Rape against Rohingya Muslim Women: Unresolved Violation

against International Law

Ubaiyana

1,2

, and Nikki Leres Mulyati

1,3

Universitas Islam Negeri Syarif Hidayatullah, Jl. Ir. Djuanda, Jakarta, Indonesia

Department of Comparative Law, Universitas Islam Negeri Syarif Hidayatullah

Department of English Education, Universitas Islam Negeri Syarif Hidayatullah

Keywords: Rape, Rohingya Muslim Women, International Law.

Abstract: The history of human rights violations against Rohingya Muslims, believed to have started since 1784.

Rohingya ethnic conflict is a conflict based on discriminatory treatment because of ethnic and religious

differences. Based on Amnesty International's report, this prolonged conflict is fuelling the issue of Rohingya

Muslims who are not considered and recognized as citizens based on Myanmar law. This was proven by the

issuance of the Myanmar Citizenship Regulation (1982 Burma Citizenship Law), Myanmar has removed

Rohingya from the list of 8 main ethnicities. During this time, in its handling, rape became one of the

indications and evidence of the lack of protection of women's human rights from sexual violence. It should

be emphasized, however, that the true international law and regional law in Southeast Asia actually provides

a legal basis that affirms that they have the right to protect themselves against rape even by the government.

Using a statutory approach and case approach, this study analyzes the compliance of Myanmar's state in

applying international law and regional law to meet and protect the rights of Muslim Rohingya women.

Ultimately, the study found evidence of disobedience by the Burmese government that violated the prohibition

of rape against Muslim Rohingya.

1 INTRODUCTION

Global developments in various parts of the world

concerning human rights have not shown an

encouraging situation yet. Human rights is still in the

form of discourse and has not been fully realized. A

number of dark world incidents have always been a

serious issue. Although the Universal Declaration of

Human Rights (UDHR) along with other instruments

- such as conventions and declarations, and

international human rights instruments - developed

very rapidly since 1948; but we still watch alarming

reports from all over the world regarding human

rights violations almost every day. This study will

focus on how far the international law have the role

in protecting the discrimination faced by Rohingya

Muslim women.

2 THEORY

The history of human rights violations against

Rohingya Muslims is believed to have begun since

1784 when Burman Buddhists attacked Arakan. The

government allegedly contributed to or incited this

anti-Muslim violence, so that more than 250,000

people fled to neighbouring country, Bangladesh.

Based on International Amnesty report, this

protracted conflict has increasingly fuelled the issue

of Rohingya Muslim population who are not

considered and recognized as citizens under

Myanmar law (Veen 2005).

In 1978 the Burmese military carried out a huge

attack on Arakan, called "Ye The Ha". In this

operation, government soldiers killed, raped and

tortured the targeted Muslim population and forced

them to return to Bangladesh. Since then, human

rights abuses continue to be carried out by the

Myanmar government, their homes burned down,

physically beaten by the Myanmar military, suffering

mentally, having no access to education, living in

poverty and a number of other cruel treatment as one

researcher reported (Zada 2017).

Precisely on May 28, 2012, three Rohingya men

were accused of raping and murdering a 28-year-old

female Rakhine Buddhist (Human Rights Watch

898

Ubaiyana, . and Mulyati, N.

Rape against Rohingya Muslim Women: Unresolved Violation against International Law.

DOI: 10.5220/0009919608980904

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 898-904

ISBN: 978-989-758-458-9

2013). A few days later, the Arakan Buddhist

community retaliated by beating and killing 10

Rohingya people in a bus interception. The Arakan

Buddhist group, supported by local Buddhist monks

and Myanmar security forces, carried out various acts

of violence systematically, ranging from beatings,

beheading, murder, rape, burning of homes, evictions,

to isolation of economic aid (Rizki 2015).

Starting from that, the conflict between these two

groups is increasingly unavoidable. Because there are

fewer in population and marginalized for hundreds of

years, Rohingya Muslims are pressed. Hundreds of

Muslim villages were burned and destroyed, and

around 850-1000 people were killed (Susetyo 2013).

The Rohingya humanitarian tragedy is called as

serious human rights violation and it is a crime

against humanity (Human Rights Watch 2012). The

neglect of human rights of Rohingya Muslims can be

explained as follows: first, Rohingya Muslims are not

recognized as Myanmar citizen (stateless); second,

they experience discriminatory and racist treatment

economically, socially and politically; and thirdly,

they experience various tortures and human rights

violations (Yuliatiningsih 2013).

