A/HRC/42/CRP.5
caused to cultural property also indicates that the Tatmadaw violated the protections
afforded under international law to cultural property from acts of hostility. 674 The Mission
makes this finding because it concluded on reasonable grounds that the protected objects
did not constitute military objects and that there existed no imperative military necessity
that justified their use or damage.675
(b)
Sin Taung, Buthidaung Township –– 21-22 March 2019
297. In the afternoon of Thursday 21 March 2019, soldiers from the 22 nd LID entered the
village of Say Taung in Buthidaung Township,676 a village that had been hosting people
from other villages displaced by the conflict. 677 Some soldiers based themselves in a
monastery east of the village,678 where they rested and ate. The same soldiers also set up a
number of large artillery pieces inside the temple complex.679 Other soldiers walked around
the village during the afternoon, some of whom rested under trees on the other side of the
river to the monastery.680 Villagers did not regard the soldiers located in and around the
village as a threat and the soldiers did not act as if they were in danger of an AA attack.
Villagers continued their business as normal. While villagers were surprised at the troop
presence, they did not anticipate any violence.681 As one woman stated:
When the soldiers arrived in the village, they did not do anything, some just stayed
inside the temple, and others walked around, and were sitting under trees in the
shade. The soldiers were cooking and eating. Everyone was functioning normally.
Since the villagers don’t have any real business with the soldiers, there was nothing
suspicious, so we, the women, continued to go to the water pump and go about our
business.682
298. After dark, at around 9.30 pm, a commander inside the temple gave an order and
soldiers started launching munitions towards the village.683 Tatmadaw soldiers stationed
around the village and in the temple also opened fire.684 Simultaneously, security forces
fired artillery towards the village from the direction of Buthidaung Town. 685 A man who
took shelter in the temple described the situation:
The Tatmadaw Commander inside the temple had a kind of military communication
equipment. He would talk into this machine, and then an artillery would fire from
the direction of Buthidaung town. So it seems like the soldier was giving the
directions to the military base which allowed them to shoot towards the location. 686
299. Once the shelling started, villagers sought shelter in homemade bunkers. One
villager, who lost a number of family members that night, described how he and his wife
took shelter in a bunker:
674
675
676
677
678
679
680
681
682
683
684
685
686
92
1954 Hague Convention, Article 4 (1) and (2).
While Myanmar is not party to the Second Protocol to the 1954 Convention, it nonetheless provides
instructive clarification that imperative military necessity can only be invoked to use cultural property
for purposes which are likely to expose it to destruction or damage when and for as long as no choice
is possible between such use of cultural property and another feasible method for obtaining a similar
military advantage. See, Second Protocol to the 1954 Hague Convention, art. 6.
LI-210, LI-211, 212, LI-213, The Irrawaddy, “5 Civilians Killed as Tatmadaw Troops Open Fire on
Village in N. Rakhine: Witnesses” (The Irrawaddy, 22 March 2019). Rakhine: Witnesses” (22 March
2019).
LI-211, Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s
Rakhine State, (May 2019), p.18.
LI-210, LI-211, LI-212, LI-213.
LI-213, LI-214.
LI-213, LI-214.
LI-213, LI-214.
LI-214.
LI-212, LI-213.
LI-211, Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s
Rakhine State, (May 2019), p. 18.
LI-212, LI-213.
LI-212.
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