•
•
•
Deliberately inflicting conditions of life calculated to bring about the physical destruction of
the Rohingya in whole or in part;
Causing serious bodily or mental harm to Rohingya; and
Killing members of the Rohingya group.
Deliberately inflicting conditions of life calculated to bring about
the group’s physical destruction in whole or in part
The genocidal act of ‘deliberately inflicting conditions of life on the group intended to bring about its
physical destruction’ addresses situations in which the perpetrator does not immediately kill the
members of the group, but uses other methods intended to ultimately bring about their physical
destruction. This concept, sometimes referred to as “slow death,” is well-established in international
jurisprudence, including cases before the International Criminal Tribunals for the former Yugoslavia
(ICTY) and Rwanda (ICTR).
Case law has identified various means by which such acts can be carried out, including:
•
•
•
•
Subjecting the group to a subsistence diet;
Failing to provide adequate medical care;
Systematically expelling members from their homes;
Depriving the group of basic necessities such as food, water, shelter, clothing, and sanitation.89
The 2016 ICTY Karadžić judgment underscored that genocidal intent can be inferred from the
objective probability that imposed conditions would lead to the physical destruction of the group in
part. Factors such as the nature of imposed conditions, the length of exposure, and the group’s
vulnerability are critical to assessing intent.90
This report - alongside previous briefings by BROUK - provides substantial evidence of the junta’s
ongoing commission of this genocidal act. The regime continues to impose dehumanizing, degrading,
and life-threatening conditions on Rohingya communities, exacerbating their vulnerability. The latest
findings highlight the impending humanitarian catastrophe as the famine conditions take hold.
Rohingya communities across Rakhine State are experiencing acute shortages of food and clean
drinking water, inadequate sanitation facilities, and a scarcity of basic medicines. The conditions of
life inflicted upon the Rohingya group are conducive to mass suffering and death.
‘A subsistence diet’ equals malnutrition
After living under conditions of indefinite arbitrary detention since 2012, it is highly likely that
Rohingya children in both northern and central Rakhine State were malnourished even before the
resumption of armed conflict in November 2023, although there is no publicly available data to
confirm this. Undernutrition – a form of malnutrition - makes children much more vulnerable to
disease and death.91
89 ICTY, Prosecutor v. Karadzic, IT-95-5/18-T, Judgment, 24 March 2016, [547], with reference to the preceding cases
ICTY, Prosecutor v Brdjanin, IT-99-36-T, Judgment, 1 December 2004, [691]; ICTY, Prosecutor v. Stakic, IT-97-24-T,
Judgment, 31 July 2003, [517]; ICTR, Prosecutor v. Musema, ICTR-96-13- T, Judgment, 27 January 2000, [157]; ICTR,
Prosecutor v. Kayishema and Ruzindana, ICTR-95- 1-T, Judgment, 21 May 1999, [115–116]; ICTR, Prosecutor v. Akayesu,
ICTR-96-4-T, Judgment, 2 September 1998, [506].
90 ICTY, Prosecutor v. Karadzic, op. cit. [548].
91 Undernutrition is a form of malnutrition. There are four sub-forms of undernutrition – wasting (low weight-for-height),
stunting (low height-for-age), underweight (low weight-for-age), and deficiencies in vitamins and minerals. WHO,
‘Factsheet: malnutrition (1 March 2024) available at < https://www.who.int/news-room/fact-sheets/detail/malnutrition>’
accessed 25 May 2025.
17