III. The International Legal Framework 60 On September 6, 2018, the International Criminal Court (ICC) Pre-Trial Chamber I ruled that the ICC may exercise jurisdiction over the alleged deportation of Rohingya from Myanmar to Bangladesh, marking the first time the Court has exercised jurisdiction over crimes involving Myanmar.247 Later, the Government of The Gambia brought a case before the International Court of Justice (ICJ) alleging Myanmar committed the crime of genocide against Rohingya.248 The violations documented in this report demonstrate that the crimes and violations associated with the NVC process amount to genocidal acts and should be considered as such in ongoing investigations and legal proceedings. 59–72; Fortify Rights and the U.S. Holocaust Memorial Museum, “They Tried to Kill Us All.” The FFM similarly found “sufficient information to warrant the investigation and prosecution of senior officials in the [military] chain of command” for the crime of genocide against Rohingya in Rakhine State. OHCHR, “Myanmar: Tatmadaw Leaders Must be Investigated for Genocide, Crimes Against Humanity, War Crimes–UN Report,” August 27, 2018, https:// www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail/aspx?NewsID=23475&LangID=E. 247 Decision on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute, International Criminal Court, ICC-RoC46(3)-01/18-37, Decision (Pre-Trial Chamber I), September 6, 2018, para. 61. 248 International Court of Justice, “The Republic of the Gambia Institutes Proceedings against the Republic of the Union of Myanmar and Asks the Court to Indicate Provisional Measures,” November 11, 2019, https://www.icj-cij.org/ public/files/case-related/178/178-20191111-PRE-01-00-EN.pdf.

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