A/HRC/42/CRP.5 565. The Mission notes that all EAOs engaged in armed conflict in Myanmar are bound by international humanitarian law under Common Article 3 of the four Geneva Conventions and customary international law. Directing attacks against civilians, indiscriminate attacks and attacks that are not proportionate are violations of international humanitarian law.1352 EAOs must also comply with the obligations under international humanitarian law to take precautionary measures to spare civilians and civilian objects. 1353 Further investigation is warranted to come to a determination as to whether the August 2019 attacks by the TNLA, the AA and the MNDAA constituted such violations, given that civilians were killed, civilian property was damaged and the destruction of the bridge may have had deleterious effects on the civilian population. 566. The Mission also has concerns with the EAOs’ location of military objects and fighters in and around civilian areas in a manner that increases civilian exposure to the dangers of conflict, although it was unable to draw specific findings at the end of its investigation. The Mission strongly encourages EAOs to review their practices. It also emphasizes that civilians do not lose their civilian status or protections, unless and for such time as they take a direct part in hostilities. 1354 in situations where an EAO breaches its international humanitarian law obligations, including its obligations to take all feasible precautions to protect civilians and civilian objects under its control against the effects of an adversary’s attacks1355 and, to the extent feasible, to avoid locating military objectives within or near densely populated areas.1356 567. International humanitarian law also prohibits acts of rape, sexual violence, torture, cruel treatment and outrages upon a person’s human dignity. 1357 Many of these acts constitute war crimes and must be criminally investigated and, where appropriate, prosecuted.1358 The Mission concludes on reasonable grounds that SSA-S fighters in Shan State inflicted severe pain or suffering on a group of Ta’ang men that constituted cruel treatment or outrages upon their human dignity. The Mission was unable to determine if the treatment constituted torture. The Mission also finds additional investigation warranted into the alleged deaths of three Lisu civilians after the KIA took them into its custody in March 2019 and into uncorroborated allegations of physical or psychological abuses torture and killings by the SSA-S and the TNLA. 1352 1353 1354 1355 1356 1357 1358 152 See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 1 (the principles of distinction between civilians and combatants), rule 11 (indiscriminate attacks) and rule 14 (proportionality in attack). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 15 (principles of precautions in attack). See International Criminal Tribunal for the Former Yugoslavia (ICTY), The Prosecutor v. Stanislav Galić, Case No. IT-98-29-A, Judgment (Appeals Chamber), 30 November 2006, para. 194 (the failure of a party to abide by these obligations do not “relieve the attacking side of its duty to abide by the principles of distinction and proportionality when launching an attack”.) See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 22 (principle of precautions against the effects of attack). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 23 (location of military objectives outside densely populated areas). See, also, Toni, Pfanner, Military uniforms and the law of war, International Review of the Red Cross, No. 853, March 2004, p. 122. See, Common Article 3 to the four Geneva Conventions; See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 90 (torture and cruel, inhuman or degrading treatment) and rule 93 (rape and other forms of sexual violence). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 156 (definition of war crimes).