Civil Society and the IIMM in the Investigation and Prosecution of the Crimes Committed Against the Rohingya

Abstract

This article assesses the role of civil society and the Independent Investigative Mechanism for Myanmar (IIMM) in individual accountability proceedings by foreign domestic courts for the crimes committed against the Rohingya in light of the obstacles faced by Myanmar courts, the International Criminal Court (ICC) and the United Nations Security Council (UNSC). Due to the inability of third States to investigate the crimes committed within Myanmar, they depend (almost) exclusively on civil society organisations’ (CSO) documentation to assert their jurisdiction. The article argues that two factors necessitated the creation of the IIMM as a legal bridge between documentation and States’ investigatory and prosecutorial duties: the concerns about the reliability of CSOs’ documentation and the impediments in its direct admissibility in criminal trials. The combined initiatives of civil society and the Mechanism constitute an essential component of States’ duty in fulfilling their obligations to investigate and prosecute the crimes against the Rohingya. Finally, the Mechanism sets a precedence where civil society could actively participate in the promotion of the interests of justice.