INTERNATIONAL LAW Regarding conflict in Syrian and Rohingya. the history, how the conflict happened, respons from the worldwide countries and suggestions for the solutions.

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1.0 INTRODUCTION
Have you ever wondered when the war will finally cease? Is it possible for us and our
future generations to live in a world where only peace exists? War was created since the
beginning of human race due to many reasons, which most of the reason is to satisfy the
human greed. It got worse by time as human began to create new weapons through
technology such as nuclear bomb which could give a massive damage to any country in just a
blink of an eye like what had happened to Nagasaki and Hiroshima in Japan during the World
War II.
It is important to know that every single time war is declared, loss of lives will be the
greatest effect to each country other than economic loss, destruction of properties, and et
cetera. This was shown during the bombing in Nagasaki and Hiroshima by United States
during World War II had killed more than 200, 000 people. Meanwhile during Iran-Iraq war,
the number of civilian deaths had reached 175,487 from year 2003 until 20161. On the other
hand, civil war in Syria has shown that since year 2011, 11.5% of Syria’s population has been
killed which amounted to more than 470, 000 deaths until now2. The statistic has shown that
during Syrian civil war, about 400,000 deaths were directly due to violence, while the
remaining 70,000 fell victim to lack of adequate health services, medicine, especially for
chronic diseases, lack of food, clean water, sanitation and proper housing, particularly for
those displaced within conflict zones3. In addition to that, we can also see the loss of lives
during conflict of Rohingya. UNHCR has declared that since 2014 more than 1,100 refugees
who have departed by sea from Bangladesh or Myanmar have died, and an additional 1,000
people who were thought to be at sea in May of that year, remain unaccounted for4. Even
though the conflict in Myanmar and civil war in Syria is not to be considered as war among
states, and only relates to the internal state disputes, however, the great number of refugees
flee from that place and high number of death toll is considered as the international problem
1 Statista | Number of documented civilian deaths in the Iraq war from 2003 to 2016.Retrieved on 15th May
2016,from http://www.statista.com/statistics/269729/documented-civilian-deaths-in-iraq-war-since-2003/
2 Boghani,P. (2016). A staggering new death toll for Syria’s war - 470,000.Retrieved on 15th May 2016,from
http://www.ps.org/wgbh/frontline/article/a-staggering-new-death-toll-for-syrias-war-470000/
3 Black,I. (2016). Report on Syria conflict finds 11.5% of population killed or injured. Retrieved on 15th May
2016,from http://www.theguardian.com/world/2016/feb/11/report-on-syria-conflict-finds-115-of-
population-killed-or-injured
4 Philip,J.V. (2015). Amnesty International says Rohingya death toll higher than UN estimates. Retrieved on
15th May 2016,from http://america.aljazeera.com/articles/2015/10/21/amnesty-report-on-rohingya-migrant-
deaths.html

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as it led to another huge issue, which is flooding of refugees to another country. This
happened, because their place and hometown no longer safe to live.
The massive effects of wars as mentioned above, has led to the establishment of
United Nations5 where its main objectives are for preserving peace and promoting social,
economic and political cooperation among all nations6. Basically, international law is a body
of rules that States and other subjects of international law ought to follow and binding upon
them. Traditionally, it considered as a law that governs states in their relation with each other.
However, according to Oppenheim, international law not just binds the states only but also
international organization, entities and to certain extends some individuals7.
In this research, we are going to focus mainly on the latest topic that are being
debated upon nowadays which are about implication of immigration8 and state
responsibilities. This topic will mainly focus on the issue of the civil war in Syria and also
conflict of Rohingya. Both of this issues actually has existed long time ago even though it
just came to our knowledge recently. That is why through this research, we are going to make
comprehensive disclosure about the history of conflict in Myanmar and also civil war that is
happening to Syria in order to let the readers know what had actually happened in those two
states, their historical backgrounds and also the reasons that triggered those issues to arise.
Apart from that, we are also going to reveal whether each of the abovementioned states have
violated the rule of international law and whether question of state responsibilities arise. In
addition to that, through this research, we will also unveil the current position of Rohingya
people and Syrian civilian as well as the effects of immigration to the other country
especially the neighbouring country.
In this report, we also would like to highlight our main objectives in conducting this
research which is to do a thorough discovery regarding conflict of Rohingya and civil war in
Syria, and then focus on how to overcome these problems with reference to the international
legislations especially UN Charter and also based on decided cases. This is of course an effort
5 Established on 24th October 1945 after World War II
6 Ghai,K. K. (n.d.). United Nations: Objectives and roles of United Nations. Retrieved on 15th May 2016,from
http://www.yourarticlelibrary.com/uno/united-nations-objectives-and-roles-of-united-nations/40332/
7 Abdul Ghafur Hamis., & Sein, K. M. (2011). Public international law: A practical approach, (3rd Ed.). Petaling
Jaya; Thomson Reuters MalaysiaSdn Bhd. Pg 2.
8 The process of comingto livepermanently in a country that is not your own. Oxford Advanced Learner’s
Dictionary.

