Faye Journal of International Humanitarian Action (2021) 6:13 It is a shame for our generation that we do nothing while genocide is unfolding right under our own eyes. (Berg 2019). Further elaborating on the initiative, Mr Tambadou said “visiting Cox’s Bazar in Bangladesh had reminded him of his work as a prosecutor for the tribunal set up to try those responsible for the 1994 genocide in Rwanda”. “I thought this was not right and the world cannot just stand by and watch this happen again,” he said, adding the OIC had asked. The Gambia to look into how to bring Myanmar to justice over the matter (Berg 2019). In a 46-page filing to the ICJ, Gambia says Myanmar’s actions were “genocidal in character” and included killing, causing serious bodily and mental harm and imposing measures to prevent births. Gambia asked the ICJ to grant so-called provisional measures to make sure Myanmar immediately stops the alleged atrocities (Berg 2019). Since August 2017, more than 700,000 Rohingya Muslims fled neighbouring Bangladesh due to the crackdown by Myanmar’s military, which UN investigators say was carried out with “genocidal intent”. Buddhist majority of Myanmar denies accusations of genocide (Besheer 2019). The government of Myanmar has strongly disputed accusations of genocide and has established its Commission of Inquiry. “This is clearly a politically motivated international pressure tactic against Myanmar on the issue of Rakhine state”, Myanmar’s UN Ambassador Hau Do Suan told VOA in an email. “Gambia has nothing to do with Myanmar’s problem. The OIC and Gambia should try to put their backyard in order first, before trying to interfere in the affairs of a faraway country which is trying its best to find a sustainable and peaceful means to solve its own problem.” (Besheer 2019). He said Myanmar is implementing “in good faith” recommendations issued in 2017 from an international advisory commission on addressing root causes of the crisis and would not “surrender to this kind of unfair, intimidating, political and religious-based pressure” (Besheer 2019). The ICJ’s provisional measure orders are legally binding on the parties. This is because all members of the UN, including Myanmar, are bound by the ICJ Statute. Whether Myanmar will comply with the court’s orders and decisions, The Gambia has asked the court to require Myanmar to deliver the court with a report on actions taken to implement provisional measures order with 4 months from its issuance. Failing to comply, other UN bodies could take steps to increase the power of the ICJ’s order and, by extension, increase the political cost. Moreover, article 94 of the UN Charter, all member countries must abide by ICJ decisions in cases to which Page 6 of 7 they are a party, and in the event of non-compliance, the UN Security Council may “decide upon measures to be taken to give effect to the judgement (United Nation 1945). Additionally, article 41 (2) of the ICJ status, provisional measures are automatically transmitted to the UN Security Council for review. For example, the Security Council could pass a resolution directing Myanmar to lift restrictions on Rohingya’s freedom of movement, reverse discriminatory laws, eliminate unwarranted restrictions on humanitarian access to Rakhine State and ban practices that limit Rohingya access to education, health care and livelihoods. Thus far, the Security Council has been deadlocked on Myanmar, in part because of China’s support for Myanmar’s leadership and its veto power (Human Rights Watch 2019). Conclusion The Rohingya can be termed as the most persecuted minorities in the world for a very long period. Despite the humanitarian assistance, not much support has been received from aid organisations. They have been denied their human rights ranging from the state to social authorities. Security remains a key priority in the world; however, Rohingya face the dilemma of security in this global era. With the little effort from the international community, Rohingya refugees are seen as a burden for Bangladesh, though, it tries to help at the best way possible for the sake of the refugees. Notwithstanding, Myanmar should also come forward to solve the problem replying to the call of the global community. Moreover, non-government organisations should be involved to play a more active role in the crisis in terms of humanitarian response in the Rohingya crisis. Despite the worsening condition faced by the Rohingya, more resources will somehow rescue the situation for the thousands of refugees living in fragile conditions. Finally, from this study, one can also suggest that local host communities of the Rohingya refugees should be supported and be made aware of the support provided and ease the pressure. Moreover, stakeholders both national and international should put measures to support community engagement between refugees’ communities. Additionally, local actors should be supported and strengthened to ensure a more effective response. Abbreviations ASEAN: Association of Southeast Asian Nations; NDL: National League of Democracy; OIC: Organisation of Islamic Countries; R2P: Responsibility to Protect; UNHCR: The United Nations High Commissioner for Refugees; UN: United Nations; USA: United States of America Acknowledgements This article is dedicated to all humanitarian workers and human rights activist in Myanmar. I would take this opportunity to thank the anonymous proof-reader for their support and guide to make this article a success. I would like to thank my friends and colleagues for taking their time to go through my paper and for inspiring me for excellence.

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