A/HRC/42/CRP.5
present in the village at the time of the attack. The soldiers’ public manner and amount of
time they took to set up camp, place artillery at a monastery, walk around the village and
rest under trees before opening fire on Sin Taung indicates that the Tatmadaw was not
concerned that the AA was present in the areas, would attack them or could prepare for a
counterattack. There are no indications that the monastery, from which the Tatmadaw
launched its lengthy attack, sustained any damage or that soldiers stationed in the
monastery were injured or killed. This also indicates to the Mission that the Tatmadaw
knew that the AA was not present immediately before or during the course of its attack.
306. The Tatmadaw must have known that the village was populated with civilians, who
went about their daily activities as they saw the Tatmadaw enter the area. The Tatmadaw
also opened fire on the morning of 22 March deterring villagers from collecting and caring
for the wounded. With strong indications of the AA’s absence and undeniable indications
of a civilian presence in Sin Taung, the Mission concludes on reasonable ground that the
Tatmadaw’s attack on Sin Taung on 21-22 March 2019 was either indiscriminate or may
have been directed against civilians, both are violations of international humanitarian law
and the latter amounts to a war crime.698 The Mission also concludes on reasonable grounds
that the Tatmadaw violated its obligation to enable the wounded villagers to be collected
and cared for.699 The Tatmadaw violated this obligation in two respects. First, the
Tatmadaw could and should have collected the wounded and it violated this obligation
when it failed to do so.700 From all indications, soldiers were available and the AA was
absent from the area. Other operational constraints, such as time and distance, did not
appear to be constraining factors. Second, even if it was unreasonable for the Tatmadaw
itself to collect the wounded, the Tatmadaw violated its general obligation to enable the
wounded to be collected and cared for when it fired upon villagers who sought to assist the
wounded.701 Furthermore, given that the Tatmadaw had ample time to warn villagers of an
impending attack and that doing so would have had no noticeable negative military
repercussions on the Tatmadaw, the Mission concludes on reasonable grounds that, even if
the military’s attack was directed at the AA, the Tatmadaw failed in its obligation to give
effective advance warning to the civilian population under circumstances that permitted it
to do so.702
(c)
Sai Din Waterfall, Buthidaung Township - 3 April 2019
307. The Mission received credible reports that, on the afternoon of Wednesday 3 April,
the Tatmadaw used two helicopters during an attack that resulted in the deaths of at least
nine Rohingya.703 More than ten Rohingya, including at least five minors, were seriously
injured in the attack.704
698
699
700
701
702
703
704
94
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 1
(the principles of distinction between civilians and combatants), and rule 156 (definition of war
crimes).
Common Article 3 to the four Geneva Conventions, 3(1)(2). See also J.M. Henckaerts and L.
Doswald-Beck, Ibid., rule 109 (search for, collection and evacuation of the wounded, sick and
shipwrecked).
Jean-Marie Henckaerts, eds., Commentary on the First Geneva Convention: Convention (I) for
the Amelioration of the Condition of the Wounded in Armies in the Field, International Committee of
the Red Cross, 15 December 2016, Commentary to Article 3, paras 751 and 753.
Ibid., para 768 (“In order to protect the wounded and sick, those searching, collecting and caring for
them, as well as their transports and equipment, also need to be protected”).
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 20 (advance warning).
CI-287, FI-026, RI-019.
CI-287, FI-023, FI-026, FI-027, See also, Reuters, “Myanmar villagers, lawmaker say 'helicopter
attack' kills five Rohingya, wounds 13” (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 Army Helicopter Attack Kills
at Least 10 Rohingya Muslims in Rakhine State” (04 April 2019), The Irrawaddy, “Six Rohingya
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