| Preface |
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viii | |
| Abbreviations |
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x | |
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1 | (68) |
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1 Narratives about the `Rohingya' and their plight |
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3 | (29) |
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Who are the people widely called the `Rohingya'? |
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4 | (6) |
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The accusation about the plight of the Rohingya |
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10 | (9) |
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The Myanmar Government's defence |
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19 | (10) |
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The Myanmar National Human Rights Commission |
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29 | (3) |
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2 The Rohingya situation and international reactions |
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32 | (37) |
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32 | (7) |
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39 | (4) |
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Human rights treaty bodies |
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43 | (6) |
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49 | (1) |
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50 | (10) |
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Human Rights Council and UN General Assembly |
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60 | (9) |
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PART II The International Court of Justice: State responsibility |
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69 | (66) |
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3 The Gambia's case before the ICJ |
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71 | (20) |
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71 | (3) |
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74 | (3) |
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The Gambia's legal standing to institute the Application against Myanmar |
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77 | (4) |
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Existence of a dispute between The Gambia and Myanmar |
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81 | (10) |
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4 Proving violations of the 1948 Genocide Convention |
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91 | (44) |
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91 | (9) |
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Burden and standard of proof |
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100 | (16) |
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Provisional measures indicated by the ICJ |
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116 | (14) |
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Possible outcomes if Myanmar is held to have breached the Genocide Convention |
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130 | (5) |
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PART III The International Criminal Court: Individual criminal responsibility |
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135 | (78) |
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5 Introduction to the International Criminal Court |
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137 | (49) |
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137 | (4) |
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Crimes under the ICC's jurisdiction |
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141 | (11) |
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Trigger mechanisms and preconditions for the ICC's exercise of jurisdiction |
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152 | (5) |
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157 | (5) |
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Direct responsibility or command/superior responsibility |
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162 | (13) |
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Investigation, trial, appeal and punishment |
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175 | (6) |
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Prosecution of high-ranking civilians in international criminal tribunals |
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181 | (5) |
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6 Practical difficulties faced by the ICC |
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186 | (27) |
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186 | (3) |
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The ones not (yet) in the dock |
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189 | (17) |
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Will the Office of the ICC Prosecutor be capable of discharging its mandate in relation to the Situation in Bangladesh/Myanmar? |
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206 | (7) |
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PART IV Justice in foreign domestic courts |
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213 | (42) |
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7 Exercise of universal criminal jurisdiction by Argentina and other nation States |
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215 | (23) |
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216 | (8) |
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Decline or rise in the exercise of universal jurisdiction? |
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224 | (14) |
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8 Sanctions and redress under domestic law for victims of serious human rights violations abroad |
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238 | (17) |
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238 | (10) |
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Damages and other forms of reparation under the domestic law of foreign States |
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248 | (7) |
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255 | (21) |
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9 Lessons learnt and future possibilities |
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257 | (19) |
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257 | (5) |
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Alternatives to prosecution |
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262 | (1) |
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263 | (4) |
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267 | (1) |
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International cooperation to extradite or prosecute perpetrators of serious crimes of international concern |
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268 | (3) |
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Business as usual with Myanmar, especially after the February 2021 military takeover? |
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271 | (5) |
| Epilogue |
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276 | (17) |
| Index |
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293 | |