Judicial Independence and the Prevention of Atrocity Crimes in Myanmar

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


International law’s approach to atrocity crimes is largely reactionary, emphasising
intervention and deterrence through prosecution. The International Criminal Court (ICC) has begun an investigation into crimes against humanity and Myanmar has been brought before the International Court of Justice (ICJ) by The Gambia for alleged violations of the Genocide Convention. In 2020, the ICJ imposed provisional measures on Myanmar, including prevention, that reiterate the Genocide Convention’s focus on the prohibition and prosecution of alleged perpetrators. This chapter argues that prevention of atrocity crimes depends on an independent judiciary and that judicial independence in Myanmar is so compromised that it is unable to act as a safeguard against human rights abuses, let alone prevent atrocity crimes like war crimes, crimes against humanity and genocide
Original languageEnglish
Title of host publicationJudicial Independence Under Threat
EditorsYvonne McDermott, Dimitrios Giannoupoulos
PublisherOxford University Press (OUP)
Publication statusPublished - 2022


  • Judicial Indepedence
  • Myanmar
  • Crimes against humanity
  • Genocide
  • Supreme Court

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