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to find the solutions to the uprising problems that arose from the conflict of Rohingya and
civil war in Syria in hoping for the peaceful nations to live in.
2.0 CONFLICT IN SYRIA
2.1 History- The Chronology of Civil War in Syria
2.1.1 The al-Assad’s regime
The al-Assad’s dynasty in Syria begins in 1970 with the reign of Hafez al-Assad9.
Hafez, as a Muslim of the Shiite view, is battling the Sunni Muslim in the country which is
the majority religious group in Syria of 74% of the population10. He is also known for his
ferocity towards political protest against his government. This is seen in the battle against the
Ikhwanul Muslimin in 1982, which had killed more than 20,000 people. The Basyar al-Assad
regime begins after his father demised11. Initially, he was expected to reform the regime of
his late father but, to the people dismay it turns out to be a dictatorship reign. Throughout the
dynasty, uprising of the people constantly happen due to the brutality conserve by these
dictators.
An incident which took place on March 2011 marks the set in of a war in Syria when
a group of children was held captive by the government for being involved in drawing the
anti- government graffiti. This incident which happened at the southern city of Syria had
infuriated the people, leading to a series of resistance to take place later in many locations
around the country. In order to put the situation back in control, the al-Assad’s military had
used violence to stop resistance, resulting many being killed by the random shooting of the
government army. Violence increased after the opposition launched a counter-attack in the
neighboring area. The Assad’s military forces and the Free Syrian Army (FSA)12 often
clashed, causing the number of casualties to increase day by day. At first, the opposition
groups only demands for reformation in the government and not the resignation of
9 Bröning, M. (2011). The foreign affairs: Thesturdy house that Assad built. Retrieved on 15th May 2016,from
https://www.foreignaffairs.com/articles/syria/2011-03-07/sturdy-house-assad-built
10 (n. a.). (n. d.). (2006).Syria - International ReligiousFreedom Report 2006.Retrieved on 28 April, 2016
from, http://www.state.gov/j/drl/rls/irf/2006/
11 (n.a.). (2012). Memahami pergolakan di Syria. Retrieved on 15th May 2016, from
http://www.sinarharian.com.my/rencana/memahami-pergolakan-di-syria-1.31733
12 A group of defected Syrian Armed Forces officers and soldiers with the goal to bringdown the Assad
government.

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Assad. But, after the regime launched a violent attack, they start holding protests to
overthrow the president.
Throughout its reigning, the governmental forces is said to be responsible for acts of
torture, unlawful killing of civilians, failing to distinguish between military and civilian
personnel and objectives, attacking numerous hospitals, arbitrary arrests, kidnapping, sexual
violence against women, and also illegal use of chemical weapons.
Various measures have been taken by countries and international organizations to
defuse tensions escalating in the country but to no avail. The number of victims continues to
rise, forcing hundreds of residents to flee to the neighboring country such as Turkey, Jordan
and Lebanon.
2.1.2 The ISIS intervention in Syria
Since 2013, an organization known to the world as ISIS/ ISIL/ IS had become the
third force that fight over Syria, after the al-Assad regime and the FSA. ISIS is the
abbreviation of the Islamic State of Iraq and Syria which was formerly a fraction from the Al
Qaeda movement, during the Iraqi insurgency in 2003. This organization is led by Abu Bakr
al-Baghdadi who claimed himself as the caliph (leader) to the all the Muslim states around
the world. Since the outbreak of the Syrian Civil War in 2011, the ISIS delegated a mission to
Syria led by al-Baghdadi. As of 2014, the ISIS is no longer part of the al-Qaeda as the leader,
al- Zawahiri had refused to recognize the establishment of ISIS.
Throughout its occupation in Syria, the ISIS had done massive destruction to the
country, not only on the buildings and facilities, but also the people. The crime towards
people does not only limit to the locals but also foreigners. There had been many cases
reported on kidnap, rape and killing of humanitarian activist, media people and other
foreigner who stayed in Syria. The people in Syria had suffered from human right abuse and
war crime in various ways. As of June 2014, United Nations reported that ISIS had killed
hundreds of prisoners of war and more than 1,000 civilians.
The people who lived in the areas where ISIS is in power are compelled to live
according to the ISIS version of Sharia law interpretation13. Many reports stated that the
13 McCoy, T. (2013). ISIL, beheadings and the success of horrifying violence. The Washington Post.

