A/HRC/RES/58/20
prima facie, it had jurisdiction to deal with the case, 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, and indicated provisional measures, welcoming the order of the Court
of 22 July 2022 in which it rejected the preliminary objections of Myanmar and found the
application of the Gambia to be admissible, and welcoming also in this regard the funds
contributed by a number of States members of the Organization of Islamic Cooperation and
the engagement of other States to back the ongoing proceedings,
Noting the issuance by an Argentinian court, on 14 February 2025, under the principle
of universal jurisdiction, of international arrest warrants for the alleged perpetrators of the
crimes committed against Rohingya, and welcoming the steps taken by Member States to
investigate and prosecute in national courts, under the principle of universal jurisdiction, the
most serious crimes under international law committed in Myanmar, as an important
contribution to ending impunity and ensuring justice for victims and survivors,
Recalling that the Independent Commission of Enquiry established by the
Government of Myanmar on 30 July 2018, notwithstanding the limitations 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,
Welcoming the work of the Independent Investigative Mechanism for Myanmar to
collect, consolidate, preserve and analyse evidence of the most serious international crimes
and violations of international law committed in Myanmar since 2011, making use of, among
other things, the information handed over by the independent international fact-finding
mission, and to prepare files in order to facilitate and expedite fair and independent criminal
proceedings, in accordance with international law standards, in national, regional or
international courts or tribunals that have, or may in the future have, jurisdiction over these
crimes, in accordance with international law, welcoming also the reports of the Mechanism,
encouraging the Mechanism to continue its efforts to extend its public outreach in order to
explain its mandate and work process to victims and survivors and other stakeholders, and
encouraging all States, including Myanmar and its neighbours, to cooperate with and allow
access to the Mechanism to carry out its mandated activities and respond to its requests for
information,
Welcoming also the work and the reports of the Special Rapporteur on the situation of
human rights in Myanmar, while deeply regretting the continued non-cooperation of the
Myanmar military with the Special Rapporteur and the denial of access to Myanmar since
December 2017,
Welcoming further the reports of the United Nations High Commissioner for Human
Rights on the situation of human rights in Myanmar, including the report containing an
examination of the impact of the crisis in Myanmar on the mental health of the population
and of good practices in the provision of mental health services by civil society and
community-based organizations,1
Welcoming the initial activities carried out by the Special Envoy of the SecretaryGeneral on Myanmar, and encouraging her further engagement and dialogue, involving all
relevant national and regional stakeholders,
Welcoming also the request by the General Assembly in its resolution 79/182 of 17
December 2024 that the Secretary-General develop a strategy for the engagement of the
United Nations in Myanmar and identify ways in which the existing mandates can more
effectively deliver in their respective areas of responsibility concerning Myanmar and can
complement each other’s work through enhanced coordination,
Recognizing the crucial role of civil society in highlighting the most serious violations
and abuses of human rights and violations of international humanitarian law in Myanmar, as
relevant, and expressing concern at the continued attempts by the Myanmar military to
1
A/HRC/57/56.
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