Joint Observations Pursuant to Rule 103 of the Rules from Republic of the Union of Myanmar (“Myanmar”) to the People’s Republic of Bangladesh afforded by law to the Rohingya in Myanmar, and increase in acts of violence against them

REQUEST UNDER REGULATION 46(3) OF THE REGULATIONS OF THE
COURT
Public Document
Joint Observations Pursuant to Rule 103 of the Rules
Source: Women’s Initiatives for Gender Justice; Naripokkho; Ms. Sara
Hossain; and European Center for Constitutional and Human Rights

I. Introduction
1. Women’s Initiatives for Gender Justice (“WI”), Naripokkho, Ms Sara Hossain and
the European Center for Constitutional and Human Rights (“ECCHR”) (together
“amici curiae”) respectfully submit their observations on the “Prosecution’s
Request for a Ruling on Jurisdiction under Article 19(3) of the Statute”
(“Prosecution’s Request”).
II. Relevant procedural background
2. On 9 April 2018, the Office of the Prosecutor filed the Prosecution’s Request
seeking a ruling on whether the Court may exercise jurisdiction over the alleged
deportation of the Rohingya people from Republic of the Union of Myanmar
(“Myanmar”) to the People’s Republic of Bangladesh (“Bangladesh”).
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3. On 7 May 2018, Pre-Trial Chamber I (“Chamber”) issued its Decision Inviting the
Competent Authorities of the People’s Republic of Bangladesh 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) of the
Statute” (“Decision inviting observations from the authorities of the People’s
Republic of Bangladesh”).
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4. The Chamber scheduled a status conference for 20 June 2018, to be held in
closed session, only in the presence of the Prosecutor, to address certain issues
raised in the Prosecution’s Request.3 Reasons for convening the conference in
closed session have not been provided and the amici respectfully highlight the
need for a transparent Court.