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group had been using death threats, torture and mutilation to compel conversion to Islam.
Other crimes include sexual violence, slavery14, and execution by way of crucifixions,
burning people alive, and throwing people from tall buildings15.
Till this date, there has been no measure that is fully effective was carried out to take
down the ISIL. Even the airstrikes by the United States does not seem to slow down the
spreading of occupation of this group around the nation and the neighboring area.
2.2 Issue (state responsibility)
In applying the international law to the current situation in Syria, one must first
confirm whether the Syrian government had, by any means violated the International Law?
At the first look, it does not seems so as the war inside the Syria only involved the
government itself with two anti-government groups, the FSA and the ISIS which therefore,
making it an internal issue that should not be intervene by other body or organization.
However, with the use of chemical weapons against the civilians, the government had
contradicts the laws of conduct of armed conflicts, the jus in bello norms.
The UN General Assembly had approved the Chemical Weapons Convention (CWC)
in 1992, prohibiting nations from producing, stockpiling, and using chemical weapons. This
had become a customary international law. As of 2013, 189 states have ratified the CWC
with five non-signatory states, including Syria. Although not a party to the CWC, Syria is still
restricted from using the chemical weapons in the war since the 1949 Geneva Conventions
and their Additional Protocols in the international treaties that deals with the protection of
civilians during conflict bound that all parties to the Syrian civil war to distinguish between
civilians and military personnel. In addition, the International Committee of the Red Cross
(ICRC) had published a compendium in 2005 about customary international law governing
armed conflicts that includes the prohibition of chemical weapon usage in conflict16.
Therefore, the issue of state responsibility is not a question here as the Syrian civil war does
not involved any other country apart from Syria itself.
14 Saul,H. (2015).Isis Raqqa wives subjected to 'brutal' sexual assaults after marrying militants. The
Independent (London).
15 Saul,H. (2015). Isis publishes penal code listing amputation, crucifixion and stoning as punishments – and
vows to vigilantly enforce it. The Independent (London).
16 Juan, C. P. (2013). The Syrian conflict through the lens of international law. Retrieved on 15th May 2016,from
http://www.fletcherforum.org/2013/08/01/portilla/

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The state responsibility of Syria in regards to ISIS does not seem to be discussable as
the ISIS is an independent organization which shall not be attributable to the country.
Professor Abdul Ghafur Hamid in his book17 stated that the conduct of private persons and
entities that is not part of the state organ or governmental authorities shall not be attributable
to the state. In principle, there are two requirements that have to be fulfilled to establish the
state responsibility namely, the attribution of conduct to the state and breach of an
international obligation by the state. Generally, a state organ is recognized as acting on behalf
of the state and its conduct is understood as an act of the state. This is why the state holds
responsibility towards the action or omission of the organ. However, this does not apply to
ISIS as it is an independent organization, not supporting or supported by the government. In
other words, any conduct by private persons under their own private capacity shall not be
leaned on the state.
Abdul Ghafur Hamid also mentions that the conduct of an unsuccessful or on-going
insurrection, in this case may be referred to the ISIS, can be assimilated to that of a private
individual action. Thus, the state will not take liability to its action unless the state itself had
proven to be in breach of good faith or had negligent in suppressing insurgency, which the
Assad regime had not.
In the case of Missionary Society Claim18, the natives of Sierra Leone had resisted the
implementation of new tax by the British by attacking and destroying all the United States
Missions, and killing some of the missionaries. It was held that, the state shall not take the
blame for the act of some rebellious bodies which committed violence with its own capacity,
in consistent with the well-established International Law principle that was highlighted
previously.
In another case19, when an Italian sought for compensation from Venezuela for the
loss he incurred during the unsuccessful revolutionaries in the state, it was held that the
existence of such rebellion itself is to overthrow the government and is beyond the power of
the authorities. Therefore, it is unreasonable to put the liability on the state for the act done
outside its volition, unless and until it can be proven that the state had not properly exercised
its power to stop such rebellion.
17 Abdul Ghafur Hamid., & Khin,M. S. (2011). Public international law: Practical approach (3rd Ed.). Selangor:
Thomson Reuters MalaysiaSdn Bhd.
18 [1920] 6 RIAA 42
19 Sambaggio case[1903] 10 RIAA 499

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2.3 Current position of Syrian civil war
As a result of the so many bloodsheds around the country, the Syrian has been forced
to flee their homes for it is no longer safe for them to stay. The pattern had previously shown
that the refugee opted to flee to the neighboring countries such as Turkey, Jordan, Iraq and
Lebanon that provides tens of refugee camp for the Syrian such as the Ceylanpinar-Telhamut
camp and Kahramanmaraş refugee camp in Turkey20 and also, Mrajeeb Al Fhood refugee
camp and Zaatari camp for Syrian refugees in Jordan.
However, the trend today had changed where European countries seems to be more a
favorable destination for them due to the overwhelming number of refugee in the neighboring
states. The Germany is very active in granting asylum to the Syrian that it was reported in
2015, more than 880, 000 applications had been made by the Syrian to obtain asylum across
the EU member states with almost 45% was lodged in Germany21. Other states that are
reported to be accepting the Syrian refugee in their country are, inter alia, Sweden, Denmark,
Switzerland, Netherland, Norway, and Belgium22.
An online newspaper reported that the US governors’ gives a mixed response on the
entrance of Syrian refugee to the country, as it had accepted a number of them. Majority of
them opposes the idea of getting more refugee inside the country as it is feared that it will
take its toll on the national security. President Barrack Obama on the other hand, had
criticized the anti-refugee approach as being “un-American”.
Generally, the Americans are not too fond with the idea of allowing the Syrian
refugee to enter their country due to the fear that the Paris attack might repeated itself in
America. The Islamophobia that vigorously spreads throughout the country after the
September 11 incident is also not of any help to the current situation. However, as far as
America is concern, the fear deemed to be groundless23 as the Syrians flown to the country
20 UNHR Government of Turkey | Syria Regional Refugee Response. Retrieved on 15th May 2016,from
http://data.unhcr.org/syrianrefugees/country.php?id=224
21 LifelineSyria | Facts and Statistics.Retrieved on 15th May 2016,from http://lifelinesyria.ca/facts-and-
statistics/
22 Lauren, G., Patrick,K., & Alberto, N. (2015). Syrian refugees in America: separating fact from fiction in the
debate. Retrieved on 15th May 2016, from http://www.theguardian.com/us-news/2015/nov/19/syrian-
refugees-in-america-fact-from-fiction-congress
23 Alan, Y. (2015). Should Americans fear those attacks like in Paris? Retrieved on 15th May 2015,from
http://www.theguardian.com/us-news/2015/nov/18/should-americans-fear-an-attack-like-what-happened-in-
paris

