Myanmar Government OfficeGovernment Office Myanmar
Myanmar Republic Ministry of the Office of the Council of State Press Release
Myanmar's government is seriously concerned about the request by the International Criminal Court (ICC) accuser to assert responsibility for the supposed expulsion of Muslims from Rakhine to Bangladesh. Burma is not a member of the Rome Statute. There is a risk that the proposal to extend the judiciary could have serious implications, going beyond the well-established basic rule that the ICC is an institution operating on whose name and with the agreement of the Contracting States that have subscribed and ratified it.
An important rule of justice or rule of justice is "Ubi lex vuluit, icit; eubi natur, tacit", i.e. "if the rule of law means something, it says it; if it means nothing, it does not say it". The ICC Charter does not say anywhere that the Court of Justice has competence for states which have not recognised that competence.
Extending case-law to non-parties can affect all non-parties in the global arena and call into question long-standing rule of law such as the rule of law. The prosecutor is trying to repeal the rule of not interfering and not interfering in the domestic life of other states, in contrast to the rule laid down in the UN Charter and mentioned in the preamble to the ICC Charter.
Burma reaffirms that it has not expelled any people from the affected areas and has worked with Bangladesh to return the IDPs. A number of bi-lateral treaties have been concluded between the Government of the Republic of Myanmar and the Government of the People's Republic of Bangladesh, including the "Agreement on the Return of Expellees from the State of Rakhine" of 23 November 2017.
Bangladesh has just been attended by the Minister of the Union for Social Affairs, Aid and Relocation to inform the expellees' GPs about developments, the relocation processes, the provision of basic necessities, accommodation schemes, professional qualifications, ease of entry to Rakhine state educational and health services and Myanmar's willingness to return.