• Myanmar Mission To UN

Legal Perspective Information Sheet as of 2 July 2021, Permanent Mission of Myanmar, New York


Preface


The purpose of publishing this information sheet is to increase the awareness of people as to the Crimes Against Humanity committed by the military junta terrorists on a daily basis and to keep record of their brutal acts for future reference and proceedings. Committed crimes are selectively stated in this information sheet due to space limitations.


Abduction of Children


In Mogok township of Shan State, the terrorist military came looking for the leader of the resistance campaign. However, they could not find him. Instead, they abducted a 4-year-old child and her mother, who both had nothing to do with the resistance. After the arrest, the military put the 4-year-old child in jail for two weeks. According to her testimony, she had to drink water from the bathroom when she was thirsty. Not only did they detain her, and she was also denied access to humanitarian care.


Such an outrageous action constitutes a grave breach of the Geneva Conventions. Moreover, taking a child when the father is not around is considered taking a hostage. Hostage-taking is forbidden by the International Convention Against Taking of Hostages, including under Article 3 and other provisions of the Geneva Conventions.


Violation on Freedom of Speech and Fundamental Human Rights


American journalist Mr. Nathan Maung was recently released from prison in Myanmar and subsequently deported back to the United States. In an interview with CNN, he said, "He was beaten, denied water for two days, food for three days. During the interrogation, Maung was both handcuffed and blindfolded for entire two weeks. Every time he answered, agents of terrorist junta would beat him whether the answer was correct or not. The beating lasted for three days, non-stop." Nathan Maung and his co-editor Hanthar Nyein were tortured because they were journalists who publish the truth about what is happening in Myanmar. For this, they were seen as enemies by the military terrorists.


In fact, Nathan Maung and Hanthar Nyein's torture cases are not isolated incidents. There are many stories of thousands of people whom we have not heard from yet. Human Rights Watch reported that thousands of people arbitrarily detained by the military had been subjected to torture, routine beatings, and other ill-treatment.


Many international laws prohibit torture. The Geneva Convention of 1949 and the Additional Protocols of 8 June 1977 prohibit torture. Article 5 of the Universal Declaration of Human Rights also prohibits torture. Furthermore, the Rome Statute of the International Criminal Court defines torture as a war crime under Article 8.


The Myanmar military is violating fundamental and peremptory norms of international law daily. In carrying out such medieval savagery and cruel atrocities, the military's conduct confirms that it does not and has no intention of abiding by its international law obligations. Though United Nations and International organizations call for the Myanmar military to end the violence and immediate release of the political prisoners, the military have refused. They have also peremptorily rejected the attempts of ASEAN to seek resolution. In this case, only a proper collaborative and immediate international intervention can stop a deteriorating humanitarian disaster and save the lives of innocent civilians in Myanmar.


Systemic and targeted attacks on the civilians


Shwe Oya village of Wetlet Township in Sagaing Region is a hometown village of Dr. Tayza San. He was the leader of public protests in Mandalay. In the hope of either searching for him or willfully harassing his hometown to pressure him to turn himself in, the terrorist military junta sent three military trucks to the village. They fired ammunition from 6:00 pm to 11:00 pm. The villagers, including elderly people, children, and women, had to run away. During the shooting aimed at an entirely unarmed civilian population, one resident was shot and killed. While villagers were away, they looted precious properties of villagers such as valuable jewelry, motorbikes, and other valuable things.


First, making a widespread targeted attack against the village, where the primarily unarmed civilian population resides, is tantamount to a crime against humanity. Moreover, customary international laws such as Additional Protocol II, and Rome Statute, Article 8(2) (b) (xvi) prohibit pillaging a town or place even when taken by assault. They are committing heinous war crimes in this regard.


This village is not the only incident where the soldiers of the terrorist military had primarily targeted civilian populations. This is after Depayin and Kingma. The widespread and systematic murdering of the civilian population in Myanmar by the military shows no sign of stopping. The targeted attacks against peaceful villages across Myanmar have progressively intensified. The terrorist military’s actions are a gross and systematic violation of human rights that offend the dignity of common humanity. The Myanmar military is unwilling and failing to protect its civilian population. The international community must take a humanitarian intervention such as R2P to save the innocent civilian population of Myanmar.


Ref: : Assistance Association for Political Prisoners (AAPP)

: CNN

: Mizzima