Following are some of the actions of the Myanmar

government against Rohingya, including:

 Military operations in 1948;

 Burma Territorial Force (BTF) Operations in

1949-1950;

 Military operations (Second Chin Emergency

Regimen) in March 1951-1952;

 Mayu Operation in 1952-1953;

 Mone-Thone Operation in October 1954;

 Military and immigration operations in January

1955;

 Joint military police operations in 1955-1958;

 Captain Htin Kyaw operation in 1959;

 Shwe Kyi operation in October 1966;

 Kyi Gan operation in October-December 1966;

 Ngazinka operation in 1967-1969;

 Myat Mon operation in February 1969-1971;

 Major Aung Than operation in 1973;

 Sabe operation in February 1974-1979;

 Nagamin operation in February 1978-1980;

 Swe Hintha operation in August 1978-1980;

 Galone Operation in 1979;

 Pyi Thaya operation in 1991-1992;

 Na-Sa-Ka operation in 1992 until now (Susanti

2014).

Rohingya ethnic conflict is a conflict based on

discriminatory treatment because of ethnic and

religious differences. Rohingya ethnicity is not

recognized by the state of Myanmar and does not get

citizenship. This was proven by the issuance of the

Myanmar Citizenship Regulation (Burma Citizenship

Law 1982), Myanmar removed Rohingya from the

list of 8 main ethnicities namely Burmans, Kachin,

Karen, Karenni, Chin, Mon, Arakan, Shan. Rohingya

are foreign and illegal communities that are not listed

as one of the 135 official ethnicities recognized in

Burma. Thus, the majority of them are not entitled to

national identity cards (Take 2009).

Myanmar President Thein Sein has expelled this

ethnic group by saying in an international forum that

"Rohingya are not our people and we have no duty to

protect them", President Thein Sein wanted Rohingya

to be managed by UNHCR (United Nations High

Commissioner for Refugee) or accommodated in a

third country. In addition, President Thein Sein called

Rohingya in Arakan as "a threat to national security".

The statement made by President Thein Sein gives a

very bad impact for the Rohingya (Susanti 2014).

In discussing human rights violations against

Rohingya Muslims, it is very important to know about

Nay-Sat-Kut-Kwey Ye or commonly referred to as

NaSaKa. They have a big role in the suffering faced

by Rohingya people. NaSaKa consists of police,

military intelligence, anti-riot troops (known as Lon

Htein), customary officers, immigration officers, and

labor, who work in North Arakan on the Myanmar-

Bangladesh border. NaSaKa has the authority to

decide matters related to special regulations for

Rohingya people, which basically has made a

difference to Rohingya people from other ethnic

groups in North Arakan. Human rights violations

committed by NaSaKa include forced labor,

restrictions on freedom contained in special

regulations, even rape and sexual violence (Irish

Centre for Human Rights 2010).

The Special Rapporteur for Human Rights in

Myanmar stated that, the results of an interview with

30 Muslim women from Rakhine indicated that there

had been a rape committed by several military groups

in Arakan. Some women stated that they were taken

by members of the military to barracks and then

raped. In other circumstances, some of them were

taken by members of the military when their

husbands or families were away on military orders.

Meanwhile, young women were raped in front of their

families, then taken away. Women who returned to

the village said that some of them died from

continuing rape. Two medical workers said that

usually rape victims who came to the clinic died from

bleeding and infection (Amritsjar 2014).

The Myanmar army deliberately impregnates

women from ethnic minorities so that "Burmese

Rape against Rohingya Muslim Women: Unresolved Violation against International Law

899

babies" are born. After that the soldiers forced them

to marry rape victims. Another purpose of the crime

is as a form of dawn attack. Rape is a weapon to bring

down morals and weaken ethnic minorities. This

information shows the fact that the practice of rape

and various other forms of sexual crimes has become

a strategy to facilitate the "Burmanization" policy.

Rape is sometimes associated with forced

displacement, because in some cases forced

displacement is accompanied by rape. A report shows

the results of interviews with several women, who

claimed that they were forced to leave their homes

because they felt unable to deal with the crime of rape

by the army (Saputra 2010). Women involved in

forced labor practices are also vulnerable to being

victims of sexual crimes by the army (Ahsan Ullah

2016).