8. 8
are the most strictly vetted group of people currently allowed to enter the US, according to
the State Department.
The effect of migration to the economy of the country who received the refugee is
discussed in a study by the OECD’s International Migration Outlook. Basically, the net direct
contribution of migrants is smaller the locals as they are paying less taxes for their lower
level of employment.
Nevertheless, the entrance of these refugees had been proven to beneficial the host
countries’ economy, as experienced by the Lebanon, Jordan and Turkey who had been
hosting the migration of the Syrian refugee way before the European countries did. It was
reported that the economies of these countries continues to grow after the entrance of the
refugee. The Lebanese is enjoying an estimated increase of 25% in its real GDP this year,
despite the negative impact on its tourism and investment industry due to the war outbreak in
the Syria24. The massive entrance of the refugee to the country also increases the demand for
local services, savings and international humanitarian aid.
The Turkey stated that the incoming of Syrian refugee had substituted the use of local
workforce in the informal and part time sector. This however, increases the rates of
employment of local Turkish in formal sector, leading to higher rate of average wages. This
therefore rejected the view that the entrance of these refugees will negatively affect the
economy of the local by stealing the job opportunity of the locals.
It was further explained that a wealthy, open and de-regularized society will needs
more migrants labor and if the migrants are deny entrance through the legal channels, they
will be brought into the country through illegal channel by way of smuggling to meet the
needs and demand for these labor.
But, in another report by the BBC25, it was told that the massive number of migration
into Lebanon had negatively affected the locals, as stated by Patricia Mouamar, an advocacy
and communications officer in the World Vision Lebanon. She reported that the Lebanese
employer are firing the local worker to fill in the position will the Syrian worker, as they are
willing to be paid for less. Many Syrians are also getting into debt. They asks for things like
24 Cassidy,J.(2015). The economics of Syrian refugees. Retrieved on 15th May 2016,from
http://www.newyorker.com/news/john-cassidy/the-economics-of-syrian-refugees
25 (n.a.). (2013). Viewpoints: Impact of Syrian refugees on host countries. Retrieved on 15th May 2016,from
http://www.bbc.com/news/world-23813975

9. 9
bread, rice and beans in small shops but are unable to pay for them, which eventually left the
Lebanese- owned shop with negative account. She also strengthens her view by assuming that
the future will not be very optimistic for both parties as poverty will leads to tension.
The massive migration of Syrian had also affected the Lebanese in their social life.
The Lebanese had been sharing almost everything that they enjoyed in the country, from the
utilities, infrastructure and education system with the Syrian since the beginning of the Syrian
war. However, there has been increasing tension among them. The drastic increase in
population gave a lot of pressure on the health services and education services.
The issue had been very clear at school where the children from both countries have
different levels of ability. Obviously, the Syrian children who had left school for a long time
will have a hard time to catch up with the lesson, leaving the Lebanese student feeling left out
in the class as the teacher will have to pay more attention on the Syrian children.
There are also space issue and lack number of teacher. Since there is not enough space
for everyone, the teachers are forced to work longer hour to divide the teaching hour into two
sessions where they will be teaching the Lebanese for half a day and the Syrians in the
second half.

