A/HRC/RES/43/26 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 work of the Special Envoy of the Secretary-General on Myanmar, and encouraging her further engagement and dialogue involving all relevant stakeholders, including civil society, as requested by the General Assembly in its resolution 72/248 of 24 December 2017, Welcoming further the report of the United Nations High Commissioner for Human Rights on the root causes of the human rights violations and abuses the Rohingya people and other minorities in Myanmar are facing, 5 Recognizing the ongoing humanitarian efforts and commitments that the Government of Bangladesh, in cooperation with United Nations agencies and the international community, including all humanitarian actors, has extended to those fleeing human rights violations and abuses in Myanmar, Recognizing also the complementary and mutually reinforcing work of the various United Nations mandates working on Myanmar to improve the humanitarian situation and the situation of human rights in the country, Noting that the International Criminal Court has authorized a prosecutor to investigate alleged crimes within the Court’s jurisdiction in the situation in Bangladesh and in Myanmar, Welcoming the order of the International Court of Justice of 23 January 2020 in the case lodged by the Gambia against Myanmar on the application of the Convention on the Prevention and Punishment of the Crime of Genocide, which concluded that, prima facie, the Court had jurisdiction to deal with the case, which found that the Rohingya in Myanmar appeared to constitute a “protected group” within the meaning of article 2 of the Genocide Convention, and that there was a real and imminent risk of irreparable prejudice to the rights of the Rohingya in Myanmar, and which indicated provisional measures against Myanmar, Noting that the Independent Commission of Enquiry established by the Government of Myanmar on 30 July 2018, notwithstanding the limits of its terms of reference and modus operandi, recognized in the executive summary of its final report, which has not yet been made public in its entirety, 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 Myanmar security forces were involved, Recalling that States have the primary responsibility to respect, protect and fulfil human rights, and have the responsibility to comply with their obligations to prosecute those responsible for violations of international law, including international humanitarian law, international human rights law and international refugee law, and for abuses of human rights law, and to provide an effective remedy to any person whose rights have been violated or abused with a view to end impunity, Reiterating the urgent need to ensure that all those responsible for violations of international law, including international humanitarian law, international human rights law and international refugee law and for abuses of human rights law, in particular in Rakhine, Kachin and Shan States, are held to account through credible, competent and independent national or international criminal justice mechanisms, while recalling the authority of the Security Council to refer the situation in Myanmar to the International Criminal Court, and reiterating its invitation to Myanmar to become a party to the Rome Statute of the International Criminal Court or to accept the exercise of jurisdiction of the International Criminal Court in accordance with article 12 (3) of the Rome Statute, Reiterating its deep concern at the escalation of violence between the Myanmar armed forces (the Tatmadaw) and the Arakan Army in Rakhine and Chin States, the continuing forced displacement of civilians, including of ethnic minorities, abductions, arbitrary detentions and killings, and the use of facilities, functioning as schools, for military purposes, as well as reports of violations and abuses of human rights, including the use of landmines, 5 2 A/HRC/43/18.