Morally, every human being as a part of civilized

humanity is obliged to implement the principles of

human rights, without exception the government of a

country. As affirmed in the 1995 Vienna Declaration

that is the duty of a state to respect, protect and fulfill

human rights (to respect, to protect, to fulfill),

namely: the responsibility to respect human rights is

the responsibility of the state to take policies that save

human rights ; the responsibility to protect human

rights is the responsibility to prevent, stop and punish

any human rights violations; while the responsibility

to fulfill human rights is the obligation of the state to

carry out, provide, guarantee every human rights

through its actions and policies (Saraswati and Basari

2006).

The World Conference on Human Rights

condemns these disgusting practices, and repeats the

call for criminals to be punished. Crimes based on sex

and all forms of sexual violations and harassment,

including those that occur because of cultural

prejudice and international trade, are not in

accordance with the dignity and dignity of a human

being and must be abolished. The World Conference

on Human Rights also reaffirms the earnest

commitment of all countries to fulfill their obligations

to promote respect, obedience and universal

protection of human rights and fundamental freedoms

for all people, in accordance with the United Nations

Charter and other instruments relating to human

rights in international law (United Nations

Departemen of Public Information 1993).

In various environments in the community and in

the family, women's position becomes unsafe in

enjoying comfort and peace. The phenomenon of

violence against women is a manifestation of the

historical inequality of power relations between men

and women which has resulted in domination and

discrimination against women (Yuliatiningsih 2013).

This is certainly disapprove the provisions stipulated

in the International Covenant on Civil and Political

Rights (ICCPR), that:

Article 2: 1. Each State Party in the present

Covenant promises to respect and guarantee the rights

recognized in this Covenant for all persons within its

territory and comply to its jurisdiction, without any

distinction such as race, color, sex, language ,

religion, politics or other opinions, national or social

origin, wealth, birth or other status.

Article 7: No person can be subjected to torture or

other cruel, inhuman or degrading treatment or

punishment.

The 1949 Geneva Conventions and the Additional

Protocol to the Geneva Conventions place non-

combatants to be given the right to avoid physical,

mental, torture and rape violations. This is very

different from what is experienced by Rohingya who

suffer from torture, rape and various types of violence

in Myanmar. The Myanmar government has actually

violated the principle stated in the convention. In

addition, to protect human rights, the United Nations

also adopted a number of international conventions

and agreements. Some of them are the International

Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and

Cultural Rights, the International Convention on the

Elimination of All Forms of Racial Discrimination,

and the Convention on the Elimination of All Forms

of Discrimination against Women (CEDAW) (Zada

2017). In particular, the Geneva Convention affirms

that women must be protected from attacks of rape,

forced prostitution and other forms, even though there

is no further protection against victims of sexual

violence (Wahid and Irfan 2001).

During this time, in its handling, rape became one

of the indications and evidences on the lack of

protection of women's human rights from acts of

sexual violence. Since December 10, 1948, the

United Nations has established guarantees for the

protection of human rights, especially the protection

of individuals against the arbitrariness of the state

((KDT) 2000). The Universal Declaration of Human

Rights (UDHR) is a key element of the protection of

human rights. Article 2 of the Universal Declaration

of Human Rights has affirmed that:

"Everyone has the right to all the rights and

freedoms undermentioned in this declaration with no

exceptions, such as differences in race, color, sex,

language, religion, politics or other views, national or

social origin, rights property, birth or other position.

Furthermore, there will be no distinction based on the

political, law or international position of the country

ICRI 2018 - International Conference Recent Innovation

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or region from which a person originated, whether

from an independent country, in the form of

guardianship regions, colonies, or under the limits of

other sovereignty ".

State violence committed by the Government of

Myanmar has tarnished the existence o human rights

and freedoms in the Universal Declaration of Human

Rights (UDHR), namely in section 3 which states,

"everyone has the right to life, freedom and safety as

individuals", and in section 5 which states, "no one

may be tortured or abused, treated or punished

inhumanely or insulted" (Nation 1948).

Brad Adams, Director of HRW Asia, briefly

questioned the claims of the Myanmar government

which claimed to have committed to end the sectarian

nuances of conflict. But in fact, various forms of

violence and ethnic conflict continue to occur. Brad

Adams also regretted that the reaction of the

international community seemed slow

(Yuliatiningsih 2013).

As a follow-up to the World Human Rights

Conference on the protection of women from all

forms of discrimination, on December 20, 1993 the

Convention on the Elimination of all the Forms of

Discrimination against Women emphasized to

eliminate all forms of discrimination such as:

Article 1: In this Declaration, what is meant by

violence against women is any act based on gender

differences which results in or may result in misery or

suffering of women physically, sexually and

psychologically, including threats of certain actions,

coercion or arbitrary deprivation of liberty, whether

that happens in the public domain or in private life.

