“Crashing Down on Us” Recommendations 81 To States Parties to the International Criminal Court ƒ IMMEDIATELY refer the situation in Myanmar to the Chief Prosecutor of the International Criminal Court under Article 14 of the Rome Statute. ƒ COMMUNICATE the risk of potential criminal liability to companies involved in the Myanmar junta’s aviation-fuel supply chain. To the Chief Prosecutor at the International Criminal Court ƒ LAUNCH an immediate, full investigation into war crimes, crimes against humanity, and genocide in Myanmar based on the Article 12(3) declaration deposited at the Court by the National Unity Government of Myanmar in July 2021, which granted the Court jurisdiction to investigate and prosecute international crimes in Myanmar from 2002 to beyond. To United Nations Member States ƒ IMMEDIATELY coordinate to strengthen existing bilateral sanctions and impose additional sanctions to prevent the sale and transfer of aviation fuel to Myanmar. ƒ SUPPORT the establishment of a global arms and aviation fuel embargo on the Myanmar junta through the U.N. Security Council. ƒ ENSURE international justice for past and ongoing atrocity crimes in Myanmar and press the U.N. Security Council to refer the situation in Myanmar to the International Criminal Court or, alternatively, to establish an ad hoc international criminal tribunal to investigate and prosecute genocide, crimes against humanity, and war crimes. ƒ RECOGNIZE the National Unity Government as the legitimate Government of Myanmar. Continue to support the National Unity Government’s existing credentials at the United Nations and other international organizations. ƒ PROVIDE financial and technical support as needed to the National Unity Government, including on international human rights laws and standards and other governance-related matters. ƒ SUPPORT the mandate and recommendations of the United Nations Special Rapporteur on the situation of human rights in Myanmar. To the U.N. Security Council ƒ PASS a resolution under Chapter VII of the U.N. Charter implementing a global arms and aviation fuel embargo on the Myanmar junta and taking other measures to end and remedy the junta’s crimes. ƒ CONVENE an Emergency Special Session of the United Nations General Assembly—to be initiated by Member States—if a resolution is vetoed by a permanent member of the Security Council, in order to address the threat to international peace and security posed by the Myanmar junta. ƒ REFER the situation in Myanmar to the International Criminal Court for investigation and possible prosecutions. To the National Unity Government of Myanmar ƒ ENSURE all internally displaced persons in Myanmar have access to the rights and protections guaranteed by international humanitarian and human rights law, including the right to food, health, housing, water, and sanitation.

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