xii
International Criminal Court, ‘Rome Statute 2002 Elements of Crimes’ (2011) Article 6(c)(4) footnote 4.
See for example, US Holocaust Memorial Museum and Fortify Rights, ‘ “They Tried to Kill Us All”:
Atrocity Crimes against Rohingya Muslims in Rakhine State, Myanmar’ (15 November 2017); Fortify
Rights, ‘ “They Gave Them Long Swords”: Preparations for Genocide and Crimes Against Humanity Against
Rohingya Muslims in Rakhine State, Myanmar’ (19 July 2018); Physicians for Human Rights, ‘ “Please Tell
the World What They Have Done to Us”: The Chut Pyin Massacre: Forensic Evidence of Violence against
the Rohingya in Myanmar’ (19 July 2018).
xiv
BROUK, ‘Burned, Stabbed, and Shot: Physical evidence of atrocities committed against the Rohingya’
(May 2017) 13-27. BROUK, ‘“I Thought I Would Die”: Physical evidence of atrocities against the Rohingya’
(1 November 2017) 12-31.
xv
UN Human Rights Council Resolution 34/22, adopted 24 March 2017 (3 April 2017) UN Doc
A/HRC/RES/34/22.
xvi
UN Human Rights Council, ‘Report of the detailed findings of the Independent International FactFinding Mission on Myanmar’, (17 September 2018) UN Doc. A/HRC/39/CRP.2 and UN Human Rights
Council, ‘Report of the detailed findings of the Independent International Fact-Finding Mission on
Myanmar’, (16 September 2019) UN Doc. A/HRC/42/CRP.5.
xvii
Convention on the Prevention and Punishment of the Crime of Genocide (adopted 9 December 1948,
entered into force 1 January 1951) 78 UNTS 277 art II.
xviii
UNUNFFM 2019 report op. cit. 70 [220].
xix
The Gambia v. Myanmar, International Court of Justice ‘Application Instituting Proceedings and Request
for Provisional Measures’ (11 November 2019) 38 [113] 4 [2] 55-56 [99-110] 58 [114].
xx
The case was brought with the support of the other 56 States belonging to the Organisation of Islamic
Cooperation. Final Communiqué of the 14th Islamic Summit Conference (31 May 2019) 10 [47] OIC/SUM14/2019/FC/FINAL.
xxi
The ICJ has held that “the rights and obligations enshrined by the [Genocide] Convention are rights and
obligations erga omnes”. See Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Preliminary Objections, Judgment,
11 July 1996 [31].
xxii
Frontier Myanmar, ‘Justice in the balance as UN considers recognition question’ (2 September 2021)
available at <https://www.frontiermyanmar.net/en/justice-in-the-balance-as-un-considers-recognitionquestion/> accessed 19 November 2021.
xxiii
Marc Weller, ‘Is the ICJ at Risk of Providing Cover for the Alleged Genocide in Myanmar? EJIL: Talk!’ (11
February 2022) available at <https://www.ejiltalk.org/is-the-icj-at-risk-of-providing-cover-for-the-allegedgenocide-in-myanmar/> accessed 19 May 2022.
xxiv
‘Preliminary objections of the Republic of the Union of Myanmar in the case concerning application of
the Convention on the Prevention and Punishment of the Crime of Genocide at the International Court of
Justice’ (20 January 2021).
xxv
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia
v. Myanmar), International Court of Justice Provisional Measures Order (23 January 2020), [41].
xxvi
International Court of Justice, Verbatim Record: Public sitting Wednesday 23 February 2022 in the case
concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The
Gambia v. Myanmar) 61 [14].
xxvii
Global Justice Center and Global Centre for the Responsibility to Protect, ‘Q&A: The Gambia v.
Myanmar - Rohingya Genocide at the International Court of Justice’ (May 2020).
xxviii
The Gambia v. Myanmar, ICJ ‘Application Instituting Proceedings and Request for Provisional
Measures’ (11 November 2019) [113].
xxix
The Gambia v. Myanmar, ICJ provisional measures order op. cit. 22 [73].
xxx
USHMM, ‘Practical Prevention - How the Genocide Convention’s Obligation to Prevent Applies to
Myanmar - Report #2: The Denial of the Right to Citizenship and the Right to Participate in Public Affairs’
(October 2020) 5.
xxxi
Becker et al, ‘Rohingya Symposium: Why So Secret? The Case for Public Access to Myanmar’s Reports
on Implementation of the ICJ’s Provisional Measures Order’ (25 August 2020) available at
<http://opiniojuris.org/2020/08/25/rohingya-symposium-why-so-secret-the-case-for-public-access-toxiii
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