of the 1982 Citizenship Law, and reinforced the use of the pejorative term ‘Bengali’ to refer to the Rohingya.cv
As outlined above, in December the junta lodged a formal complaint with UN agency IOM over its use of
the term Rohingya.
While such public statements and secret orders may not directly constitute incitement to commit genocide,
‘denial of the existence of protected groups or of recognition of elements of their identity’ is a recognised
indicator of ongoing risk factors for genocide.
F. Provisional measure (3) – prevent the destruction of and ensure the preservation of evidence
‘The Republic of the Union of Myanmar shall take effective measures to prevent the destruction and ensure
the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on
the Prevention and Punishment of the Crime of Genocide.’
Recently, more information has come to light about the destruction of evidence following the ‘clearance
operations’ of 2016 and 2017. Military defectors have described how the military’s engineering battalion was
brought in to bulldoze land to get rid of evidence of the remains of dead bodies and burned houses, on the
orders of the Tatmadaw’s then-Judge Advocate General Aung Lin Dwe (now serving as Secretary of the
SAC). Soldiers also poured acid on the bodies of dead Rohingya to prevent them being identified. As
previously reported by BROUK and others, the military have constructed Border Guard Police outposts on
the bulldozed land.cvi
BROUK has continued to collect information about construction work taking place on the site of razed
Rohingya villages where mass killings took place. In Maungdaw township, after the clearance operations in
2017 the whole of Myo Thu Gyi village tract in was confiscated. The whole area has been fenced off by the
military. The military is building a large Border Guard Station no. 3 there as well as a two-story District
Court building.
In late April, the SAC-appointed Rakhine State Chief Minister Dr Aung Kyaw Min was reported to have
visited the southern Maungdaw and northern Rathedaung area as part of preparations to build a hotel zone
on Alay Than Kyaw beach. Prior to the ‘clearance operation’ in 2017, Alay Than Kyaw village tract was
predominantly Rohingya Muslim. Around 11,000 Rohingya were forced to flee, their homes and villages
were destroyed, and 30 Rohingya were reported to have been killed by the military during the operation.cvii
Such actions by the military authorities risk destroying any remaining evidence of genocidal acts committed
in 2017, and are in defiance of this provisional measure.
G. Provisional measure (4) – submit a report to the ICJ on all measures taken to implement the order
‘The Republic of the Union of Myanmar shall submit a report to the Court on all measures taken to give
effect to this Order within four months, as from the date of this Order, and thereafter every six months, until
a final decision on the case is rendered by the Court.’
Both the State Administration Council and the National Unity Government are reported to have submitted
reports on the implementation of the provisional measures to the Court. As the UN High Commissioner for
Human Rights Michelle Bachelet notes, ‘Those submissions not having been made public, however, it is not
possible externally to assess the veracity or accuracy of their contents.’cviii
Conclusion
More than two years have passed since the ICJ ordered Myanmar to ‘take all measures within its power’ to
prevent irreparable harm against the Rohingya. However, the evidence documented by BROUK and
presented in this latest briefing (together with four previous briefings) demonstrates that in fact, genocidal
acts continue to be perpetrated against the Rohingya.
More than 130,000 members of the Rohingya group, over half of whom are children, continue to be confined
indefinitely in the camps under squalid conditions. They have been subjected to the deliberate deprivation of
resources indispensable for survival – namely adequate food, water, shelter, sanitation and medical care - by
the military authorities. They have endured a decade of such ‘slow death’ treatment after being expelled from
their homes in State-orchestrated violence in 2012. As such, it is reasonable to conclude that the genocidal
act of deliberately inflicting conditions of life calculated to bring about the physical destruction in whole or
in part of the Rohingya group continues to be perpetrated by the military junta. As documented by BROUK,
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