(iv) Conditions of life: genocidal intent With regard to the question of genocidal intent, the 2016 ICTY Karadzic judgment held that, ‘In the absence of direct evidence of whether the conditions of life imposed on the group were deliberately calculated to bring about its physical destruction, a chamber can be guided by the objective probability of these conditions leading to the physical destruction of the group in part. The actual nature of the conditions of life, the length of time that members of the group were subjected to them, and the characteristics of the group such as its vulnerability are illustrative factors to be considered in evaluating the criterion of probability. [emphasis added]’xcviii In 2018, the UNUNFFM found that there were reasonable grounds to conclude that this genocidal act had taken place, considering numerous illustrative factors such as the oppressive and systemic restrictions on all aspects of life over a long period of time amounting to persecution of the Rohingya; the systematic expulsion of Rohingya from their homes in repeated cycles of mass violence; and pervasive sexual violence by the Tatmadaw.xcix More than 130,000 members of the Rohingya group, over half of whom are children, continue to be subjected to the squalid conditions of life in prolonged arbitrary detention as outlined above. Rohingya in the camps have already endured a decade of such treatment after being expelled from their homes in State-orchestrated violence in 2012. In its 2020 provisional measures order, the ICJ recognised the Rohingya remaining in Myanmar as ‘extremely vulnerable’.c Since the measures were ordered, the military authorities in Myanmar have progressively tightened restrictions on those in the camps rather than easing them, adding additional layers of bureaucracy that severely limit humanitarian access. These factors would appear to indicate an ongoing genocidal act calculated to bring about the physical destruction in whole or in part of the Rohingya group. The jurisprudence further establishes that, ‘[T]his provision does not require proof of that a result was attained; as such, it does not require proof that the conditions actually led to death or serious bodily or mental harm of members of the protected group. When “such a result is achieved, the proper charge will be paragraphs (a) or (b)” [killing or serious bodily or mental harm].’ [emphasis added]ci Data collected by BROUK show that the conditions of life inflicted on the Rohingya in detention camps have in fact led to preventable deaths in the past two years since the provisional measures were ordered by the ICJ. (v) Preventable deaths in the camps BROUK has documented seven preventable deaths in ‘closed’ Nidin camp over the past two years. One 24year-old Rohingya woman died in childbirth and six infants aged between 3-13 months died due to severe diarrhoea.cii As previously reported by BROUK in May 2021, nine Rohingya infants and young children died in the rural hospital at Thek Kay Pyin camp during a previous outbreak of diarrhoea. In ‘closed’ Kyein Ni Pyin camp, BROUK documented the preventable deaths of ten children due to severe diarrhoea and lack of treatment for severe acute malnutrition, as well as the deaths of five women during childbirth.ciii Due to the challenges of collecting information from the camps, BROUK has not been able to conduct a comprehensive assessment of preventable deaths in all the camps over the past two years. The true figures are likely to be higher. E. Provisional measure (2) - Ensure that the military and others under its influence do not commit any of the acts punishable under Article III of the Genocide Convention ‘The Republic of the Union of Myanmar shall, in relation to the members of the Rohingya group in its territory, ensure that its military, as well as any irregular armed units which may be directed or supported by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in point (1) above, or of conspiracy to commit genocide, of direct and public incitement to commit genocide, of attempt to commit genocide, or of complicity in genocide.’ As previously reported by BROUK in November 2021, a secret order by the State Administrative Council reported to have been issued sometime after 8 June and leaked to the media in August instructed that, ‘There is no Rohingya ethnic group, they are Bengali’ and ordered civil servants to ‘courageously speak out’ on the issue.civ In a press conference on 12 June, Major General Zaw Min Tun similarly reiterated the application 14