A/HRC/42/CRP.5 He also claimed the victims were with AA fighters.713 Another military spokesperson, Brigadier General Zaw Min Tun, was quoted by the media as providing a similar justification for the attack, saying six Rohingya were killed and others were injured because they were “together with the AA”714 Some injured villagers later admitted to Buthidaung Hospital received compensation from the Myanmar Army.715 311. The survivors of this incident had difficulties transporting injured people to hospitals, as boat transport was the only means for moving the victims. 716 The ICRC in a statement said that it had visited the wounded in hospital and that they were in “urgent need of surgery”. They offered their support, in case of need, including medical supplies or transfer to Sittwe hospital.717 312. The Mission did not receive any reports from witnesses who saw, or knew of the AA being, in the immediate area at the time of the attack.718 The AA spokesperson Khine Thukha denied that the AA was engaged in any fighting in the area on the day of the helicopter attack.719 From photographs of the victims, reviewed by the Mission, the victims all appeared to be in civilian clothing. Conclusions and legal findings 313. The Mission concludes on reasonable grounds that the Tatmadaw’s helicopter attack in the Sai Din (San Goe Taung) mountain area on 3 April 2019 constituted an indiscriminate attack that killed and injured civilians, possibly as a result of the Tatmadaw failing to do everything feasible to verify that the people it attacked were civilians. The facts also provide strong indications that the attack may in fact have been directed at Rohingya civilians. These are all violations of international humanitarian law.720 Making civilians the object of attack is also a war crime. 721 The Mission draws this conclusion from several observations. AA fighters regularly wear identifiable uniforms while operating outside populated areas, whereas the people killed in the attacks wore civilian clothes. The helicopter operators must have been able to observe this distinction when the helicopter 713 714 715 716 717 718 719 720 721 96 V-370, The Office of the Commander-in-Chief of Defence Services, "Tatmadaw fought the AA violent insurgents that arrived near War Kaote Chaung village with the intention to intimidate nearby villages in the vicinity, including Buthidaung Town and Wa Kaote Chaung village" (4 April 2019): http://cincds.gov.mm/node/2371, Radio Free Asia, “Myanmar Military Acknowledges Deadly Helicopter Attacks on Rohingya Villagers” (05 April 2019), Frontier Myanmar, “Myanmar says six Rohingya killed in attack were 'with insurgents' (08 April 2019). The Office of the Commander-in-Chief of Defence Services, "Tatmadaw fought the AA violent insurgents that arrived near War Kaote Chaung village with the intention to intimidate nearby villages in the vincinity, including Buthidaung Town and Wa Kaote Chaung village" (4 April 2019): http://cincds.gov.mm/node/2371; The Irrawaddy, “Six Rohingya Workers Killed in Army Helicopter Attack” (04 April 2019), UCANEWS, “Six Rohingya killed in Rakhine helicopter attack” Myanmar military claims that Muslim villagers were with Arakan Army members in Buthidaung (05 April 2019), Radio Free Asia, “Myanmar Military Acknowledges Deadly Helicopter Attacks on Rohingya Villagers” (05 April 2019). V-370, http://cincds.gov.mm/node/2371 (Myawady Daily). LM-058, V-370, Radio Free Asia, “Myanmar Army Helicopter Attack Kills at Least 10 Rohingya Muslims in Rakhine State” (04 April 2019). Reuters, “Myanmar villagers, lawmaker say 'helicopter attack' kills five Rohingya, wounds 13” (04 April 2019), U.S.News, “Myanmar Villagers, Lawmaker Say 'Helicopter Attack' Kills Five Rohingya, Wounds 13” (04 April 2019), Dhaka Tribune, “Helicopter attack kills five Rohingyas, wounds 13” (04 April 2019), The Daily Star “Helicopter attack kills 5 Rohingyas” (05 April 2019), Press TV, “Five killed as Myanmar military chopper attacks Rohingya Muslims” (04 April 2019). FI-026, UCANEWS, “Six Rohingya killed in Rakhine helicopter attack” Myanmar military claims that Muslim villagers were with Arakan Army members in Buthidaung (05 April 2019). Radio Free Asia, “Myanmar Army Helicopter Attack Kills at Least 10 Rohingya Muslims in Rakhine State” (04 April 2019), The Irrawaddy, “Six Rohingya Workers Killed in Army Helicopter Attack” (04 April 2019). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 11 (indiscriminate attacks), rule 16 (target verification), and rule 1 (the principles of distinction between civilians and combatants). Ibid, rule 156 (definition of war crimes).