A/HRC/42/CRP.5
town for security” and that “AA terrorists took position in civilian houses”. 648 It was
unclear if this was the same AA attack that the Tatmadaw used to justify its convoy
opening fire in Mrauk-U town. Villagers denied the presence of AA in the village during
the attack.649 On 18 March 2019, at around 7 pm, Tatmadaw soldiers shelled the village. 650
Credible reports indicate that Tatmadaw forces stationed inside Police Regiment No. 31,
nearby to the village, or the 540th Light Infantry Battalion based in Mrauk-U fired the
munitions.651
286. As a result, at least six people, including children, sustained injuries. 652 One house
was completely destroyed and other houses were damaged.653
287. A monk who arrived at the village late that night to assist survivors described the
scene he encountered:
Injured people were coming out of their houses and bunkers. Some had been hit in
the arms and legs. They were injured because of the artillery. There were no bullet
holes, just damage because of the artillery explosions. One private house was on fire
and other houses were hit by shrapnel.654
288. Many of the villagers subsequently fled the village and sought refuge in a monastery
in Mrauk-U town.655 A number of individuals injured in the attack sustained permanent
disabilities as a result, including being unable to use their arms properly after injury,
resulting in an inability to work.656 Some individuals who were wounded and sought
treatment at the hospital in Mrauk-U town were later paid compensation by soldiers from
the 22nd LID.657
Conclusions and legal findings: Indiscriminate and other unlawful attacks
289. The two attacks on 18 March 2019 in Mrauk-U town and Ywar Haung Taw village
left twelve people, including children, injured from bullets and shelling. The Mission
concludes on reasonable grounds that the attacks were indiscriminate and therefore in
violation of international humanitarian law. They were indiscriminate because the attacks
did not appear to be directed at a specific military objective. 658 Instead, the Tatmadaw
appeared to target Mrauk-U town and Ywar Haung Taw village as a single military target
648
649
650
651
652
653
654
655
656
657
658
https://myanmar.gov.mm/web/guest/news-media/news/latest-news//asset_publisher/idasset354/content/--12, The Irrawaddy, “Military Attacks on N. Rakhine Villages
Leaves Locals Wounded, Displaced” (21 March 2019).
LI-214, PI-167, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (18
April 2019), The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019),
Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s Rakhine
State, (May 2019), p.16.
LI-214, See also The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019),
The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (18 April 2019),
Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s Rakhine
State, (May 2019), p.16.
LI-183, PI-167, The Irrawaddy, “Reporter’s Notebook: On the Ground in Mrauk-U” (1 April 2019),
The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded, Displaced” (21
March 2019).
LI-214, PI-167, Nay Win San, “One Gunshot One Voice” (Development Media Group, 1 April 2019).
LI-214, PI-167, The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded,
Displaced” (21 March 2019), Nay Win San, “One Gunshot One Voice” (Development Media Group,
1 April 2019).
LI-214.
LI-214, PI-167, The Irrawaddy, “Military Attacks on N. Rakhine Villages Leaves Locals Wounded,
Displaced” (21 March 2019).
LI-214, PI-167.
PI-167, Amnesty International, No one Can Protect Us: War Crimes and Abuses in Myanmar’s
Rakhine State, (May 2019), p.16.
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 12 (definition of indiscriminate
attacks).
89
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