6.
7.
Widespread or systematic discriminatory or targeted practices or violence against the lives, freedom
or physical and moral integrity of a protected group, even if not yet reaching the level of elimination.
Attacks against or destruction of homes, farms, businesses or other livelihoods of a protected group
and/or of their cultural or religious symbols and property.xl
This briefing first describes the general conditions of life imposed on the Rohingya in Rakhine State by the
military authorities, with particular attention to the above risk factor indicators for ongoing genocidal acts. It
then examines the particular conditions of life inflicted on Rohingya confined to camps and analyses the
junta’s specific breaches of the ICJ’s provisional measures order in accordance with the existing
jurisprudence on genocide.
In 2022, the junta imposed new restrictions on internet access via localised internet shutdowns in conflict
zones, raising taxes on sim cards and internet usage and introducing a ban on the use of secure Virtual Private
Networks (VPNs) to access sites such as Facebook.xli Such restrictions continue to inhibit the flow of reliable
information in Myanmar and make it very challenging to document human rights violations. As such, the
information set out below represents a small fraction rather than a comprehensive account of human rights
violations and atrocity crimes that have taken place since 23 November 2021.
D. Provisional measure (1) – prevent the commission of genocidal acts under Article II of the
Genocide Convention
‘The Republic of the Union of Myanmar shall, in accordance with its obligations under the Convention on
the Prevention and Punishment of the Crime of Genocide, in relation to the members of the Rohingya group
in its territory, namely the order to take all measures within its power to prevent the commission of
genocidal acts within the scope of Article II of this Convention, in particular:
a) killing members of the group;
b) causing serious bodily or mental harm to the members of the group;
c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part; and
d) imposing measures intended to prevent births within the group.’xlii
(i) Overview of conditions of life inflicted on the Rohingya by the military regime
The Myanmar junta has continued its long-standing denial of the existence of the Rohingya, both in rhetoric
and in practice. In December 2021, the junta lodged a formal complaint with UN agency the International
Organisation of Migration (IOM) over its creation of the Rohingya Cultural Memory Centre website. The
junta asserted that the IOM did not have a mandate to verify the existence of the Rohingya and said, ‘The
term ‘Rohingya’ has always been rejected by the Burmese people and is not recognized by the Burmese
people.’xliii This is an example of the genocide risk factor indicator of ‘denial of the existence of protected
groups’.
The junta continues to deny citizenship to the Rohingya under the 1982 Citizenship Law and perseveres with
its coercive practices to force the Rohingya to accept the National Verification Card - documentation which
denies their identity as Rohingya and forces them to accept the designation of ‘Bengali’, implying that the
Rohingya are foreign interlopers from Bangladesh.xliv Citizenship is often referred to as ‘the right to have
rights’ as citizenship usually confers a host of other rights. The junta’s continued refusal to grant the
Rohingya citizenship defies the ICJ’s order to ‘take all measures within its power’ to prevent irreparable
harm to the Rohingya as a protected group.
In January 2022, the regime resumed its ‘Swe Tin Sit’ map-record-check investigative process in the northern
townships of Buthidaung, Maungdaw and Rathedaung. This intimidating investigation is conducted by
members of the military, immigration officers and border guard police and is unique to Northern Rakhine
State. The process involves photographing residents outside their homes, removing or adding family
members to household registration lists, and checking whether buildings match records and maps held by the
military authorities. If anyone is not present on the date of the inspection, the military authorities reportedly
record their name on a ‘ran away’ list and remove them from their household registration list. In order to
7