"Apartheid, an Afrikaans word meaning “apartness,” describes an ideology of racial segregation that had been practiced in South Africa from the time of the Cape Colony’s founding by the Dutch East India Company in 1652. Keeping two different traffic lights in the black and white in the same road may damage both. Similarly, implementing the 1982 citizenship law for Muslims excluding Buddhists will never bring democracy and peace in Myanmar. This legal analysis considers persecution of the Rohingya in Myanmar constitute genocide, as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Genocide Convention, 1 which was adopted by the General Assembly of the United Nations in 1948 and entered into force in 1951, declares that genocide is a crime under international law. I will present legal point of view and historical point of view to see the clear picture of crime against humanity against Rohingya in Myanmar. Though Rohingya enjoyed citizenship right as well as indigenous ethnic right until 1965, during the dictatorship era, General Ne Win planned to annihilate Rohingya through State policy. Ne Win, changed name of Rohingya first, then, started the institutionalized persecution. Military junta, since 1988, systematically committed genocidal process against Rohingya. The 153-page report, “‘All You Can Do is Pray’: Crimes Against Humanity and Ethnic Cleansing of Rohingya Muslims in Burma’s Arakan State,” describes the role of the Burmese government and local authorities in the forcible displacement of more than 125,000 Rohingya and other Muslims and the ongoing humanitarian crisis. Burmese officials, community leaders, and Buddhist monks organized and encouraged ethnic Arakanese backed by state security forces to conduct coordinated attacks on Muslim neighborhoods and villages in October 2012 to terrorize and forcibly relocate the population. The tens of thousands of displaced have been denied access to humanitarian aid and being unable to return home..."