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.
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