A/HRC/42/CRP.5 factor to making a safe, dignified and sustainable return of the Rohingya population impossible at this time. 7. Justice remains elusive for the victims of grave crimes under international law that the Mission documented in its last report, in particular those perpetrated during the 2016 and 2017 “clearance operations”. The Government of Myanmar has not taken the necessary measures to effectively investigate or prosecute those responsible. 8. The cumulative effect of these factors has led the Mission to conclude on reasonable grounds that the Government’s acts continue to be part of a widespread and systematic attack against the remaining Rohingya in Rakhine State, amounting to the crimes against humanity of inhumane acts and persecution. 9. Furthermore, having considered the Government’s hostile policies towards the Rohingya, including its continued denial of their citizenship and ethnic identity, the living conditions to which it subjects them, its failure to reform laws that subjugate the Rohingya people, the continuation of hate speech directed at the Rohingya, its prior commission of genocide and its disregard for accountability in relation to the “clearances operations” of 2016 and 2017, the Mission also has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened, that there is a serious risk that genocidal actions may occur or recur, and that Myanmar is failing in its obligation to prevent genocide, to investigate genocide and to enact effective legislation criminalizing and punishing genocide. Against this background, the Mission deems that the conditions enabling the safe, voluntary, dignified and sustainable return of close to one million Rohingya refugees from Bangladesh do not yet exist. The current conditions makes their return impossible at this time. Because of the absence of positive change over the past two years, the Mission cannot foresee when repatriation will be feasible. The conflict between the Tatmadaw and the Arakan Army 10. The most recent conflict between the Tatmadaw and the Arakan Army in northern Rakhine and southern Chin States bears many of the hallmarks of the Tatmadaw’s brutal military operations, in line with its notorious “four cuts” strategy. In an attempt to prevent civilian support to the insurgency, the Tatmadaw has cut the lifelines of ethnic Rakhine communities, restricting both people’s freedom of movement and humanitarian access, with direct consequences on access to food and livelihoods. Again the civilian population, especially ethnic Rakhine and Chin communities, bear the brunt of the Tatmadaw’s operations. 11. The Mission found that attacks by the Tatmadaw have resulted in civilian loss of life, including the lives of children. The Tatmadaw continues the practice of rounding up men and boys of fighting age in villages, interrogating them and, in some instances, detaining and torturing them for the purpose of obtaining confessions about their support to the Arakan Army. The Mission also documented deaths in custody that were the direct result of this practice. All of these acts have undeniably led to a general climate of fear and insecurity for the ethnic Rakhine. 12. The Mission concluded on reasonable grounds that a number of Tatmadaw attacks that took place over the last months, in the context of its conflict with the Arakan Army, violated several rules of international humanitarian law, in particular the rule prohibiting indiscriminate attacks. The Mission’s findings of violations of international humanitarian law also constitute violations of the right to life under international human rights law, which is applicable alongside international humanitarian law in situations of armed conflict. The Mission also calls attention to the military use of schools and places of worship and encourages the parties to the conflict to cease this practice. 13. Many of the patterns of violations, such as forced labour, torture and ill-treatment, that are associated with all of the Tatmadaw’s operations, were found to be prominent features of its conflict with the AA. These constitute violations of international human 6