A/HRC/42/CRP.3 aircraft in the commission of these violations, the Mission has examined the sources of the Tatmadaw’s arms and other equipment. 150. In analysing the sale of arms and related equipment to the Tatmadaw, the Mission focused its investigation on information concerning deliveries and orders since 2016. 361 During this period, especially after November 2016, States and foreign companies, including foreign SOEs, knew or ought to have known that Myanmar security forces, including the Tatmadaw, were responsible for gross violations of human rights law in northern Rakhine State. In confirmation of this, in at least one domestic jurisdiction, a petition was filed in early 2017 that successfully blocked the delivery of military equipment to the Tatmadaw on the basis of the events in October 2016 in northern Rakhine.362 151. As the situation deteriorated from October 2016, it became a matter of the public record that United Nations humanitarian agencies were blocked from delivering aid.363 Myanmar’s security forces were accused of undertaking a “scorched earth” policy. 364 In March 2017, the UN Human Rights Council adopted resolution 34/22, noting the seriousness of the allegations contained in a “flash report” released by the Office of the United Nations High Commissioner for Human Rights.365 In November 2017, the Security Council issued a presidential statement calling on Myanmar to end excessive military force and intercommunal violence in Rakhine State.366 The widespread public condemnation of the conduct of Myanmar’s security forces, the response in international fora and the extent of international media coverage of highly traumatized civilians cannot have escaped the attention of States. They must have had knowledge and notice that the Tatmadaw was engaging in serious violations of international human rights law and, where applicable, international humanitarian law. 152. Since August 2017, the Tatmadaw’s “clearance operations” and allegations of serious human rights violations were contemporaneously reported, almost in real-time, by the international press and known throughout the world.367 The Mission’s September 2018 report also received widespread international and domestic attention. The Mission reported to the General Assembly in October 2018. It was also invited to brief the UN Security Council in October 2018, where some of those States, including the Russian Federation and China, made statements indicating their awareness of the situation in northern Rakhine State.368 153. Additionally, public reports documenting the human rights crisis in Myanmar contain credible information about the types of weapons and related equipment that the Tatmadaw and other security forces had used in their commission of violations of international law. Myanmar security forces used helicopters, rifles, grenades, and RPGs against the Rohingya during the attacks that began in October 2016.369 As reported in the Mission’s 2018 report, witnesses in Dar Gyi Zar saw the arrival of two or three helicopters on 12 November 2016 361 362 363 364 365 366 367 368 369 54 See Figure 3: Arms and Military Equipment Suppliers to the Tatmadaw. Digital records 1990, 1991, 1997. “UN: Food aid for 80,000 Rohingya blocked by Myanmar,” Al Jazeera, 19 October 2016 (https://www.aljazeera.com/news/2016/10/food-aid-80000-rohingya-blocked-myanmar161019135600701.html). Amnesty International, “Myanmar: Security Forces Target Rohingya During Vicious Rakhine Scorched-Earth Campaign,” 19 December 2016 (https://www.amnesty.org/en/pressreleases/2016/12/myanmar-security-forces-target-rohingya-viscious-scorched-earth-campaign/) A/HRC/RES/34/22, paragraph 9. SC/13055, “Security Council Presidential Statement Calls on Myanmar to End Excessive Military Force, Intercommunal Violence in Rakhine State,” 6 November 2017 (https://www.un.org/press/en/2017/sc13055.doc.htm). A/HRC/RES/34/22, paragraph 1538. E.g., On 24 October 2018, Meeting Coverage, Head of Human Rights Fact-Finding Mission on Myanmar Urges Security Council to Ensure Accountability for Serious Violations against Rohingya: Myanmar’s Representative Calls Mission Flawed, Biased, Defends Counter-Terrorist Actions by Security Forces in Rakhine State, SC/13552, 24 October 2018 (https://www.un.org/press/en/2018/sc13552.doc.htm). BBC News, “Myanmar army fires on Rohingya villages in Rakhine region,” 13 November 2016 (https://www.bbc.com/news/world-asia-37968090); OHCHR, Report of OHCHR mission to Bangladesh – Interviews with Rohingyas fleeing from Myanmar since 9 October 2016 – Flash Report (3 February 2017).

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