Article 2: Violence against women must be

understood to include, but not limited to, the

following: (a) acts of physical, sexual and

psychological violence, including beatings, sexual

abuse of girls in the family, violence related to dowry,

marital rape, female genital mutilation and other

traditional practices of violence against women,

violence outside of husband-wife relations and

violence related to exploitation; (b) physical, sexual

and psychological violence that occurs in the wider

community, including rape, sexual abuse, sexual

harassment and threats at work, in educational

institutions and elsewhere, trafficking in women and

forced prostitution; (c) physical, sexual and

psychological violence committed or ignored by the

State, wherever it occurs [23].

Besides adopting the Declaration on the

Elimination of Violence against Women, the United

Nations General Assembly also adopted the Optional

Protocol to the Convention on the Elimination of All

Forms of Discrimination against Women on October

6, 1999 (Luhulima and Sudiarti 2014).

3 RESEARCH TYPES AND

APPROACHES

In collecting material, the author uses a type of

normative juridical research (normative legal

research), namely legal research conducted by

examining library material or secondary data

(Soekanto and Mamudji 2001). In accordance with

the characteristics of the study, this study uses the

method of library research with a qualitative

approach. This study also uses a statutory approach

and a case approach (Marzuki 2014). The law

approach is carried out by examining all laws and

regulations relating to the issues examined in this case

international instruments. Meanwhile, the case

approach is done by finding legal reasons related to

material facts in the form of people, place, time, and

all that accompanies.

3.1 Data Source

Data sources used in this study are divided into two

types of data, namely as follows:

 Secondary data, namely supporting data

sources, in the form of international human

rights instruments, books and literature relating

to women's human rights as human beings, such

as the Convention on the Elimination of All

Forms of Discrimination against Women

(CEDAW), Universal Declaration of Human

Rights (UDHR) and others.

 Tertiary Data, which is non-legal data that is

expected to support the writing of this study,

such as dictionaries, print and electronic media,

and encyclopedias related to the discussion.

3.2 Data Collection Methods and

Techniques

This study uses one method of data collection, namely

using library research (library research). Literature

study was conducted to explore theories about

concepts and understanding, especially related to the

research theme, namely the prohibition of rape

against Rohingya Muslim women in the international

law.

Rape against Rohingya Muslim Women: Unresolved Violation against International Law

901

3.3 Data Analysis Techniques

The data obtained from the research results, will be

analysed directly in the form of documents or other

material critically analytical. The author analyses the

data by reviewing and examining the data,

synthesizing, and interpreting the collected data.

Then the data will be written in narrative form so that

it becomes a clear and easily understood sentence.

4 RESULTS

It should be noted that Myanmar is one of the ASEAN

members that has ratified several conventions,

including the Convention on the Elimination of All

Forms of Discrimination against Women. Based on

the principle of pacta sunt servanda, the state is

obliged to obey and implement the provisions of the

ratified agreement (Parthiana 2005). Ratification is an

action taken by the state in giving written approval to

state that is bound to an international agreement. If

ratification has been carried out, the relevant country

officially becomes a participant in the international

agreement, or it is better known as "State Party"

(Luhulima and Sudiarti 2014).

In addition, based on the doctrine of

incorporation, international law can be part of

national law. In the event that a country signs and

ratifies the treaty, the agreement can be directly

bound on its citizens without any prior legislation.

The incorporation doctrine assumes that international

law automatically integrates with national law

(Thontowi and Iskandar 2006). In other words, the

Convention on the Elimination of All Forms of

Discrimination against Women has become part of

the national law of the Myanmar state without

legislation, thus binding all citizens.

Table 1: Following is the international covenant which

ratified by Myanmar (Zada 2017)

Covenan/Convention Myanmar

Convention on the

Elimination of all

Forms of

Discrimination against

Women

22/7/1997

Convention on the

Rights of the Child

15/7/1991

Convention on the

Rights of Persons with

Disabilities

7/12/2011

United Nations

Convention a

ainst

30/3/2004

Transnational

anised Crime

Protocol to Prevent,

Suppress and Punish

Trafficking in Persons,

Especially Women

and Children,

Supplementing the

United Nations

Convention against

Transnational

anised Crime

30/3/2004

In responding to rape of Rohingya Muslim

women in Myanmar, the Convention on the

Elimination of All Forms of Discrimination Against

Women should be the main reference. Since its

enactment in September 1981, this convention has

become an international instrument that has the role

of obliging state parties to eliminate discrimination

against women, both in the political, economic, socio-

cultural and civil fields. This Convention requires the

state to do all appropriate means to prevent and

eliminate all forms of discrimination against women

without delay (Malahayati 2005).

