V. Legal Framework and Analysis 88 by the U.N. Security Council.294 Thus, the prosecution of crimes committed in Malaysia or by a national of Malaysia after March 4, 2019 is within the jurisdiction of the ICC. Crimes committed in Malaysia prior to March 4, 2019 would be within the jurisdiction of the court if Malaysia agreed to ICC jurisdiction or if the U.N. Security Council referred the situation to the Court. Under Article 7 of the Rome Statute, a crime against humanity is committed when one or more prohibited criminal acts enumerated by the Statute are “committed as a part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”295 This section examines the possibility that: (1) a transnational criminal syndicate committed the crimes of murder, extermination, enslavement, deportation or forcible transfer, imprisonment, torture, and rape, (2) as part of a widespread and systematic attack directed against the Rohingya civilian population displaced from Rakhine State, Myanmar, and (3) with knowledge of the widespread and systematic attack. In order to convict under Article 7 for crimes against humanity, as in all crimes before the ICC, the court must be convinced beyond reasonable doubt.296 For the purposes of issuing a warrant for the arrest of an individual for alleged criminal responsibility in the commission of crimes against humanity, the prosecutor must show that “evidence provides reasonable— not conclusive or definitive—grounds to believe that the person committed a crime within the jurisdiction of the Court.”297 Ultimately, the Commission and Fortify Rights conclude that there are reasonable grounds to believe that a transnational criminal syndicate involved in mass human trafficking of Rohingya in Southeast Asia between 2012 and 2015 committed crimes against humanity under the ICC Statute. Those crimes include murder, extermination, enslavement, forcible transfer, torture, and rape/ sexual slavery as part of a widespread or systematic attack directed against a civilian population pursuant to or in furtherance of the syndicate’s organizational policy to commit such attack and with knowledge of the attack. Given that the Malaysian government appears serious about investigating the crimes that resulted in the mass graves at Wang Kelian, neither the Commission nor Fortify Rights advocates that these crimes be referred to the ICC. Moreover, the ICC would not accept jurisdiction given that Article 17(1)(a) of the Rome Statute makes clear that a case is inadmissible to the ICC where it is, “being investigated or prosecuted by a State which has jurisdiction over it . . . .”298 However, Article 17(1)(a) continues that a case is admissible where “the State is unwilling or unable genuinely to carry out the investigation or prosecution[.]” Thus, if the RCI and Malaysian authorities do not carry out a thorough and genuine investigation, the Commission and Fortify would advocate for ICC referral of the crimes documented in this report. Prohibited Acts of Crimes Against Humanity A crime against humanity involves the commission of one or more of the following prohibited criminal acts: murder, extermination, enslavement, deportation or forcible transfer, imprisonment, torture, rape and other forms of sexual violence, persecution, enforced disappearance, apartheid, 294 See, Rome Statute of the International Criminal Court (Rome Statute), adopted July 17, 1998, 2187 U.N.T.S. 90, U.N. Doc. A/CONF.183/9, 2002, arts. 5(2), 12(b), 12(3), 13(b). 295 Id. at art. 7(1). 296 Id. at art. 66(3). 297 Prosecutor v. Omar Hassan Ahmad Al-Bashir, ICC, Case No. ICC-02/05-01/09-OA, Decision (Appeal) February 3, 2010, para. 17 (finding that, “at this preliminary [pre-trial, warrant seeking] stage, it does not have to be certain that that person committed the alleged offence. Certainty as to the commission of the crime is required only at the trial stage of the proceedings (see article 66 (3) of the Statute), when the Prosecutor has had a chance to submit more evidence.”) 298 Rome Statute, art. 17, Issues of Admissibility.