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3.0 CONFLICT OF ROHINGYA
3.1 Historical Background of Rohingya People in Myanmar (Burma)
Rohingya people (minority muslims) are one of the unrecognized ethnic groups
stipulated under the Government of Myanmar (Burma). This ethnic had been denied of its
citizenship since year 1982 when General Ne Win's government enacted the Burmese
Nationality Law as they claimed that Rohingyas are not Burmese26. According to Professor
Imtiaz Ahmed, a group of scholars suggest that Rohingyas are the descendants of Moorish,
Turk, Pathan and Bangali soldiers and migrants who arrived between the 9th and 15th
centuries27. Somehow a smaller group of scholar claims that Rohingyas are the descendants
of the people of Chittagong (Bengalis) but significant number of scholar agree that the history
of Rohingyas begin in the earlier 7th to 8th century.
During the 8th century, it was recorded that Muslims were probably arrived in the
kingdom of Arakan (Rakhine) and its composition were mostly seafarer and traders from the
Middle-East. In 16th to 17th century, Arakanese launched regular raids into neighbouring
Bengal where thousands of Bengali Muslims were captured by the marauding Arakanese.
According to the article entitled ‘The Rohingyas: The Most Persecuted People on Earth’,
some of the Bengali Muslims were forced to serve in the king of Arakan’s army and others
were sold as slaves and yet more were forced to settle in Arakan28.
During the year 1785, the kingdom of Arakan then was conquered by the Burmese
king. At this time there was a little tension between the Muslims and the Arakanese. In 1825,
the kingdom of Arakan was again being conquered by the British. As Arakan and Burma
were administered as part of British India, thousands of Bengalis came into Arakan to work.
This mass immigration had boosted the colonial economy somehow the local Arakanese
resented it as they believed that their jobs and lands were taken by the Bengalis whom to
them those people are illegal immigrants.
In 1942, there was a civil conflict which constituted a bitter fighting between Muslims
and the local Buddhist Arakanese as the Japanese invaded. During this period the political
affiliation of the Arakanese became clear as the Arakanese Buddhists (Rakhines) supported
26 The Economist: Myanmar’s Rohingyas No help, please,we’re Buddhists
27 The Rohingyas:From The Stateless To Refugee
28 The Economist: Rohingyas,The Most Persecuted People On Earth

11. 11
the Japanese while the Arakanese Muslims (Rohingyas) supported the British29. By year
1948, Burma later obtained independency from Britain and renamed as Myanmar.
In post-war Burma, the Rakhine, like the other 135 officially recognised ethnic groups
of the country such as the Kachin, Karen and Chin, were discriminated against by the
Burmese military governments as one of the Rakhine politicians claimed that they are the
victims of Muslimisation and Burmese excessive patriotism. Therefore, Myanmar’s post-
independence governments saw themselves as the victims of British colonial oppression so
both the Rakhine and the Burmese authorities have been more concerned with their own
sense of victimhood than any claims of the Rohingyas. This is why until now the Myanmar’s
governments have never granted the Rohingyas with citizenship or even recognized them as
an indigenous ethnic group.
3.2 Chronology of 2012 Rakhine State Riots Which Lead to 2015 Rohingya Refugee
Crisis
The 2012 Rakhine State riots were a series of conflicts between ethnic Rakhine
(Buddhists) and Rohingya (Muslims) in northern Rakhine State, Myanmar. The riots came
after weeks of sectarian disputes including a gang rape and murder of a Rakhine woman by
Rohingyas and killing of ten Burmese Muslims by Rakhines30. On 10 June 2012, Rohingyas
started to burn Rakhine's Buddhist and other ethnic houses after returning from Friday's
prayers in Maungdaw township. It was recorded that many residents have been killed in a riot
by Rohingya Muslims. According to state TV, the state of emergency was declared in
Rakhine which allowing the military to participate in administration of the region in order to
response to unrest and terrorist attacks and intended to restore security and stability to the
people immediately31.
Afterwards, realizing the insecurities and worrying towards the increase of Rohingya
people, Burma’s Minister of Home Affairs, Lieutenant General Ko Ko, stated that the Border
Regions Immigration Inspection Command Headquarters is tightening the regulations in
order to handle travelling, birth, death, immigration, migration, marriage, constructing of new
religious buildings, repairing and land ownership and right to construct buildings of Bengalis
29 Ibid para 2
30 Rape-Murder of a Buddhistgirl by Muslims led to riots:Myanmar Ambassador
31 Q&A: Unrest in Burma's Rakhine state". BBC News. 11 June 2012.Retrieved 3 May 2016

12. 12
under the law. This means, Myanmar is likely deny the Rohingya community and its
fundamental human rights.
In late October 2012, violence between Muslims and Buddhists in Myanmar broke
out again. According to the Burmese government, more than 80 people were killed, more
than 22,000 people were displaced, and more than 4,600 houses were burnt32. The outburst of
fighting brought the total number of displaced since the beginning of the conflict to 100,000.
The violence was said to begin in the towns of Min Bya and Mrauk Oo by the muslims, but it
was spread across the state. Though the majority of Rakhine state's Muslims are Rohingya,
Muslims of all ethnicities were reported to be targets of the violence in retaliation.
3.3 Issue
The conflict happened in Myanmar was basically on the basis of the right of
citizenship of Rohingya people. The effect of the Burma Citizenship Law 1982 is seems to
make it almost impossible for the Rohingya to gain citizenship as the Burma Citizenship Law
1982 created three categories of citizens consist of citizens, associate citizens and naturalised
citizens33. Full citizenship is restricted to nationals of specific ethnic groups who settled in
Burma prior to 1823. Burma does not consider the Rohingya to be a national ethnic group.
The Rohingya are therefore excluded from full citizenship. Meanwhile, as for the Associate
citizenship, it only applies to individuals who had already applied for citizenship under the
Union Citizenship Act 1948. The deadline for applying for associate citizenship passed on 15
October 1982. Few Rohingyas are believed to have applied while the rest were unaware of
the 1948 Act. Naturalised citizenship may be applied by the individuals and their offspring
born within Burma. Pursuant to the law, Rohingya are not stipulated within the scope of
citizenship provided.
32 Burma violence: 20,000 displaced in Rakhinestate. BBC News. 28 October 2012.Retrieved 1 Ma y 2016.
33 Burma Citizenship Law1982

