are legally binding and Myanmar’s compliance will be monitored by the UN Security Council and the ICJ.26 25. The first of Myanmar’s reports was submitted to the ICJ on 23 May 2020. Despite calls for Myanmar’s report to be made available to the Rohingya community, report is not yet available to the public.27 Recent “security clearance operations” undertaken by the Tatmadaw and Myanmar government have raised concerns that the ICJ’s provisional measures are actively being defied.28 As such, it is important to note that the genocide process is still ongoing. 26. In April 2020, Myanmar issued several directives ordering government personnel not to commit genocide,29 destroy evidence,30 and to halt hate speech,31 which can be interpreted as an attempted response to provisional measures. However, this has not translated into concrete action, and Amnesty International has stated that “without meaningful follow-up and transparency around Myanmar’s compliance with the ICJ order, these measures can only be seen as a window dressing.”32 27. On 14 November 2019, the International Criminal Court (ICC) also launched an investigation into “crimes against humanity of deportation across the Myanmar-Bangladesh border and persecution on grounds of ethnicity and/or religion against the Rohingya population”. 33 Myanmar has rejected the ICC’s investigation claiming the Court has no jurisdiction as Myanmar has not signed the Rome Statute. However, Bangladesh, which has received Rohingya refugees is party to the Court’s Statute, enabling the ICC to investigate the crime of deportation. The court also has the mandate to issue reparations for victims. The case is ongoing. 28. Also on 14 November 2019, a case was filed to an Argentinian court under the principle of universal jurisdiction, which marked the first time that legal action had been taken directly against Aung Sang Suu Kyi.34 Following a Court order on 29 May 2020, Argentinian prosecutors have started to collect information, requesting information from the ICC so justice efforts are not duplicated.35 29. On 27 December 2019, the UN General Assembly also approved a resolution condemning rights abuses against Myanmar’s Rohingya Muslims and other minorities.36 This calls for the Myanmar government to immediately cease fighting and hostility, justice for all rights violations to the 26 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) Order (23 January 2020), available at https://www.icj-cij.org/files/case-related/178/178-20200123-ORD-01-00-EN.pdf. 27 Joint Letter Re: Myanmar’s Obligation to Comply with the Provisional Measures Indicated by the ICJ of 23 Jan. 2020 (June 19 2020), available at https://www.theerc.eu/joint-letter-to-icj-myanmars-obligation-to-comply-with-the-provisional-measures/. 28 Burma Human Rights Network, ‘Announcement of Clearance Operation by Tatmadaw in Rathaedaung Township Defies ICJ Ruling’ (27 June 2020), available at http://www.bhrn.org.uk/en/press-release/1125-announcement-of-clearance-operation-by-tatmadaw-inrathaedaung-township-defies-icj-ruling.html. Also see Burmese Rohingya Organisation UK, ‘Myanmar’s failure to implement the International Court of Justice Provisional Measures Order’ (May 2020), available at https://www.brouk.org.uk/wpcontent/uploads/2020/05/A-continuining-genocide.pdf. 29 ‘Compliance with the Convention on the Prevention and Punishment of the Crime of Genocide’ Myanmar News Agency (9 April 2020), available at https://www.globalnewlightofmyanmar.com/compliance-with-the-convention-on-the-prevention-and-punishment-of-thecrime-of-genocide/. 30 ‘Preservation of evidence and property in areas of northern Rakhine State’ Myanmar News Agency (9 April 2020), available at https://www.globalnewlightofmyanmar.com/preservation-of-evidence-and-property-in-areas-of-northern-rakhine-state/ 31 Republic of the Union of Myanmar Office of the President Directive No. 3/2020 13th Waning of Tagu, 1382 ME (20 April 2020) ‘Prevention of incitement to hatred and violence (or) Prevention of proliferation of hate speech’, available at https://www.presidentoffice.gov.mm/en/?q=briefing-room/news/2020/04/21/id-10007. 32 Amnesty International, ‘Myanmar: Government fails to protect Rohingya after world court order’ (22 May 2020), available at https://www.amnesty.org/en/latest/news/2020/05/myanmar-government-fails-to-protect-rohingya-after-world-court-order/. 33 International Criminal Court, Press Release (14 November 2019), available at https://www.icc-cpi.int/Pages/item.aspx?name=pr1495. 34 ‘Aung Sang Suu Kyi faces first legal action over ‘existential threat’ to Rohingya’ The Telegraph (14 November 2019), available at https://www.telegraph.co.uk/news/2019/11/14/aung-san-suu-kyi-faces-first-legal-action-existential-threat/. 35 ‘Argentinian court decisions brings hope for Rohingya’ AA (2 June 2020), available at https://www.aa.com.tr/en/americas/argentiniancourt-decision-brings-hope-for-rohingya/1861967. 36 United Nations General Assembly, ‘Resolution adopted by the Human Rights Council on 3 July 2015: Situation of human rights of Rohingya Muslims and other minorities in Myanmar’ (3 July 2015) UN Doc A/HRC/RES/29/21, available at file:///Users/OSpearman/Downloads/A_HRC_RES_29_21-EN.pdf. 6