A/HRC/RES/50/3 democratic institutions and processes, to refrain from violence and to fully respect human rights, fundamental freedoms and the rule of law, Reiterating the urgent need to ensure that all those responsible for crimes relating to violations and abuses of international law throughout Myanmar, including international human rights law, international humanitarian law and international criminal law, are held to account through credible and independent national, regional or international justice mechanisms, while recalling the authority of the Security Council to refer cases to the International Criminal Court, Continuing to underline the need for the security and armed forces of Myanmar and other armed groups to cease all actions that run counter to the protection of all persons within the country, including those belonging to the Rohingya community, by respecting international law, including international human rights law and international humanitarian law, and ending violence, including sexual violence, and calling for urgent steps to ensure justice with regard to all human rights violations and violations of international humanitarian law so that those displaced by violence are able to voluntarily return in safety and dignity to their places of origin or to a place of their choice in a sustainable manner, Recognizing the complementary and mutually reinforcing work of the various United Nations mandate holders and mechanisms, including international justice and accountability mechanisms, working on Myanmar to improve the humanitarian situation and the situation of human rights in the country, and noting with concern the lack of sufficient humanitarian access, in particular to areas with internally displaced persons, and to the affected areas from which many people have been and continue to be forcibly displaced and in which many others are living in precarious conditions, such as Rohingya Muslims, thereby exacerbating the humanitarian crisis, and calling upon all parties, including the armed forces of Myanmar, to allow access for international humanitarian agencies and aid workers for the provision of safe, timely and unhindered humanitarian assistance to all in need, including to persons displaced by the conflict, Noting the ongoing processes to ensure justice and accountability in respect of alleged crimes committed against Rohingya Muslims and other ethnic minorities in Myanmar, Noting also that the International Criminal Court has authorized its Prosecutor to investigate alleged crimes within the Court’s jurisdiction relating to the investigation Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar, Welcoming the order of the International Court of Justice of 23 January 2020 that indicated provisional measures in the case lodged by the Gambia against Myanmar on the application of the Convention on the Prevention and Punishment of the Crime of Genocide, which concluded that, prima facie, the Court had jurisdiction to deal with the case, which found that the Rohingya in Myanmar appeared to constitute a “protected group” within the meaning of article 2 of the Convention, and that there was a real and imminent risk of irreparable prejudice to the rights of the Rohingya in Myanmar, while noting that Myanmar submitted two reports in response to the Court’s order in May and November 2020, and the measures adopted in this regard, Re-emphasizing the right of all refugees and the importance of all displaced persons being able to return home, and that such returns should be in safety and with dignity and in a voluntary and sustainable manner, and calling upon the international community urgently to take collective responsibility in handling forcibly displaced persons in the region, Noting that the Independent Commission of Enquiry established by Myanmar on 30 July 2018, notwithstanding the limits of its terms of reference and modus operandi, recognized in the executive summary of its final report that war crimes, serious human rights violations and violations of domestic law had been committed and that there were reasonable grounds to believe that members of the Myanmar security forces were involved, while regretting that the full report of the Commission at present remains unpublished, Underlining the urgency of making greater efforts to fully implement the recommendations of the Advisory Commission that remain relevant and of action to address the root causes of the crisis, including ending the persecution of and granting citizenship to Rohingya Muslims, freedom of movement, the elimination of systematic segregation and all 3

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