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Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and
Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o submit her reply to the observations filed by Myanmar, if any, within 10 days of
the day of notification of Myanmar’s observations, as specified in paragraph 7
PRE-TRIAL CHAMBER I (the “Chamber”) of the International Criminal Court
(the “Court”) issues this decision inviting the competent authorities of the Republic
of the Union of Myanmar (“Myanmar”) to submit observations pursuant to
rule 103(1) of the Rules of Procedure and Evidence (the “Rules”) on the
“Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the
Statute” (the “Request” or the “Prosecutor’s Request”).
1. On 9 April 2018, the Prosecutor filed her Request pursuant to regulation 46(3)
of the Regulations of the Court and article 19(3) of the Rome Statute (the “Statute”),
seeking a ruling from the Pre-Trial Chamber on whether the Court may exercise
jurisdiction over the alleged deportation of members of the Rohingya people from
Myanmar into Bangladesh.
2. On 11 April 2018, the President of the Pre-Trial Division assigned the Request
to the Chamber.2
3. On 7 May 2018, the Chamber invited the competent authorities of Bangladesh
to submit observations pursuant to rule 103(1) of the Rules on the Prosecutor’s
4. The Chamber notes article 21(1)(a) of the Statute and rule 103 of the Rules.
The Chamber recalls in particular rule 103(1) of the Rules, according to which the
Chamber may, at any stage of the proceedings, “if it considers it desirable for the
proper determination of the case, […] grant leave to a State, organization or person
to submit […] any observation on any issue that the Chamber deems appropriate”.