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3.4 Current Position
Due to the violence between the two groups broke out in 2012, it was estimated about
120,000 people to flee out from the country. Since 2012, the region's displaced population,
mostly Rohingya, has been forced to take shelter in squalid refugee camps. Approximately
140,000 Rohingya are still housed in camps in western Myanmar34. However, thousands of
Rohingya choose to flee out from the country due to the fleeing repression and extreme
poverty. According to the International Organization for Migration (IOM) it was recorded
that more than 88 thousand migrants have taken to sea from the Bay of Bengal since January
2014.
According to UN High Commissioner for Refugees (UNHCR) it was estimated that
many Rohingya have sought refuge in nearby Bangladesh, which hosts more than thirty two
thousand registered refugees and more than two hundred additional unregistered Rohingya
refugees are believed to live in the country.
Meanwhile, it was also estimated that more than 137,000 refugees from Myanmar
were registered in Malaysia as of September 2014 including tens thousands of Rohingya. The
Global Emergency Overview, which tracks humanitarian crises, tallied more than 40,000
unregistered Rohingya as of last December, but activists say there are roughly an equal
number of unregistered Rohingya in the country. Kuala Lumpur has recently signaled a
growing unease with the migrant influx. In May 2015, Malaysian Deputy Home Minister
Wan Junaidi Jafaar stressed out that our local government has treated migrants humanely but
they cannot be flooding our shores like this35.
Furthermore, the Rohingya have also begun to seek refuge in Indonesia although the
number of refugees there remains relatively modest, with an estimated two thousand
Rohingya as of June 2015. Earlier in May, Indonesia's military chief expressed concerns that
easing immigration restrictions would spark an influx of people36.
34 Eleanor A. The Rohingya Migrant Crisis. 17 June 2015.Retrieved 1 May 2016
35 Eleanor A. The Rohingya Migrant Crisis. 17 June 2015.Retrieved 1 May 2016
36 Ibid

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3.5 Resolution (State Responsibilities)
In September 2005, the UN General Assembly in its statement during the Outcome
Document to the 2005 World Summit stated that each individual State has the responsibility
to protect its populations from genocide, war crimes, ethnic cleansing and crimes against
humanity. This responsibility entails the prevention of such crimes, including their
incitement, through appropriate and necessary means. UN accepts that responsibility and will
act in accordance with it. Where an individual state fails to protect its population, it falls upon
the international community to do so in example the international community, through the
United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and
other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect
populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this
context, UN also are prepared to take collective action, in a timely and decisive manner,
through the Security Council, in accordance with the Charter, including Chapter VII, on a
case-by-case basis and in cooperation with relevant regional organizations as appropriate,
should peaceful means be inadequate and national authorities manifestly fail to protect their
populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
In Malaysia, the UN refugee agency has registered more than 35,000 Rohingyas over
the years, and believes there are more out there37. While UNHCR provides documentation,
and support for the most vulnerable among them, a lot of support comes from the community
itself. Those who came earlier are now hosting relatives and fellow villagers who have
arrived more recently. Malaysia seems basically cares for ‘refugee’ as well due to their
countryless status as the Myanmar government does not recognize the citizenship of the
Rohingya. However, under present legislation it was clearly stated that refugees are not
permitted to be employed in any job sector as they are all categorized as illegal migrants.
Further, the Rohingya also do not possess any travel documents or passports to enable job
facilities to be arranged, which automatically makes them illegal occupants in the country,
and it is illegal to hire illegal immigrants to work. Therefore, Deputy Prime Minister Ahmad
Zahid Hamidi previously told the parliament that the proposal upon the issue of refugee will
take into account the safety, security, legislation, documentation and welfare of Rohingya
37 Rohingya In MalaysiaOpen Doors To Newcomers. 28 April 2014.Retrieved 5 May 2016

15. 15
who have been granted refugee status by the United Nations High Commissioner for
Refugees (UNHCR)38.
4.0 ANALYSIS OF LAW
4.1 The Link between Migration and its Implication
Throughout history, migration has been a fact of life. The reasons people migrate are
varied. Basically, migration comes into picture in two ways, either by voluntarily or
involuntarily. Thus, it is important for us to realize on the difference between the terms
‘migrant’ and ‘refugee’39. A migrant is a person who makes a conscious choice to leave their
country to seek a better life elsewhere. This means, he makes the decision after considering
certain factors such as their new home and employment opportunities. Also, they are free to
return home if they had changed their minds or if things do not work out as they had hoped.
On the other hand, refugees are forced to leave their country because they are at risk of, or
have experienced persecution. Relatable aspects will concern on human rights and safety, not
economic advantage. They leave behind their homes while some are forced to flee with no
warning. They might also have experienced significant trauma or been tortured or otherwise
ill-treated.
International Law provides protection for those people regardless of how they arrive
in a country and for what purpose, migrants, refugees and asylum-seekers’ rights. For
instance, the Universal Declaration of Human Rights (Article 14), states that everyone has the
right to seek and enjoy asylum from persecution in other countries. Also, the 1951 UN
Refugee Convention protects refugees from being returned to countries where they risk
persecution. Besides the law, there are many organizations which concern on humanitarian
law takes initiative on upholding this group’s rights. For example, Amnesty International has
been working with refugees and migrants for decades. They did from helping to prevent
38 MalaysiaMullsOpeningJob Market To Rohingya Refugees. 17 November 2015. Retrieved 5 May 2016
39 Settlement Services International (SSI) website. SSI is a community-based, not-for-profit humanitarian
organisation providinga rangeof services in the areas of humanitarian settlement, accommodation,asylum
seeker assistance,multicultural foster care,disability supportand employment services in NSW. Retrieved on
15th May 2016,from http://www.ssi.org.au/faqs/refugee-faqs/148-what-is-the-difference-between-a-refugee-
and-a-migrant

