Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint (UNGPs) provide a template to guide corporate conduct without assuming the form of legal obligation. 14 Calls for accountability have been consistent with this framework. The FFM recommended investigation for possible genocide, crimes against humanity, and war crimes; the UN Independent Investigative Mechanism for Myanmar was established soon after to collect and preserve evidence that may be used in a court of law. 15 Separately, the Prosecutor of the International Criminal Court (ICC) is now looking into acts of deportation that spilled onto neighboring Bangladesh, a state party to the Rome Statute. 16 This would circumvent Myanmar’s status as a non-state party to the treaty and allow the prosecution of individuals found to be most responsible for the deportation of the Rohingya. 17 Demand for state responsibility ensued. In November 2019, The Gambia filed an application before the International Court of Justice (ICJ) concerning Myanmar’s alleged violation of its erga omnes obligations under the Genocide Convention, which Myanmar is a party to. 18 Importantly, The Gambia devoted a substantial portion of its application to describe the “hate propaganda” against the Rohingya.19 In an unprecedented order, the ICJ granted jurisdiction to rule on The Gambia’s request for provisional measures and enjoined Myanmar to 14. Guiding Principles on Business and Human Rights, U.N. HUM. RTS. OFF. OF THE HIGH COMM’R (2011), https://www.ohchr.org/documents/publications/guidingprinciplesbusine sshr_en.pdf [https://perma.cc/LSD2-XAUX] [hereinafter UNGPs]. 15. Detailed Findings of the FFM, supra note 9, ¶¶ 63, 1441, 1511, 1711; U.N. Human Rights Council, Resolution Adopted by the Human Rights Council on 24 March 2017, ¶ 11, U.N. Doc. A/HRC/Res/34/22 (Apr. 3, 2017) (creating the FFM); U.N. Human Rights Council, Situation of human rights of Rohingya Muslims and other minorities in Myanmar, ¶ 22, U.N. Doc. A/HRC/39/L.22 (Sept. 25, 2018) (creating the Independent Investigative Mechanism for Myanmar). 16. Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar, ICC-01/19, Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar, ¶ 43 (Nov. 14, 2019), https://www.icccpi.int/CourtRecords/CR2019_06955.PDF [https://perma.cc/T7S8RMUQ]. 17. Id. 18. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Gam. v. Myan.), Application Instituting Proceedings and Request for Provisional Measures, ¶ 15 (Nov. 11, 2019). 19. Id. ¶¶ 37–46. 147