALITY SHOULD HAVE NO BEARING ON WHETHER ONE ENJOYS ALL OF HER OR HIS HUMAN RIGHTS. HOWEVER, IN PRACTICE, STATELESSNESS ARE RESULTED TO HUMAN RIGHTS VIOLATIONS AGAINST PERSONS WITHOUT NATIONALITY. IN THIS ARTICLE WE WILL SAY THAT THE MOST SIGNIFICANT GROUP AFFECTED BY THIS ISSUE ARE A MUSLIM MINORITY IN MYANMAR KNOWN AS THE ROHINGYA WHO ARE NOT RECOGNIZED AS ONE OF THE COUNTRY’S “NATIONAL RACES” UNDER THE 1982 CITIZENSHIP ACT. STATELESS ROHINGYA IN RAKHINE STATE HAVE FACED GRAVE HUMAN RIGHTS ABUSES FOR SEVERAL DECADES, INCLUDING RESTRICTIONS ON FREE MOVEMENT, LAND CONFISCATION, EXACTION OF FORCED LABOR AND ETC. INDEED, THIS REFLECTS STATELESSNESS IMPACT IN INCREASING HUMAN RIGHTS VIOLATIONS.

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Author(s): 

Fakhr Hossein | Sadeghi Salar

Issue Info: 
  • Year: 

    2021
  • Volume: 

    26
  • Issue: 

    93
  • Pages: 

    46-70
Measures: 
  • Citations: 

    0
  • Views: 

    146
  • Downloads: 

    0
Abstract: 

Myanmar located in Southeast Asia has been engaged in ethnic and religious conflicts since 1948 and it’, s Muslim minority have been discriminated and oppressed by the majority Buddhists. Events and violence in Rakhine state in 2012 led to mass killings, rape and displacement of hundreds of Muslims in this country. In September 2017 Buddhists killed at least 1000 Muslims such as women and kids that caused grave international responses. This event is among international crimes that have not been trialed in any court and have been legally remained silent. According to recorded facts and international laws, it seems the deliberate destruction of Muslims by Buddhists in Myanmar can be crime of genocide or crimes against humanity and If so, it will be arose competent court and the responsibility of the Government of Myanmar in this regard. This article examines the incident of Myanmar from the perspective of international criminal law. On this basis, examining the legal aspects and descriptions of these events indicates that multiple international crimes occurred in Myanmar and the international community should form an international tribunal for proceeding. to prevent of remaining these crimes unpunished.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    22
  • Issue: 

    12
  • Pages: 

    1231-1241
Measures: 
  • Citations: 

    0
  • Views: 

    249
  • Downloads: 

    0
Abstract: 

Background and Aims: The crisis of Rohingya Muslim refugees has become one of the challenging issues of the last decade. The organized massacre of Rohingya people in Myanmar has forced them to relocate to Bangladesh, creating the world's largest refugee camp. The purpose of this study is to assess the health status of these refugees. Methods: The present study was conducted using a systematic review method. The keywords Rohingya, Bangladesh, Myanmar, Bruma, and their combinations have been searched in international databases regardless of the time period. Finally, 42 papers were selected according to the inclusion and exclusion criteria. Results: An evaluation of papers related to the health status of Rohingya Muslims showed that these refuge facing different types of health problems at Cox’ s Bazar camp. Lack of basic health equipment and resources such as safe drinking water, high prevalence of infectious diseases, lack of food security, social constraints, mental issue, high rates of behavioral violence, as well as poor health conditions of pregnant women are some of the Rohingya Muslims health difficulties. Conclusion: The various health problems of Rohingya refugees in Bangladesh indicate the emergency need of accelerating humanitarian aid delivery to these people in order to prevent a humanitarian catastrophe.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    47
  • Issue: 

    4
  • Pages: 

    1087-1110
Measures: 
  • Citations: 

    0
  • Views: 

    993
  • Downloads: 

    0
Abstract: 

For decades, Myanmar Muslims that known as Rohingya in Rakhin state, are exposed to systematic violence by the state and state actors. The intensity of this violence occurred in June 2012 and drew the attention of the international community towards Myanmar. Processes of violence, discrimination, forced migration and legitimize them, whether before or after June 2012, under the genocide as a crime is survey able, because acts of violence resulting in the killing and displacement of Muslims, the intention of destroying this minority group makes to mind. In this article, we explain the wretched situation of Muslims in Myanmar, the elements of the crime of genocide against Muslims in Myanmar prove to be criminal under international law. Also, due to the need for urgent action by the international community, especially the Security Council, ways on how to prosecute and punish the perpetrators of the crime of genocide against Muslims in Myanmar are offered.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    11 (47)
  • Pages: 