16. 16
refugees being returned to be persecuted to protecting the most vulnerable migrants from
being exploited and abused by their employers, traffickers and smugglers.40
4.1.1 Laws Concerning Migration
Article 14 UDHR
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked from non-political crimes or from acts contrary to the
purposes and principles of the United Nations.
Article 14 of the Universal Declaration of Human Rights marks the end of the first
phase and the beginning of the second phase in the refugee policy of the 20th century. The
international community should also request countries to afford protection to the individuals
who are subject to human rights violations and thus, "the right to seek and enjoy asylum from
persecution" became the 14th human right.41 Article 14 provides clear direction and guidance
in respect of the issue of "right to refuge".
Other than that, the 1951 Refugee Convention by UN is the key legal document of
today’s international refugee protection.42 It defines who is a refugee and the kind of legal
protection refugees should receive from the states that have signed up to it. Based on the
provision in the Convention, refugees should not be returned to a country where they fear
persecution. It also provides on refugees’ obligations towards their host government and
spells out that certain categories of people such as war criminals, shall not qualify for refugee
status.
40 Amnesty International is a global movement that is campaigningfor a world where human rights are
enjoyed by all. https://www.amnesty.org/en/
41 Adapted from Morten Kjaerumin Asbjorn Eide et al,Eds., The Universal Declaration of Human Rights: A
Commentary (1992) 218.
42
UDHR website http://www.unhcr-centraleurope.org/en/resources/conventions/refugee-convention.html

17. 17
4.1.2 Conflict in Syria and Rohingya
Based on the conflicts occurred in Syria and Rohingya, we spot the similar causes had
led to the impactful incident in both states which are violence. As in Syria, it began with the
clash from the Assad’s military forces and the Free Syrian Army (FSA) before the Islamic
State of Iraq and Syria (ISIS) came into intervention. Two phases of these events had
involved humanitarian rights being violated. The governmental forces is said to be
responsible for acts of torture, unlawful killing of civilians, attacking numerous hospitals and
few other destructions caused. On the other hand, in the case of Rohingya, the basis of the
right of citizenship of Rohingya people is the root toward the conflict. For instance, violence
between Muslims and Buddhists in Myanmar in 2012 had rendered more than 80 people
being killed, more than 22,000 people were displaced, and more than 4,600 houses were
burnt.
Due to these reasons, migration then takes place among the people. This refugees do
not feel safe and left with no option except than leaving own state. The effect of migration
mainly is centered on the economy of the country who received the refugee. There might be
pros and cons in this regard. For example, the entrance of these refugees had been proven to
beneficial the host countries’ economy, as experienced by the Lebanon, Jordan and Turkey.
Nonetheless, the Lebanese employer opted for Syrian worker instead of local people as they
are willing to be paid for less. Also, the massive migration of Syrian had also affected the
Lebanese in their social life especially in education system where its own children seem to be
left out in order to give priority to the Syrian children.
However, the significant of migration of the Rohingyas is to be looked at a positive
view as they demanded a place for shelter and safety. Until now the Myanmar’s governments
have never granted the Rohingya people with citizenship or even recognized them as an
indigenous ethnic group. Therefore, they are forced to move out of the State to seek refuge at
another country.
The people of both sides are having a hard time coping with the frustration from the
migration. The international community really needs to give aid and assistance to both sides
and the government should play its part by taking the leadership role to find a solution instead
of leaving the communities to deal with the situation. The effect of migration is likened to the
two sides of a coin. It can either be good, or bad according to our view on the matter and the
way we deal with it.

