commit these atrocity crimes. While the regime’s role cannot absolve the Arakan Army of its own obligations under international law, the junta’s own actions to incite hatred and violence towards the Rohingya and to deliberately intensify a hostile environment conducive to atrocity crimes must be front and centre in understanding the devastating violence in Rakhine State targeting the Rohingya.76 The regime’s failure to prevent the commission of alleged atrocity crimes by the Arakan Army and its role in inciting such crimes must be clearly understood by all stakeholders. In fact, the regime’s ongoing genocidal intent towards the Rohingya group can be clearly inferred from such acts and omissions. This is particularly important in light of the Court’s provisional measures order to protect the Rohingya from irreparable harm, and the fact that The Gambia has accused Myanmar of continuing to commit genocidal acts as part of its case before the Court.77 Breaches of the ICJ’s provisional measures by the Myanmar junta This section of the report analyses breaches of the ICJ’s provisional measures order by the Myanmar junta in accordance with the existing jurisprudence on genocide. In BROUK’s view, the information compiled in this report demonstrates that the regime continues to commission genocidal acts: namely, deliberately inflicting conditions of life calculated to bring about the physical destruction in whole or in part of the Rohingya group, causing serious bodily or mental harm, and killings. Provisional measure (1) – prevent genocide ‘The Republic of the Union of Myanmar shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the members of the Rohingya group in its territory, namely the order to take all measures within its power to prevent the commission of genocidal acts within the scope of Article II of this Convention, in particular: a) killing members of the group; b) causing serious bodily or mental harm to members of the group; c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and d) imposing measures intended to prevent births within the group.’78 Provisional measure (1) is focused on the prevention of genocide and the ICJ instructs the Myanmar State to take ‘all measures within its power’ to do so. Denial of identity, citizenship, and freedom of movement The regime continues to deny the Rohingya their identity, consistently referring to them as ‘Bengali’. The junta also persists with upholding the 1982 Citizenship Law, which was designed to strip Rohingya of citizenship. 76 For more detailed analysis of risk factors for atrocity crimes in Rakhine State according to framework of analysis set out by the UN Office on Genocide Prevention and the Responsibility to Protect, see BROUK, ‘The Genocide Never Stopped: Five years on from the World Court’s order to protect the Rohingya’ (23 January 2025) 12-15. 77 See Annex: Background to The Gambia v. Myanmar genocide case at the ICJ. 78 ICJ, ‘Order: Request for the Indication of Provisional Measures’ The Gambia v. Myanmar (23 January 2020) 25 [86]. 14