Cox’s Bazar, September 2025 — As the United Nations prepares to hold a High-Level Meeting on September 30, 2025, in New York on the plight of the Rohingya Muslims and other minorities in Myanmar, a special edition of International Law News has compiled a series of scholarly and legal analyses on the crisis. The volume, published by the American Bar Association (ABA), brings together academics, practitioners, and researchers to examine the intersection of law, statelessness, and justice for the Rohingyailn-v53-no1 Rohingya.
ABA’s Stance and International Advocacy
The American Bar Association has long highlighted the urgency of the Rohingya crisis. Following the 2017 atrocities, the ABA issued letters to ASEAN, Bangladesh, Malaysia, and India, urging protection of Rohingya refugees and condemning trafficking and other abuses. In 2024, the ABA House of Delegates passed Resolution 503, calling on the United States and the international community to prevent, address, and punish human rights violations and genocide against the Rohingya. This expanded upon a 2019 resolution that had earlier demanded accountability for crimes committed by Myanmar’s militaryiln-v53-no1 Rohingya.
This special issue builds on these commitments, providing perspectives on transitional justice, universal jurisdiction, refugee protection, and the role of international courts. Collectively, the contributions emphasize that the rule of law must underpin any sustainable resolution to the Rohingya crisisiln-v53-no1 Rohingya.
Violence of Law: Citizenship as Exclusion
Legal scholar Klejda Mulaj explains that law itself has been central to the systematic exclusion of the Rohingya. The 1982 Citizenship Law in Myanmar, supported by constitutional provisions, stripped the Rohingya of citizenship, rendering them stateless. The law recognized only 135 “national races” — excluding the Rohingya. Even pathways such as “associated” or “naturalized” citizenship were effectively closed to them through impossible requirements and lack of documentation.
Mulaj describes this as “the violence of law” — where legal provisions become tools of dehumanization and exclusion. Statelessness has exposed Rohingya communities to detention, punishment, and denial of political and economic rights. The condition, she notes, traps them in refugee camps in Bangladesh, Thailand, and Malaysia, where they remain vulnerable to forced repatriation despite the principle of non-refoulementiln-v53-no1 Rohingya.
Statelessness as a Tool of Destruction
Danielle Sesini, in her essay Citizenship as a Weapon, frames Myanmar’s deliberate creation of statelessness as both an element of genocide and a crime against humanity. She traces the historical roots of Rohingya exclusion — from their settlement in Arakan centuries ago to colonial divide-and-rule tactics, World War II massacres, and post-independence constitutional changes.
The 1948 Union Citizenship Act initially allowed Rohingya recognition, but later constitutions and the 1982 law institutionalized their exclusion. From being citizens, the Rohingya were transformed into “foreigners,” branded as illegal immigrants. This stripping of citizenship, Sesini argues, functioned as symbolic identity destruction, paving the way for physical atrocities such as persecution, displacement, and mass killings.
Sesini calls on the international community to recognize statelessness not as a legal anomaly but as a deliberate strategy of identity-based destruction. She argues that statelessness must be incorporated into international legal frameworks as a crime against humanity when it systematically targets a group’s existenceiln-v53-no1 Rohingya.
Historical Roots of Crisis and Displacement
Hussin Alameedi provides a historical survey of Rohingya persecution. Following Burma’s independence in 1948, Rohingya were initially recognized as citizens. But under General Ne Win’s regime from 1962, the government denied their citizenship. Military operations escalated against the Rohingya, and large-scale expulsions took place, including the forced expulsion of more than 200,000 Muslims — many of them Rohingya — during the 1970s.
The introduction of the 1982 Citizenship Law marked a turning point, formally excluding the Rohingya from recognized ethnic groups. From the 1980s onwards, Rohingya endured forced labor, trafficking, and waves of repatriation. The 2017 crackdown by Myanmar’s military following attacks attributed to the Arakan Rohingya Salvation Army (ARSA) displaced more than 700,000 people, half of them children. Testimonies describe systematic preparations, including confiscation of household tools and arming of local non-Rohingya communities, that enabled mass violence.
Alameedi also outlines the international response. Rohingya refugees have resisted repatriation efforts due to lack of citizenship guarantees and fear of being relocated away from their ancestral homes. The National Unity Government (NUG) remains the only political entity in Myanmar to openly support the Rohingya, but its influence is limited. Meanwhile, ASEAN states have not coordinated a protection framework, and only two of its members have ratified the UN Refugee Convention. The article stresses that without regional cooperation and stronger accountability measures, atrocities may continue uncheckediln-v53-no1 Rohingya.
The Rohingya in Indonesia
Muhammad Farrel Abhyoso examines the growing presence of Rohingya refugees in Indonesia, particularly in Aceh. Between November 2023 and September 2024, more than 2,000 Rohingya arrived in Aceh and North Sumatra by boat — a 700 percent increase compared to the previous year. Many relied on human smugglers and traffickers, facing torture, harassment, and exploitation during their journeys.
While Indonesia has accommodated Rohingya arrivals, tensions have flared between refugees and local communities. In December 2023, protesters forced refugees out of shelters in Banda Aceh, demanding deportation. Indonesian leaders, including former President Joko Widodo and current President Prabowo Subianto, have voiced caution: pledging humanitarian assistance but stressing priority for Indonesian citizens.
Indonesia is not party to the 1951 Refugee Convention, allowing officials to argue they have no legal obligation to accept Rohingya refugees. National laws provide limited protections, but refugees cannot work and remain dependent on aid. Abhyoso concludes that unless Myanmar addresses root causes, Indonesia and other regional states will face ongoing pressures, while durable solutions such as third-country resettlement remain extremely limitediln-v53-no1 Rohingya.
International Legal Pathways
Other contributions in the issue examine reproductive violence, links between drugs and insurgency, distorted narratives, and proceedings at the International Court of Justice (ICJ) and International Criminal Court (ICC). Collectively, they highlight avenues for justice, including transitional justice mechanisms, universal jurisdiction, and global accountability frameworks.
Particularly noted is the ICJ case The Gambia v. Myanmar, which continues to address alleged violations of the Genocide Convention. Scholars argue that such cases provide not only legal recognition of atrocities but also a measure of accountability. However, enforcement remains uncertain as Myanmar has resisted international pressureiln-v53-no1 Rohingya.
Conclusion: Law as Both Weapon and Hope
The special edition of International Law News concludes that law has functioned both as a weapon of persecution and a potential avenue for justice. For decades, Myanmar’s laws — especially the 1982 Citizenship Law — have institutionalized the statelessness of the Rohingya, leaving them vulnerable to persecution and mass atrocities. At the same time, international law, if applied forcefully, offers a path toward recognition, accountability, and protection.
The central demand echoed throughout the issue is clear: recognition of statelessness as a tool of genocide, accountability for Myanmar’s military and political leadership, and stronger regional and international legal frameworks to guarantee Rohingya rights and safe return. Without such measures, the Rohingya’s suffering will persist as a test of the global community’s willingness to uphold justice and the rule of law.
