A/HRC/42/CRP.3 senior managing director of KBZ Group, demonstrated his awareness of the purpose of the fence when he told a journalist that his donation towards the fence was meant to contribute to preventing illegal migration.334 As previously explained, the Mission has determined that reference to illegal migration is indicative of the pervasive climate of hatred and contempt toward the Rohingya and a false narrative propagated to breed hatred against the Rohingya.335 136. For these reasons, the Mission concludes on reasonable grounds that officials from KBZ Group and Max Myanmar aided, abetted, or otherwise assisted in the crimes against humanity of persecution and other inhumane acts. It is now the responsibility of the Myanmar Government or, failing action by the Myanmar Government, other justice systems with jurisdiction to investigate and, if there is sufficient evidence, prosecute those officials for crimes under international law. The Mission also has reasonable grounds to conclude that a criminal investigation should be undertaken to determine if those and other company officials are responsible for crimes under international law for their involvement in the implementation of UEHRD and Tatmadaw measures other than the re-inforcement of the barrier fence that also caused great suffering by preventing the Rohingya from returning to their homes and communities. This includes, among others, Asia World Group and Eden Group. (b) Liability of company officials for donations to Tatmadaw fundraising ceremonies 137. The Mission has reasonable grounds to conclude that a criminal investigation should be undertaken to determine if company officials additional to those from KBZ Group and Max Myanmar are responsible for crimes under international law arising from their financial contributions at the Tatmadaw’s three funding ceremonies. As stated by Senior General Min Aung Hlaing, the funds raised during these ceremonies were needed for the express purpose of continuing the “area clearance operations” and finishing the “Bengali problem”. 336 In addition to the construction of the barrier fence, the donations were intended to support “security troops and departmental personnel discharging [sic] State defence and security duties at risk of sacrifice in Rakhine State”.337 This description makes it clear that the Tatmadaw would direct the donations for Tatmadaw activities in support of their “clearance operations” in northern Rakhie State. 138. The context in which the fundraising ceremonies were taking place is crucial to understanding the purpose of the projects funded and the knowledge or awareness of the donors. Following the violence that began on 25 August 2017 and the expulsion of over 700,000 people338, the Tatmadaw continued to engage in serious violations of international law in northern Rakhine State by destroying Rohingya villages, bulldozing partially destroyed homes, and clearing previously occupied land. Based on a review of satellite imagery, the Mission assessed that 20 per cent of the total destruction in northern Rakhine occurred after 16 September 2017, affecting more than 7,000 structures, and other destruction continued at least until March 2018.339 334 335 336 337 338 339 spirits/); https://www.seniorgeneralminaunghlaing.com.mm/en/1410/sep-22-cash-donations-will-beused-in-the-areas-where-help-is-really-in-need-according-to-the-wish-of-the-donors/. Ben Dunant, “Tycoons on the Frontline of Rakhine Reconstruction,” Voice of America, 23 January 2018 (https://www.voanews.com/a/business-leaders-support-myanmar-reconstruction/4219898.html). A/HRC/39/CRP.2 paragraphs 1501, 1315. Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Entire government institutions and people must defend the country with strong patriotism,” 2 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/). Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Entire government institutions and people must defend the country with strong patriotism,” 2 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/). A/HRC/39/CRP.2, paragraph 1331. For further details, see: A/HRC/39/CRP.2, paragraph 1180-1244. See, also, OTP Request for authorisation for an investigation pursuant to article 15, ICC-01/19-07 04-07-2019 2/146 RH PT, paras. 152-170. 49