Unfortunately, Myanmar does not show its

compliance toward international customary law. In

fact, Rohingyas are not recognized for their existence

so they do not get citizenship in Myanmar and have

experienced various human rights violations. Based

on the United Nations special report on human rights

in Myanmar, Myanmar women from various ethnic

groups directly related the sexual violence they

experienced in 2002 and 2003 (Saputra 2010).

Therefore, the Myanmar state was found guilty of

violating an international agreement concerning

sexual violence. In addition, Myanmar also does not

show facts related to exceptions in carrying out

ratified international agreements, such as entering

derogation in its law by registering derogations or

submitting reservations and notifying all parties. The

two mechanisms above are exceptions made so that

the state can avoid responsibility or can commit

human rights violations, with some terms and

conditions that apply, such as the state in an

emergency or threatening the continuation of a

country.

Human rights violations, especially rape against

Rohingya Muslim women, certainly lead to

disappointment for the international community. It is

necessary to impose sanctions as political and

economic pressure on the state of Myanmar. One of

them is through the International Criminal Court

(ICC). However, it should be noted that the

jurisdiction or authority to adjudicate, the ICC is

ICRI 2018 - International Conference Recent Innovation

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limited by several things: first, the ICC can only

prosecute individuals, including government

officials, military and civilian commanders;

secondly, crimes that are within the scope of the ICC

are regulated in Article 5-8 of the 1998 Rome Statute,

namely, crimes of genocide, crimes against humanity,

war crimes, and crime of statute aggression; thirdly,

the ICC only has jurisdiction over crimes committed

after the entry into force of the Rome Statute on 1 July

2002; fourthly, the ICC can hear cases submitted by

participating countries whose territories are the place

where international crime is committed (Sefriani

1998).

In international law, sanctions are not always

physical sanctions, but can be in the form of sanctions

for termination of diplomatic relations, economic

sanctions, and sanctions for release from membership

of the United Nations (UN). These sanctions can be

given by countries, international organizations and an

international community. Diplomatic sanctions can

be made in the form of termination of diplomatic

relations, withdrawing diplomatic staff, and delaying

visits from officials from other countries. Diplomatic

sanctions have the advantage that they do not need to

spend money, troops or reasons that can isolate the

regime in Myanmar. In addition there are economic

sanctions that can be an attempt to punish, and

contain compliance goals. Economic sanctions can be

aimed at punishing by weakening economic potential,

such as trade restrictions (export controls and import

barriers), investment restrictions (in the form of bans

or licenses), provision of financial embargoes (loan

restrictions, economic aid cuts, asset freeze,

blockade), prohibition of financial transactions and

other economic tactics. These sanctions can be

carried out in a way, through the United Nations

Security Council, each country, especially China

which plays an important role in the country's export

and import sector (Gaol and Nugroho 2017).

In his theory, Muladi stated, the state needed to

take several actions as a form of accountability for the

occurrence of human rights violations, among others;

the state must protect witnesses and victims; (Susanti

2014) In fact, international law does not explain

further about the form of protection for victims of

sexual violence.

5 CONCLUSIONS

Based on the above explanations, the Myanmar

government and its staff were found guilty of not

complying with and violating the human rights of

Rohingya Muslim women, namely; first, Rohingya

Muslims are not recognized as Myanmar people

(stateless); second, they experience discriminatory

and racist treatment both economically, socially and

politically; and thirdly, they experienced various

tortures and human rights violations. Therefore, the

Myanmar government can be subject to international

legal sanctions both physical and non-physical

sanctions, for two main reasons; first, generally as a

member state of the United Nations since April 19,

1948, it has violated the general provisions for the

protection of human rights in the Universal

Declaration of Human Rights (UDHR); secondly,

specifically as a party that has ratified the Convention

on the Elimination of All Forms of Discrimination

against Women, Myanmar has proven to have

violated regulations concerning the prohibition of any

form of sexual violence against Rohingya Muslim

women.

REFERENCES

(KDT), Perpustakaan Nasional RI. Katalog dalam Terbitan.

2000. Negara Dan Kekerasan Terhadap Perempuan.

Jakarta: Yayasan Jurnal Perempuan.

