• Myanmar Mission To UN

Legal Perspective Information Sheet as of 1 April 2022, Permanent Mission of Myanmar, New York


Preface

The purpose of publishing this information sheet is to increase awareness about the Crimes Against Humanity and War Crimes committed by the military junta terrorists on a daily basis and to keep a record of their brutal acts for future reference and proceedings. Due to space limitations, only a selection of committed crimes are stated in this information sheet.


More than a year following the attempted illegal coup, the inhumane Myanmar military, under the name of the so-called State Administration Council, has been continuously conducting enormous numbers of crimes against civilians, seriously violating domestic and international laws. Throughout this period, it has been continuously intensifying efforts in various forms to suppress the anti-military movements.


(1) Violations of International Law in Times of Armed Conflict


In order to determine an armed conflict, it must reach a minimum level of intensity, and the parties involved must have a sufficient organizational structure, leading to obligations of International Humanitarian Law. The report by the UN High Commissioner of Human Rights to the Human Rights Council assessed that the current conflicts meet the intensity threshold and that in many parts of the country, where there have been pre-existing conflicts between the Myanmar military terrorists and ethnic revolutionary organizations or where the People’s Defense Forces (PDF) are operating under the chain of command of those ethnic revolutionary organizations, there is sufficient organizational structure among the relevant parties to determine that in those geographic locations a non-international conflict is taking place and the parties face obligations under International Humanitarian Law. International Human Rights Law is also applicable.

(a) Indiscriminate attacks against civilians and killings


Due to the artillery shells fired by the military terrorists on March 28, 45-years-old Win Htay, a villager from Lat Pu Kan Village, Pale Township, Sagaing Region, died from severe injury. Another similar incident occurred in Naung Tote Village Tract, Yesagyo Township, Magway Region, where Mann Kyaw and his 6-year-old son, Phoe Thingyan, died on the spot when an indiscriminative artillery shell, fired by IB 257 and 258 Battalions of the terrorist military, hit their house. Both Ma Nyo, the wife who is five-months pregnancy, and their 3-year-old son, Kyaw Kyaw Bo, were seriously injured.


On March 22, 8-year-old Nyan Phyo was killed, and five other people were injured as the military terrorist soldiers fired artillery shells directed against IDPs in Htan Bel Hla Village, Ye-U Township, Sagaing Region.


(b) Disproportionate Use of force and indiscriminative attack against Civilians


Since the coup, the Myanmar military has been using disproportionate force against ethnic revolutionary organizations and freedom fighters as well as indiscriminately attacking civilians. The excessive use of force and indiscriminate nature of weapons used by the Myanmar military clearly indicate that the Myanmar military has been violating the basic principles of international humanitarian law.


2) Murders


On March 24, the Myanmar military shot 19-year-old Zin Ko for not stopping his motorcycle at the checkpoint on Myo Shaung Road, in Hinthada Township, Ayeyarwady Region. He died from the injury.


On March 16, military soldiers shot 20-years-old Thein Linn, to death in a creek near the five-mile toll gate on the Monywa-Yargyi Road. On March 15, 2022, military soilders shot 20-year-old Nu Nu Win and Aung Phyo Kyaw on 12th Street, west of the Royal Palace’s moat, Aungmyaythazan Township, Mandalay Region. Ma Nu Nu Win died immediately from the injury to her neck and Maung Aung Phyo Kyaw remained in serious condition.


On March 19, three civilians, seven-years-old Aie Mon Chan and 50-years-old Dae Thoke from Kyauk Taung Village, and 54-years-old Ngwe Kyi, from Pein Nae Taw Village, were shot to death at a pagoda festival held in Kyauk Taung Village, in Mon State’s Thaton Township.


On March 30, Myanmar military terrorists 6-years-old Kyae Sin Min and 9-years-old Nyi Nyi Zaw Htet near the Golden village, Belin Township, Mon State. The leaked video that was viral on the internet proved that some of the terrorist military soldiers intentionally shot at the children while they were hiding behind the bush during an armed clash between the armed forces. In this video, the terrorist military soldiers were heard shouting and giving commands to burn down the village.


Since the coup, about 100 children have been killed by the Myanmar military, and the protection of children has been deteriorating because of the Myanmar military’s arbitrary actions. Even though Myanmar is a state party to the Convention on the Rights of the Child, the military has never met the conditions laid down by the convention. Sadly, non-governmental organizations located inside the country to work particularly for children face challenges due to the fearsome situations under the military.


3) Unfair Trials


On March 28, Saung Hnin Phyu, a 19-years-old woman, was sentenced to 10-years imprisonment under Section 50(j) and 52(a) of the Counter-Terrorism Law for donating to the resistance forces via mobile banking (KBZ Pay).


Hlan Phyo Aung, a second-year Civil Engineering student from Technological University (Magway), was sentenced to three years in prison by the court in Magway Prison, under Section 505 (a) of the Penal Code. He is in fact a victim who has lost an eye and his right hand resulting from a shot by a lethal weapon during his peaceful protest against the military dictatorship.


Tun Aung Kyaw, a 15-year-old secondary school student, and chairman of the Basic Education Students’ Union of Za Bu Thi Ri Township in Nay Pyi Taw is another victim of an unfair trial. He was sentenced to seven-years imprisonment on March 21.


4) Torture to death


On March 18, Maung San Ko Naing, from Sin Chaung Village, Myingyan Township, Mandalay Region, was arrested after being beaten at his home by the junta’s soldiers. The military claimed that he was trying to flee and shot him in the leg. He was tortured and then killed. Maung Aung Khant Hein, another volunteer for village development, was also shot and arrested. He did not receive any medical treatment and died during interrogation, on the night of March 20. On March 17, Maung Saw Myo Satt, aged 19, living in Ward 2, Labutta Township in Ayeyarwady Region, was also killed during interrogation and presented injuries consistent with torture. He had been arrested by the paramilitary armed wing of the junta on March 15 for allegedly supporting the People’s Defence Force (PDF).


Torture can be regarded as a most serious crime in international law because of its profound violation of the physical and moral dignity of the person. Even though Myanmar people have been extensively tortured, including to death, by the military, the international community continuously fails to act in a timely manner to stop these violations of international law.


From these incidents, we can clearly observe that the Myanmar terrorist military is never hesitant to kill, torture and imprison civilians. The junta’s actions, including murdering civilians, imprisoning political leaders, activists and civilians, torturing political opponents to death, sexual violence against detained women, enforced disappearances of individuals by paramilitary wings and other inhumane acts are among the atrocities committed by the terrorist military that can be regarded as Crimes against Humanity.

Reference : Assistance Association for Political Prisoners (AAPP)

: BBC

: Myanmar Now