• Push for public hearings at the UN Security Council to evaluate Myanmar’s compliance with provisional
measures.
• Provide support – including legal, financial, technical – to the Gambia. In particular, States parties to the
Genocide Convention should apply to the ICJ to intervene in the case.
• Exert maximum pressure on Myanmar to cooperate with the International Criminal Court investigation
and provide access to Rakhine State to ICC and Argentinian investigators.
• Publicly support the referral of the situation in Myanmar to the International Criminal Court or support
the creation of an ad hoc international tribunal.
• Propose a UN Security Council resolution that imposes a comprehensive arms embargo on Myanmar,
including on jet fuel to the military; imposes targeted economic sanctions on the Myanmar military, its
leaders, and its sources of revenue, and refers the situation in Myanmar to the International Criminal
Court. The prospect of a veto by a Member State in the UN Security Council should not deter other
Member States from placing a resolution before the Council for consideration, debate and a vote.
• Exercise universal and other forms of jurisdiction to investigate any individual from Myanmar –
irrespective of position or rank - who may be responsible for committing genocide, war crimes, and crimes
against humanity under international law. Ensure such individuals are brought to justice in fair trials.
• Exert maximum pressure on Myanmar to end all arbitrary restrictions on freedom of movement, access
to health and other resources indispensable for survival for the Rohingya and allow humanitarian actors
immediate, unrestricted, and sustained access to Rakhine State and the rest of the country.
• Increase funding support for the 2022 Humanitarian Response Plan for Myanmar as soon as possible to
bridge the current massive shortfall.cxii
References
i
Report of the UN High Commissioner for Human Rights, ‘Situation of human rights in Myanmar since 1
February 2021’ (15 March 2022) UN Doc A/HRC/49/72 [73].
ii
Report of the Independent Investigative Mechanism for Myanmar (5 July 2021) UN Doc A/HRC/48/18
[30]. The IIMM has a mandate to collect, consolidate, preserve and analyse evidence of the most serious
international crimes and violations of international law committed in Myanmar since 1 January 2011.
Documents relating to the Rohingya genocide case at the International Court of Justice brought by the
Gambia have been shared with parties to those proceedings by the IIMM.
iii
UN Human Rights Council, ‘Report of the Special Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews’ (March 2022) A/HRC/49/76 [10].
iv
UN Security Council Press Statement on the Situation in Myanmar (2 February 2022) available at
<https://www.un.org/press/en/2022/sc14785.doc.htm> accessed 19 May 2022.
v
Statement by Deputy High Commissioner for Human Rights Nada Al-Nashif, UN Human Rights Council
(12 February 2021).
vi
BROUK, ‘BROUK President Highlights Tatmadaw Crimes As Genocide Trial Opens’ (16 December 2021).
vii
Myanmar Now, ‘Junta issues order to ignore notifications from international courts’ (31 December
2021) available at <https://www.myanmar-now.org/en/news/junta-issues-order-to-ignore-notificationsfrom-international-courts> accessed 19 May 2022 and BROUK, ‘Myanmar: Leaked Memo Shows Myanmar
Military Desperate To Hide From Justice’ (14 January 2022).
viii
National Unity Government, ‘Announcement (2/2022) – Myanmar withdraws all preliminary objections
to the International Court of Justice hearing on the genocide case’ (1 February 2022).
ix
Myanmar Now, ‘UN court’s decision to allow junta to represent Myanmar in Rohingya genocide case
branded a ‘disgrace’’ (22 February 2022) available at <https://www.myanmar-now.org/en/news/uncourts-decision-to-allow-junta-to-represent-myanmar-in-rohingya-genocide-case-branded-a> accessed 19
May 2022.
x
BROUK, ‘BROUK Welcomes US Rohingya Genocide Determination’ (21 March 2022).
xi
BROUK, ‘Civil Society Organizations Welcome US Determination Of Genocide Against Rohingya:
Myanmar Military Leadership Must Be Prosecuted’ (30 March 2022).
17
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