A/HRC/42/CRP.5 risk to their physical and mental safety and security through harassment and fear of physical abuse at checkpoints and during searches. The Government’s establishment and maintenance of this system that ensures deplorable living conditions for the Rohingya population also amounts to the crime against humanity of “other inhumane acts”. 219. In addition, the Mission has reasonable grounds to conclude that the Government has continued to commit the crime against humanity of persecution. Persecution is an act or omission that (i) discriminates in fact and which denies or infringes upon a fundamental right laid down in international customary or treaty law (actus reus); and (ii) was carried out deliberately with the intention to discriminate on one of the listed grounds, including race, religion, ethnicity, and culture See, also, Rome Statute, art. 7(1)(h). (mens rea).481 International courts and tribunals have found that “it is not necessary that every individuals act underlying the crime of persecution … be of a gravity corresponding to other crimes against humanity: underlying acts of persecution can be considered together”.482 It is clear from the findings that the Rohingya are the target of the inhumane acts outlined above, all of which include the denial of fundamental rights. 2. Genocide under the rules of State responsibility Inference of genocide 220. The Mission’s 2018 report called for investigations and prosecutions of certain individuals for the crime of genocide under the rules of international criminal law. In this report, the Mission has examined the question of whether Myanmar as a State bears responsibility too. The Mission concludes on reasonable grounds that the evidence supports an inference of genocidal intent and, on that basis, that the State of Myanmar breached its obligation not to commit genocide under the Genocide Convention under the rules of State responsibility. The Mission draws this conclusion based on four main findings that build upon its prior assessment of the crime of genocide under international criminal law. First, the Rohingya constitute a protected people under the Genocide Convention.483 Second, the Rohingya were the victims of numerous underlying acts of genocide, including killing, 484 serious bodily and mental harm,485 and conditions of life calculated to bring about their physical destruction,486 and may also have been victims of measure intended to prevent births.487 Third, those acts were attributable to the State and committed intentionally. 488 Finally, the Mission concludes on reasonable grounds that the State engaged in a pattern of conduct with, through inference, the genocidal intent to destroy the Rohingya in whole or in part as a people.489 3. State attribution for underlying acts of genocide 221. The rules of State responsibility focus on the acts and intentions of a State through its organs and agents. Under the rules of State responsibility, the State, not the individuals, bears responsibility and must be held to account for its actions. By contrast, international criminal law focuses on individual criminal liability and therefore focuses on the acts and 481 482 483 484 485 486 487 488 489 70 Prosecutor v. Šešelj Vojislav (MICT-16-99-A) para. 159; ICTR, Prosecutor v. Nahimana et al. (ICTR-99-52-A), Appeals Chamber Judgement, 28 November 2007, para. 985; ICTY, Prosecutor v. Kvočka, Appeals Chamber Judgement, 28 February 2005, para. 320; ICTY, Prosecutor v. Blaškić, Appeals Chamber Judgement, 29 July 2004, para. 131. See, also, Rome Statute, art. 7(1)(h). ICTY, Prosecutor v. Popivić et al., (IT-05-88-A), Appeals Chamber Judgement, 30 January 2015, para. 766. A/HRC/39/CRP.2, paras. 1390-1392. A/HRC/39/CRP.2, paras. 1394-1395. A/HRC/39/CRP.2, paras. 1396-1399. A/HRC/39/CRP.2, paras. 1400-1407. A/HRC/39/CRP.2, paras. 1408-1410. A/HRC/39/CRP.2, paras. 1390-1410. ICJ, Case Concerning Application of the Convention on the Prevention and Punishment of Genocide, (Croatia v. Serbia), Judgment, 3 February 2015, para. 145; and ICJ, Case Concerning Application of the Convention on the Prevention and Punishment of Genocide, Bosnia Herzegovina v. Yugoslavia (Serbia and Montenegro), Judgment, 27 February 2007, para. 373.