ABSTRACT

The Gambia must prove that certain Myanmar individuals have committed any of the following acts with intent to destroy, in whole or in part, the Rohingya as a group protected under the Genocide Convention: killing; causing serious bodily or mental harm; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group. Furthermore, such acts must be attributable to Myanmar under international law and Myanmar must have failed to prevent and/or punish the genocidal acts. The chapter also explains the provisional measures ordered by the International Court of Justice and possible outcomes if Myanmar is held to have violated the Convention.