“Sold Like Fish” This report employs treaty-based and customary law frameworks of international human rights law and international criminal law to examine the legal implications of the violence perpetrated against Rohingya men, women, and children from 2012 to 2015.292 The scope of this review includes both international law crimes enforceable by international bodies and international law crimes that have been transposed into domestic law enforceable by the Malaysian authorities. This chapter first analyzes whether the facts documented in this report constitute crimes against humanity under international law. It then analyzes the facts under the standards set forth in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which Malaysia, Thailand, and Myanmar have adopted and are enforceable by domestic authorities. CRIMES AGAINST HUMANITY The criminal dimensions of this conduct are evaluated based on standards set forth in the Rome Statute of the International Criminal Court (ICC) as well as ad hoc tribunals established by the U.N. Security Council, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Notably, Malaysia acceded to the Rome Statute on March 4, 2019.293 ICC jurisdiction is limited to when a crime is committed within a country or by a national of a country that is a party to the Rome Statute; when a state agrees to ICC jurisdiction; or when a situation is referred to the Office of the Prosecutor 292 Notably, Malaysia is a party to the Convention on the Rights of the Child (CRC), adopted September 2, 1990, G.A. Res. 44/25, U.N. Doc. A/44/49 (1990), acceded by Malaysia February 17, 1995; the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), adopted September 3, 1981, G.A. Res. 34/180, U.N. Doc. A/34/46 (1981), acceded by Malaysia July 5, 1995; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted November 15, 2000, G.A. Res. 55/25, U.N. Doc. A/55/383, acceded by Malaysia February 26, 2009. Other international instruments, including International Covenant on Civil and Political Rights (ICCPR), to which Malaysia is not a party, are considered part of customary international law and binding on all states. ICCPR, adopted March 23, 1976, G.A. Res. 2200A (XXI), U.N. Doc. A/6316 (1966). 293 Malaysia: Accession, Rome Statute of the International Criminal Court, Depository Notification C.N.69.2019.TREATIES-XVIII.10, https://treaties.un.org/doc/Publication/ CN/2019/CN.69.2019-Eng.pdf (accessed March 25, 2019); Malaysia Ministry of Foreign Affairs, “Malaysia Accedes to the Rome Statue Statute of the International Criminal Court,” press release, March 4, 2019, http://www.kln.gov.my/web/guest/-/press-release-malaysiaaccedes-to-the-rome-statute-of-the-international-criminal-court (accessed March 25, 2019). . LEGAL FRAMEWORK V. LEGAL FRAMEWORK AND ANALYSIS