A/HRC/42/CRP.5 were military objectives, under the rules of international humanitarian law.1147 The Mission also identified the Tatmadaw’s June 2018 attack in Shan State as requiring further investigation to determine whether it was indiscriminate or disproportionate under the rules of international humanitarian law. The investigations are warranted based on the Tatmadaw’s use of force in civilian populated areas, the harm it caused to civilians and the nature of the two attacks. With respect to the August 2019 attack northeast of Lashio, the August/September 2019 attacks in northern Shan State and the March 2019 attack in the Hsipaw Township of Shan State, the Mission also suggests further verification of the facts and investigations into these incidents. 492. The Mission expresses the same concerns it articulated with respect to the military use of schools in this report’s section on the armed conflict between the Tatmadaw and the Arakan Army.1148 It shares the United Nations Security Council’s concerns regarding the military use of schools “in contravention of applicable international law, recognizing that such use may render schools legitimate targets of attack, thus endangering children’s and teachers’ safety as well as children’s education”.1149 493. The Mission has similar concerns with the Tatmadaw’s use of places of worship and a hospital as a military base in Kachin State, that latter of which requires an investigation into the harm caused to civilians who lost access to medical care and services. Reports that the Tatmadaw intentionally uses civilian buildings to deter attacks from EAOs raised serious concerns that the Tatmadaw may be using civilians as human shields in violation of international humanitarian law. Human shields have been defined as “utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations”.1150 494. Finally, the Mission concludes on reasonable grounds that the Tatmadaw has harassed and instilled such fear in the civilian population that civilians are deterred from accessing essential goods and services, including medical care, and that the Tatmadaw has done this with no discernible military purpose. The Mission also concludes on reasonable grounds that this harassment and fear violate the Tatmadaw’s obligation to take constant care to spare the civilian population.1151 2. Torture and other cruel, inhuman or degrading treatment or punishment 495. Throughout its unilateral ceasefire, the Tatmadaw has continued its practice of inflicting severe pain or suffering on men and boys detained on suspicion of supporting or being members of EAOs. In the great majority of cases investigated by the Mission, Tatmadaw soldiers hit victims on their heads with the ends of firearms, knives or sticks.1152 Other mistreatment included kicking, punching and other forms of beatings, tying up hands with ropes, tying victims to trees, jabbing of the victims’ skin with knives and forced nudity.1153 Tatmadaw soldiers also used sexual violence against women.1154 1147 1148 1149 1150 1151 1152 1153 1154 See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 15 (principle of precautions in attack) and rule 16 (target verification). See Chapter V, section C. 2.: The conflict between the Tatmadaw and the Arakan Army: the use of and damage to schools and religious sites. UNSC Res. S/RES/2427 (2018). The use of human shield is a war crime in a non-international armed conflict. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 97 (human shields) and rule 156 (definition of war crimes). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 15 (principle of precautions in attack). GI-024, GI-028, GI-035, GI-045, GI-046. GI-024, GI-028, GI-030, GI-034, GI-035, GI-045, GI-046, GI-051, PI-164. See section on sexual and gender-based violence in this Chapter. 137