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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