A/HRC/42/CRP.5 town for security” and that “AA terrorists took position in civilian houses”. 648 It was unclear if this was the same AA attack that the Tatmadaw used to justify its convoy opening fire in Mrauk-U town. Villagers denied the presence of AA in the village during the attack.649 On 18 March 2019, at around 7 pm, Tatmadaw soldiers shelled the village. 650 Credible reports indicate that Tatmadaw forces stationed inside Police Regiment No. 31, nearby to the village, or the 540th Light Infantry Battalion based in Mrauk-U fired the munitions.651 286. As a result, at least six people, including children, sustained injuries. 652 One house was completely destroyed and other houses were damaged.653 287. A monk who arrived at the village late that night to assist survivors described the scene he encountered: Injured people were coming out of their houses and bunkers. Some had been hit in the arms and legs. They were injured because of the artillery. There were no bullet holes, just damage because of the artillery explosions. One private house was on fire and other houses were hit by shrapnel.654 288. Many of the villagers subsequently fled the village and sought refuge in a monastery in Mrauk-U town.655 A number of individuals injured in the attack sustained permanent disabilities as a result, including being unable to use their arms properly after injury, resulting in an inability to work.656 Some individuals who were wounded and sought treatment at the hospital in Mrauk-U town were later paid compensation by soldiers from the 22nd LID.657 Conclusions and legal findings: Indiscriminate and other unlawful attacks 289. The two attacks on 18 March 2019 in Mrauk-U town and Ywar Haung Taw village left twelve people, including children, injured from bullets and shelling. The Mission concludes on reasonable grounds that the attacks were indiscriminate and therefore in violation of international humanitarian law. They were indiscriminate because the attacks did not appear to be directed at a specific military objective. 658 Instead, the Tatmadaw appeared to target Mrauk-U town and Ywar Haung Taw village as a single military target 648 649 650 651 652 653 654 655 656 657 658 https://myanmar.gov.mm/web/guest/news-media/news/latest-news//asset_publisher/idasset354/content/--12, The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded, Displaced” (21 March 2019). LI-214, PI-167, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (18 April 2019), The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019), Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s Rakhine State, (May 2019), p.16. LI-214, See also The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019), The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (18 April 2019), Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s Rakhine State, (May 2019), p.16. LI-183, PI-167, The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019), The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded, Displaced” (21 March 2019). LI-214, PI-167, Nay Win San, “One Gunshot One Voice” (Development Media Group, 1 April 2019). LI-214, PI-167, The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded, Displaced” (21 March 2019), Nay Win San, “One Gunshot One Voice” (Development Media Group, 1 April 2019). LI-214. LI-214, PI-167, The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded, Displaced” (21 March 2019). LI-214, PI-167. PI-167, Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s Rakhine State, (May 2019), p.16. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 12 (definition of indiscriminate attacks). 89

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