fit for refugee return. The Rohingya are also requesting that the government issue them full citizenship cards if they return. Accountability 21. The Rohingya community has consistently come forward with information, expert testimony and material, which it has shared with international institutions, in order to strengthen calls for accountability. The demand of the Rohingya has been that they are centrally included in all of these processes. In 2019, a group of 13 Rohingya leaders stated: As the victims of these crimes, our demand is for justice and accountability, and the right to return to our country to live in security and dignity, as equal citizens. The international community must hear our voices and do everything in its power to uphold international law and bring the perpetrators to justice. Please include us in these processes, which are ultimately about us. We are available to be consulted and to share our perspectives, experiences and solutions with you.24 22. On 11 November 2019, The Gambia filed a case to the International Court of Justice (ICJ) against Myanmar, alleging violations of its obligations under the 1948 Genocide Convention and requesting the Court to grant provisional measures to protect the Rohingya from ongoing genocide. In paragraph 6 of their application, The Gambia indicated that the acts committed by Myanmar were “intended to destroy the Rohingya as a group in whole or in part, mass murder, rape, other forms of sexual violence and the systematic destruction of villages often with inhabitants locked inside burning houses.” Myanmar responded by denying the allegations of genocide and focused on the disputed total number of those Rohingya killed, while, notably failing to comment at all on any counts of sexual violence, despite the strong focus on this in The Gambia’s application. 23. In a hasty response to growing international pressure, a Myanmar government established ‘Independent Commission of Enquiry’, submitted a final report, that was not made public. This report, taking the same line as Myanmar’s ICJ defence, acknowledged that Myanmar security forces may have been responsible for “disproportionate use of force” and war crimes, but that: “there is insufficient evidence to argue, much less conclude, that the crimes committed were undertaken with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, or with any other requisite mental state for the international crime of genocide”.25 24. On 23 January 2020, the ICJ unanimously ruled on the following provisional measures, stating that Myanmar must: take measures to protect the Rohingya from genocide; prevent the Military from committing genocide; take steps to prevent the destruction of evidence of genocide; and file a report with the ICJ in four months, and every six months that follows until the closure of the case, documenting what they have done to ensure these measures are met. These provisional measures 24 Message from - Abdul Hamid (United Stateless); Anwar Arkani (Rohingya Association Canada); Habib (Australian Burmese Rohingya Organisation); Hafsar Tameesuddin; Khin Maung (Free Rohingya Coalition – based in Bangladesh); Muhammed Saifullah (Canadian Rohingya Development Initiative); Nay San Lwin (Free Rohingya Coalition – Based in Germany); Nurul Islam (Arakan Rohingya National Organisation); Raiss Tinmaung, Yasmin Ullah and Zainab Arkhani (Rohingya Human Rights Network Canada); Razia Sultana (Rohingya Women Welfare Society); Sujauddin Karimuddin (Elom Empowerment); and Tun Khin (Burmese Rohingya Organisation UK), 11 July 2019, available at: https://files.institutesi.org/ISI_statement_on_Dutch_parliamentary_Rohingya_motion.pdf. 25 Independent Commission of Enquiry, ‘Press Release’ (20 January 2020), available at https://www.icoe-myanmar.org/icoe-pr-final-report. 5