Ahsan Ullah, A. K.M. 2016. “Rohingya Crisis in Myanmar:

Seeking Justice for the ‘Stateless.’” Journal of

Contemporary Criminal Justice 32 (3): 285–301.

https://doi.org/10.1177/1043986216660811.

Amritsjar, Sabrina Putripratama. 2014. “Tinjauan Hukum

Internasional Terhadap Tindakan Pelanggaran HAM

Pemerintah Myanmar Atas Etnis Rohingya.”

Universitas Hasanudin Makasar.

Gaol, David C. L., and Arinto Nugroho. 2017. Penyelesaian

Sengketa Pelanggaran Hak Asasi Manusia Terhadap

Etnis Rohingya Di Myanmar Ditinjau Dari Hukum

Internasional. UNESA.

Human Rights Watch. 2012. “The Government Could Have

Stopped This.” Sectarian Violence and Ensuing Abuses

in Burma’s Arakan State.

———. 2013. All You Can Do Is Pray: Crimes Against

Humanity and EthnicCleansing of Rohingya.

Irish Centre for Human Rights. 2010. “Crimes Against

Humanity in Western Burma: The Situation of the

Rohingyas.” NUI Galway, 1–154.

http://burmaactionireland.org/images/uploads/ICHR_

Rohingya_Report_2010.pdf.

Luhulima, and Achie Sudiarti. 2014. Menegakkan Hak

Asasi Perempuan. jakarta: Pustaka Obor Indonesia.

Malahayati. 2005. “Instrumen Hukum Internasional : Hak

Asasi Manusia.”

Marzuki, Peter Mahmud. 2014. Penelitian Hukum. Jakarta:

Kencana Penada Media.

Nation, United. 1948. “Universal Declaration of Human

Rights | United Nations.” 1948.

http://www.un.org/en/universal-declaration-human-

rights/.

Rape against Rohingya Muslim Women: Unresolved Violation against International Law

903

Parthiana, I Wayan. 2005. Hukum Perjanjian Internasional.

Bandung: Mandar Maju.

Rizki, Rika. 2015. “Peran Office of The High

Commissioner for Human Rights (OHCHR)

Menyelamarkan Kekerasan Etnis Muslim Rohingya Di

Myanmar (2012-2014).” JOM FISIP 2 (2): 5–6.

Saputra, Vidya Tama. 2010. “Diskriminasi Etnis Rohingya

Oleh Pemerintah Myanmar.” Universitas Jember.

Saraswati, LG., and Taufik Basari. 2006. Hak Asasi

Manusia : Teori, Hukum. Depok. Jakarta: Filsafat UI

Press.

Sefriani. 1998. “Yurisdiksi ICC Terhadap Negara Non

Anggota Statuta Roma 1998.” Jurnal Hukum 14 (2):

319–21.

Soekanto, Soerjono, and Sri Mamudji. 2001. Penelitian

Hukum Normatif (Suatu Tinjauan Singkat). Jakarta:

Rajawali Press.

Susanti, Aviantina. 2014. “Penyelesaian Kasus

Pelanggaran HAM Berat Terhadap Etnis Rohingya Di

Myanmar Berdasarkan Hukum Internasional.”

Scientific Jornal, Universitas Brawijaya, 7–9.

Susetyo, Heru. 2013. Suara Etnis Yang Tak Boleh

Bersuara.

Take, Rohingya. 2009. “Perilous Plight.”

Thontowi, Jawahir, and Pranoto Iskandar. 2006. Hukum

Internasional Kontemporer.

United Nations Departemen of Public Information. 1993.

World Conference on Human Right, the Vienna

Declaration and Programme June 1993. Komisi

Nasional HAM, 1997.

Veen, Rianne ten. 2005. Myanmar’s Muslims : The

Oppressed of the Oppressed 9.

Wahid, Abdul, and Muhammad Irfan. 2001. Perlindungan

Terhadap Korban Kekerasan Seksual: Advokasi Atas

Hak Asasi Perempuan. Bandung: Refika Aditama.

Yuliatiningsih, Aryuni. 2013. “Perlindungan Pengungsi

Dalam Perspektif Hukum Internasional Dan Hukum

Islam (Studi Terhadap Kasus Manusia Perahu

Rohingya).” Dinamika Hukum Journal 13 (1): 161–67.

Zada, Khamami. 2017. “The Rohingya’s Muslim Asylum

Seekers in Southeast Asia: From National to

International Law Perspective.” Ahkam Jurnal Ilmu

Syariah 17 (1): 3–5.

ICRI 2018 - International Conference Recent Innovation

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