The International Criminal Court (ICC) ruled on Thursday that it has jurisdiction over alleged deportations of Rohingya people from Myanmar to Bangladesh as a possible crime against humanity.

The decision at the Hague-based court paves the way for prosecutor Fatou Bensouda to further examine whether there is sufficient evidence to file charges in the case, although she has not done so yet.

Ms Bensouda’s representatives were not immediately available for comment.

Although Myanmar is not a member of the Hague-based court, Bangladesh is, and the cross-border nature of deportation was sufficient for jurisdiction, the court said.

“The court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people,” a three-judge panel said in a written summary of their decision. “The reason is that an element of this crime – the crossing of a border – took place on the territory of a state party [Bangladesh].”

Myanmar’s government spokesman Zaw Htay did not respond to calls seeking comment on the ICC decision, instead sending a text response: “I can’t talk right now.”

The office of government leader Aung San Suu Kyi last month said Myanmar was “under no obligation to enter into litigation with the prosecutor”, and setting the jurisdiction over the case would “set a dangerous precedent whereby future populistic causes and complaints against non-State Parties ... may be litigated”.

Ms Bensouda had asked the ICC’s judges for a formal opinion on whether the fact that alleged crimes had at least in part happened on the territory of a member state brought them under the court’s purview.

Rohingya crisis one year on – Myanmar camps in pictures Show all 30 1 /30 Rohingya crisis one year on – Myanmar camps in pictures Rohingya crisis one year on – Myanmar camps in pictures Rohingya women and children wait in line for a food distribution of super cereal at Action Against Hunger Getty Images Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees gather near the fence in the "no man's land" zone between Myanmar and Bangladesh border AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya women cry as they shout slogans during a protest rally to commemorate the first anniversary of Myanmar army's crackdown AP Rohingya crisis one year on – Myanmar camps in pictures A Rohingya Muslim child holding an umbrella while under the rain AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees cry as they pray during a gathering to commemorate the first anniversary of Myanmar army's crackdown which lead to a mass exodus of Rohingya Muslims to Bangladesh AP Rohingya crisis one year on – Myanmar camps in pictures Police stand near the checkpoint at the Shwe Zar village in Maungdaw township, Rakhine State, western Myanmar EPA Rohingya crisis one year on – Myanmar camps in pictures A group of Rohingya refugee children stand at a makeshift camp EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugee Juhara, whose name has been changed to protect her identity, poses for a portrait at the Kutapalong refugee camp near Cox's Bazar in southern Bangladesh. Juhara passes her days carting water with difficulty to thirsty bricklayers working in a bustling corner of Cox's Bazar. She has just one hand - the other was cleaved off in a raid on her village after the August 25 clampdown started last year. Her husband and parents were killed. The 40-year-old said she ran for her life but was hunted down and savagely attacked AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees walk on a road along a makeshift camp in Kutubpalang EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees are seen outside of their makeshift tent in the Kutupalong camp in Cox's Bazar Reuters Rohingya crisis one year on – Myanmar camps in pictures Thousands of Rohingya refugees staged protests for "justice" on August 25 on the first anniversary of a Myanmar military crackdown that forced them to flee to camps in Bangladesh AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures A Rohingya refugee child looks through a window at a makeshift camp in Teknuf EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugee women hold placards as they take part in a protest at the Kutupalong refugee camp Reuters Rohingya crisis one year on – Myanmar camps in pictures A young Rohingya boy waits in line for a food Getty Images Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees shout slogans during a protest march AFP/Getty Images Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugee girl with other children at a makeshift camp in Teknuf in Cox's Bazar EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya women protest on the first anniversary of the Rohingya crisis Getty Images Rohingya crisis one year on – Myanmar camps in pictures Rohingya women and children receive super cereal at Action Against Hunger Getty Images Rohingya crisis one year on – Myanmar camps in pictures Rohingya girls share a laugh in Kutupalong, the largest refugee camp housing the Rohingya Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees gather near the fence in the "no man's land" zone between Myanmar and Bangladesh border AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees attend a ceremony organised to remember the first anniversary of a military crackdown that prompted a massive exodus of people from Myanmar to Bangladesh AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rashida Begum, a Rohingya refugee woman walks on the Kutupalong camp in Cox's Bazar Reuters Rohingya crisis one year on – Myanmar camps in pictures A Rohingya refugee bursts into tears as she shouts slogans during a protest march AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugee baby Nur Sadek two years old undergoing treatment at a Medecins Sans Frontieres (MSF) hospital in Teknuf in Cox's Bazar EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees protest Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees perform prayers AFP/Getty Rohingya crisis one year on – Myanmar camps in pictures Rashida Begum, a Rohingya refugee woman bathes her son in the Kutupalong camp Reuters Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees protest Getty Rohingya crisis one year on – Myanmar camps in pictures Rohingya refugees walk on a muddy road EPA Rohingya crisis one year on – Myanmar camps in pictures Rohingya women and children wait in line for a food distribution of super cereal at Action Against Hunger Getty

However, Thursday’s ruling was potentially more expansive than some experts had foreseen.

The judges said: “The court may also exercise its jurisdiction with regard to any other crime set out in article 5 of the statute, such as the crimes against humanity of persecution and/or other inhumane acts.”

With this decision, the prosecutor “has no choice but to submit a request” to open a preliminary examination, University of Amsterdam international law expert Kevin Jon Heller said.

An independent UN fact-finding mission in August concluded that Myanmar’s military last year carried out mass killings and gang rapes of Muslim Rohingya with “genocidal intent” and the commander-in-chief and five generals should be prosecuted for orchestrating the gravest crimes under law.

About 700,000 Rohingya fled the crackdown and most are now living in refugee camps in Bangladesh.

Myanmar has denied committing atrocities against the Rohingya, saying its military carried out justifiable actions against militants. It has so far signalled it does not intend to cooperate with the international court.