Question to the Foreign, Commonwealth & Development Office:

To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, if she will make it her policy to refer Myanmar to the International Criminal Court for (a) atrocity crimes, (b) war crimes, (c) crimes against humanity and (d) genocide.

The UK is clear that there must be accountability for atrocities committed in Myanmar. We condemn the ongoing serious human rights violations by the Myanmar Armed Forces. We will continue to raise these issues on the international stage, including at the UN Security Council where we have secured four statements in the last six months. Our assessment remains that there is insufficient support amongst Security Council members for an International Criminal Court (ICC) referral at this time. It will not advance the cause of accountability for an ICC referral to fail to win Security Council support or to be vetoed; such a result would only give comfort to the Myanmar military and reduce the pressure they currently face. In November 2019, the Court authorised the Prosecutor to proceed with an investigation for the alleged crimes within the ICC's jurisdiction in the Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar. Upon review of the available information, the Court accepted that there exists a reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as the crimes against humanity of deportation across the Myanmar-Bangladesh border and persecution on grounds of ethnicity and/or religion against the Rohingya population.