"1) In the said press release, issued on August 9, 2018, there are many flaws from legal, ethical and accountable aspects. Firstly, it stated that Myanmar is not a party to the Rome Statue and the Court has no jurisdiction on Myanmar whatsoever. It is an incomplete utterance. In addition to that situation, under Article 13 (2) and (3) of the Rome Statue, the ICC will have jurisdiction if a situation is referred to the Prosecutor by the UN Security Council and if the ICC prosecutor has initiated the investigation. 2) The Myanmar Government argues that there can be no ICC jurisdiction in the Rohingya case given the general principle of treaty law that no state is bound by a treaty it is not a party to, citing Article 34 of the Vienna Convention on the Law of Treaties. This however ignores the fact that the consent of a state (through treaty or otherwise) is not required for a court to exercise criminal jurisdiction over a state?s nationals. We may note that national courts often exercise criminal jurisdiction over foreign defendants for crimes against national law but indeed also for international crimes (e.g., crimes against humanity) regardless where in the world the latter have been committed. The exercise of such jurisdiction is based on customary international law grounds such as territoriality and universality. There is no reason to assume that the ICC?s jurisdiction is less extensive than that of the national courts..."