Summary 17 Lastly, Chapter V of 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 the men, women, and children trafficked from Myanmar and Bangladesh from 2012 to 2015. The criminal dimensions are evaluated based on standards set forth in the Rome Statute of the International Criminal Court (ICC)—to which the Government of Malaysia acceded in March 2019—as well as ad hoc tribunals established by the U.N. Security Council, such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. 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.” This report finds reasonable grounds to believe that a criminal organization committed the crimes of murder, extermination, enslavement, deportation or forcible transfer, imprisonment, torture, and rape, as part of a widespread and systematic attack directed against Rohingya civilians from Myanmar and Bangladesh, and they did so with knowledge of the widespread and systematic attack underway. The Commission and Fortify Rights therefore have reasonable grounds to believe that human-trafficking networks committed crimes against humanity at sea and in camps in Malaysia and Thailand against Rohingya civilians from 2012 to 2015. An organized criminal network has yet to be prosecuted for crimes against humanity in any court, but there are sound arguments why some could be, provided all the elements of the crimes are met. Many of these are the same reasons why the U.N. originally established the ICC and other ad hoc tribunals, such as to ensure a venue to prosecute the most grievous crimes where there is no domestic court with the ability or will to do so. The preamble of the Rome Statute reads, “[T]he most serious crimes of concern to the international community as a whole must not go unpunished.” Many criminal syndicates throughout the world operate in precisely such conditions—with relative impunity and low probability that they will face punishment for their crimes. Despite some measures towards accountability for the trafficking of Rohingya and Bangladeshis, considerable work remains to ensure justice for and prevent a reocurrence of the crimes documented in this report. On February 28, Malaysian Home Minister Tan Sri Muhyiddin Yassin announced that Former Chief Justice Tun Arifin Zakaria would lead a Royal Commission of Inquiry (RCI) to investigate and ensure accountability for the human trafficking and mass graves in Wang Kelian. The seven-member RCI includes the former Inspector-General of Police Tan Sri Norian Mai and other former government and elected officials. The establishment of the RCI signals fresh political will by the Government of Malaysia to account for the crimes perpetrated by traffickers against Rohingya and Bangladeshis from 2012 to 2015. The Commission and Fortify Rights recommend that the RCI aim to establish the facts and circumstances surrounding the human trafficking, deaths, mass graves, and government responses at Wang Kelian. The RCI should analyze relevant facts under Malaysian and international law to identify all violations of law. Where possible, it should identify those responsible and provide concrete recommendations to prevent future violations, protect the rights of survivors, and ensure accountability. The Government of Malaysia should also be prepared to fully implement the recommendations of the RCI, protect the rights of survivors of human trafficking and refugees in Malaysia, and put into place measures to prevent such crimes from occurring again.