    6173-6178
Measures: 
  • Citations: 

    1
  • Views: 

    242
  • Downloads: 

    117
Abstract: 

Dear Editor-in-chief, The Republic of the Union of Myanmar – formerly known as Burma – is a small nation located in South East of Asia, on the border of Thailand, Laos, China and Bangladesh (Figure. 1). According to a 2014 census, the country has a population of over 51 million people. The country is officially a Buddhist state, but with 135 recognized ethnic minorities, it boasts a big religious diversity as well. Based on the 2014 census, over two million of Myanmar’ s residents identified as Muslims. Myanmar has a total area of 262, 000 square miles (678, 500 km2), and consists of 14 stets and regions (1-3). Many of Burma’ s indigenous Muslims live in Rakhine State, on the Western coast next to the border with Bangladesh. Rohingya are however considered to be stateless, because the Myanmar Government officially considers the ethnic minority to be illegal Bangladeshi immigrants. The persecution has forced nearly one million Rohingya to flee into Bangladesh since 1977, with many more seeking refuge in other countries. Other Muslim countries have opened their doors to the refugees, with some choosing to flee to India, Pakistan, Malaysia and Indonesia. The Rohingya face discrimination and barriers to health care (4, 5). According to a 2016 study published in the medical journal "The Lancet", Rohingya children in Myanmar face low birth weight, malnutrition, diarrhea, and barriers to reproduction on reaching adulthood (4). Rohingya have a child mortality rate of up to 224 deaths per 1000 live births, more than 4 times the rate for the rest of Myanmar (52 per 1000 live births), and 3 times rate of rest non-Rohingya areas of Rakhine state (77 per 1000 live births) (4, 5). The paper also found that 40% of Rohingya children suffer from diarrhea in internally displaced persons camp within Myanmar at a rate five times that of diarrheal illness among children in the rest of Rakhine (4).

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    547-563
Measures: 
  • Citations: 

    0
  • Views: 

    27
  • Downloads: 

    1
Abstract: 

In this paper, we study the dynamics of the diphtheria outbreak among the immunocompromised group of people, the Rohingya ethnic group. Approximately 800,000 Rohingya refugees are living in the Balukhali refugee camp in Cox’s Bazar. The camp is densely populated with the scarcity of proper food, healthcare, and sanitation. Subsequently, in November 2017 a diphtheria epidemic occurred in this camp. To keep up with the pace of the disease spread, medical demands, and disaster planning, we set out to predict diphtheria outbreaks among Bangladeshi Rohingya immigrants. We adopted a modified Susceptible-Latent-Infectious-Recovered (SLIR) transmission model to forecast the possible implications of the diphtheria outbreak in the Rohingya camps of Bangladesh. We discussed two distinct situations: the daily confirmed cases and cumulative data with unique consequences of diphtheria. Data for statistical and numerical simulations were obtained from \cite{Matsuyama}. We used the fourth-order Runge-Kutta method to obtain numerical simulations for varying parameters of the model which would demonstrate conclusive estimates. Daily and cumulative data predictions were explored for alternative values of the parameters i.e., disease transmission rate $(\beta)$ and recovery rate $(\gamma)$. Additionally, the average basic reproduction number for the parameters $\beta$ and $\gamma$ was calculated and displayed graphically. Our analysis demonstrated that the diphtheria outbreak would be under control if the maintenance could perform properly. The results of this research can be utilized by the Bangladeshi government and other humanitarian organizations to forecast disease outbreaks. Furthermore, it might help them to make detailed and practical planning to avoid the worst scenario.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    39
  • Pages: 

    73-96
Measures: 
  • Citations: 

    0
  • Views: 

    756
  • Downloads: 

    0
Abstract: 

The article is to study and understand the weaknesses and strengths of international law in dealing with challenges ethnic minorities confront. Accordingly, the writers of the article attempt to understand the roots of challenges Rohingya minority of Rakhin face in Myanmar. Some questions are designed in order to accomplish above mentioned goal in which the focal point is to understand why international law was not able to support Rohingya rights in Myanmar. The result of the article emphasizes that the main reason is the ambiguity in defining conditions of Rohingya ethnic group in international law and Meyanmar domestic law. The article also explains how large number of Rohingya ethnic minority are left behind because of deficit in international law to include and support them. The result is based on analysis of treaties, regulations and conventions of international law regarding minority's rights with regard to the conditions of Rohingya ethnic group in Myanmar according international institutions' reports.

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