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4.1.3 Critics and Suggestions for improvement
The main legal provision that can be used to deal with this matter is the UN Charter.
The charter had made exception to the principle to outlaws war in the case of self-defense.
That, however, is inapplicable in the Syrian case as Article 51 of the UN Charter only
empowers a state to have legitimate use of force in conditions where it has been attacked by
any member of the UN. Since the FSA is not a member to the UN, such use of force is not
allowed.
The UNSC also recognizes the use of force in order to maintain the international
peace and security. Moreover, a country also holds the responsibility to protect policy (R2P)
where a country have to protect its own people from genocide, war crimes, ethnic cleansing,
and crimes against humanity. Failure to do so may results to interference from other countries
by collective actions to stop the killings. But, since there is no treaty on the R2P, any
collective action to be taken must come with the UNSC authorization.
For the conflict in Syria, The UN General Assembly (UNGA) could step in if the
UNSC refuse to authorize an intervention in Syria. However, to pass a resolution at the
UNGA will be complicated and time-consuming. Another option to help is by enforcement
actions against Syria by the Western powers, as it what happened on Yugoslavia during the
Kosovo War. This would however violate the UN Charter. Therefore, the only possible legal
course to be taken is to get the UN authorization for an intervention in Syria.
On the other hand, for the conflict of Rohingya, it seems to be no solution in regards
to its country of origin. The current position would be, Rohingya people do not belong to any
State and also, no State is willing to take them to be part of its people. However, 1951
Refugee Convention provides as protection as it recognized the international scope of refugee
crises and the need for international cooperation and responsibility sharing among states.
Thus, the right of Rohigya people to seek and to enjoy in other countries asylum can be
maintained as in accordance with Article 14 UDHR.
The General Assembly has stressed that flows of refugees unleashed by one country
affect the entire international community. Indeed, this simple truth finds confirmation in the
fact that persons having lost the protection of their home State must be given a place to stay,
food, shelter and medical care. On that reason, the UN has created the office of the UNHCR

19. 19
in order to assist national governments in performing this task. It requires to be financed by
the members of the international community.
In addition to that, the international community can make use of the powers of the
Security Council to implement the responsibility of the State of origin provided that the
requirements for action in accordance with Article 39 of the UN Charter - a threat to or a
breach of the peace or an act of aggression are met. Intervention by the Security Council can
serve in particular to stop the actions that have set in motion.
In conclusion, the United Nation plays a vital role in ensuring all states obliged with
the state responsibility under the International Law. Therefore, the state in which the refugee
seeks for refuge has the responsibility to maintain and provide them with necessary
protection.

20. 20
5.0 CONCLUSION
In the nutshell, the issue immigration and refugees in other countries is not a new
issue, in fact it has existed for so long before came to our knowledge and became a hot
debated topic. Islamophobia making it worst as most of the western countries objecting the
immigration of muslim refugees into their country in order to avoid terrorist attack in their
country like what had happened during Paris attack. Even Donald Trump has said that he is
objecting such immigration to United States and suggested that only non-muslim refugees
should be allowed to enter their country. However, despites of opposition shown by few
people, there are actually more politicians who supporting the entrance of refugees to their
country like German, Turkey and also Lebanon. This has shown that the sense of humanity is
greater than fear of Islamophobia.
Apart from that, when it comes to the issue of state responsibility, we also can
conclude that state responsibility does not arise in Syria. Like has been mentioned earlier, the
act of terrorist or individual organization will not be attributable as conduct of state.
Therefore Syria shall not be liable for any attack and destruction caused by FSA and ISIS
even though the whole world seemed like blindly blaming Syria over this. On the other hand,
the issue of state responsibility arises in Myanmar as the country has responsibility to protect
people in their border, failing to do so amount to violation of international law. However,
there seems like no solution in Myanmar as they will not accept Rohingya as part of them.
Therefore, like has been mentioned, there shall be something done by the other countries and
the law itself to stop this kind of terrorist inhumane act both in the issue of Syria and also
Rohingya. The most thing other countries can do, is helping to aid the refugees and give them
shelter in their country. Even though this has been done by few countries, but still lot other
countries has been opposed in accepting refugees to their border. We are not supposed to shut
our eyes and keep silent about this especially on what is happening in Syria just because we
are not the victim to it. We do not know when our peace in the place we are staying would
end. Our country also might be a target for terrorist attack and when that happened, it would
be sad if the world would not do anything about it. It all comes to humanity in accepting the
refugees in each country therefore, support shall be given.
In addition to that, it must be noted that by just accepting the refugees entering other
countries, will not stop the cruelty done by FSA and ISIS. The law must be used against them
and not just because they are not party to United Nations, meaning that we can just let it be.

21. 21
Therefore the only possible course of action that can be taken to end the civil war in Syria is
through get UN authorization for intervention, and also with the use of Article 39 of UN
Charter which stated that intervention by Security Council to stop the act of violence and
aggression.
Last but not least, we shall not just let what is happening to Rohingya and Syrian by
doing nothing about it. Some people who has fear of Islamophobia especially thought that
muslims in Syria deserve it because they are the cause of terrorist act, and some people
thought it is Rohingyan people who caused the conflict in Myanmar happened. But, that shall
not be reason for us to let it happen. Mahatma Gandhi had said that an eye for an eye will
make the whole world blind. Therefore, instead of blaming each other, why not we help each
other? We do not know when our time will come. If the whole world cooperates in protecting
people of the other nation and fight together to wipe out terrorists, there will surely be peace
ahead of us without any conflict and war. Like what has been said by Elbert Einstein, peace
cannot be kept by force, it can only be achieved by understanding.

22. 22
6.0 REFERENCES
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Universal Declaration of Human Rights Document
1951 UN Refugee Convention
Burma Citizenship Law 1982
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