The Chief Judicial Magistrate Fatou Bensouda sought to know whether the Rohingyas are being deported from Bangladesh under the International Criminal Court.
Mike Bensova, appearing in the International Criminal Court of The Hague on Monday, said that this is a rule.
It has been said in the petition that forced people of any country to fall into the crime against humanity from all parts of the international border. The United Nations Human Rights Commission has described it as an example of ethnic cleansing, and the United Nations special envoy to Myanmar has said that it has all the signs of genocide, it has also been mentioned in the petition.
"But there is some hesitation in the court's coverage here. Because Bangladesh is a member of this court, but not a member of Myanmar.
"Even then, the court can consider this matter as covered, as the crime is going beyond the international border and the court is facing its victims in the Bangladesh territory."
If it falls under the International Criminal Court, the council will investigate the complaint.
In August last year, after the start of the military operation in Myanmar, more than 700,000 Rohingya homes have come to Bangladesh and took shelter.
Many of the Rohingyas fleeing have accused Myanmar military forces of killing, burning houses, looting, kidnapping and rape.