The Prosecution is mindful that this is the first occasion on which it has sought a ruling under article 19(3). This course of action is justified by the exceptional circumstances at hand and it has been decided by the Prosecutor based on the discretion and independence vested in her by article 42 of the Statute. ... In the particular circumstances of this situation, and considering the unique nature of the issue in question, the Prosecutor therefore considers it appropriate to seek an article 19(3) ruling.
Duterte, in a speech at an awards ceremony at the Malacañang today (Thursday, April 5), expressed sympathy for the Rohingya and offered to help them.
In remarks that drew an angry response from Burmese government officials, he said: "I really pity the people there. I'm willing to accept refugees. Rohingyas, yes. I will help but we should split them with Europe."
He also criticised the international community's failure to tackle the problems in the country. "They can't even solve the Rohingya. That's what genocide is, if I may say so," he said.
Zaw Htay, a Burmese government spokesman, said the president's comments did not reflect the real situation.
"He doesn't know anything about Myanmar," he told Reuters. "The usual behavior of that person is to speak without restraint. That's why he said that."