• Myanmar Mission To UN

Legal Perspective Information Sheet as of 27 September 2021, Permanent Mission of Myanmar, New York



Preface


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


Massacre of innocent unarmed civilians


According to the news reported by Myanmar Now, the military forces shot and killed a 16-year old boy in Tanintharyi Region for going out at night, whereas no; official curfews was announced for the area. And starting from the early weeks of September, soldiers of the terrorist military have been setting up security checkpoints and increased their operations on watching residents and guests, particularly the youths, in the villages. The soldiers had arrested more than a dozen residents living in the area during the night without any solid reasons.


In Bago, Sithu Kaung Myat, 24-year old activist, was also shot and then arrested by the police on September 23. On the next day, Myanmar Now confirmed his passing due to severe injuries on the head, stomach, and hands. The boy’s mother, who is now in her 50s, has been detained by the police and will hardly be released since her son was the only family member and has no other relatives who could help her out from jail. At the same time, there is also no whereabouts for the funeral of the late Sithu Kaung Myat.


The terrorist troops took four youths from an apartment in Myaynigone in Sanchaung Township, Yangon Region, and tortured and killed them on the road on September 25 at 1:30 am. Two of the four youths killed were volunteers, a doctor called Zin Linn involved in the Civil Disobedience Movement (CDM), and a nurse called Khin Khin Kywel from 500 Beds Hospital in Yangon. Combat requires militaries to observe certain rules of war. Myanmar's military, however, failed to hold themselves to these engagement norms in this incident.


However, the victims were systematically killed and tortured before their deaths. The Myanmar military’s widespread and systematic attack directed against any civilian population means the breach of International Law and constitutes ‘Crime against Humanity under article (7) of the Rome Statute.


War Crimes


As the soldiers of the military had a serious fight with the Chinland Defence Force (CDF) allied by the Chin National Army (CNA), various houses were burnt as the Myanmar military terrorist soldiers set on fire. A pastor who helped to put out the fire was shot to death at the scene and found treated inhumanely. Soldiers of this murderous military even cut off his finger to steal the wedding ring and robbed all other valuable accessories from the dead.


Furthermore, in Hakha, the capital of Chin State, the military violently shelled bombs to the residential area. It caused immense destruction to almost 20 houses and a government building and severe injuries to the locals.


During the clashes on September 20, groups of KNDF, Karenni Army, and the local People’s Defence Force (PDF) had to withdraw their forces. The fight lasted more than 4 hours, and the military deployed around 300 troops, excessively used artillery fire. According to a KNDF fighter, he described that the use of heavy artillery by the military was as if it were raining and that the military also shot some 40 to 50 shells in 15 minutes. This fight has caused the death of a KNDF member and put four other members who got injured in critical conditions.


The leader of a local PDF in the Sagaing Region was run after by a vehicle and shot during the terrorist soldiers’ raid of two villages in the region. According to the witnesses, around 200 troops and plainclothes personnel of the military were well prepared for the attack and even opened machine guns and heavy weaponry inside the villages. As the shootings lasted for more than 7 hours, a PDF leader from Monyway said with confidence that the deceased Myint Kyaw Moe put himself in harm to keep the rest of his members safe and made way for their escape. However, the soldiers of the military beat and interrogated about ten people from Kyaymon and Tawpu villages and took them on an army truck. Not only homes of some residents were ransacked and burned down, and three villagers, including a medical officer participating in the Civil Disobedience Movement (CDM), from Khin-u Township were shot to death.


Since the violence exercised by the terrorist military in the Thantlang, Chin State, was serious, threatening, and harmful, it produced a severe side effect in the form of residents fleeing their homes and seeking safety in other areas. Now that numerous houses in the town were damaged under the vicious activities of the military, nearly the entire population in Thantlang had fled to Mizoram, India. Because of the Myanmar military, they are now living under the condition of displaced persons in another country to ensure their lives could be secured. Moreover, several thousands of people had to flee their homes again as the fighting reignited in the Shan State. Besides, they are also facing an urgent need of aids and medical supplies in the midst of a pandemic.


Nonetheless, Additional Protocol II of the Geneva Conventions provides that “the civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations.” From the abovementioned incidents, we can see that the Myanmar military has failed to discriminate between civilians and military targets, used disproportionate excessive force, and killed prisoners of war without abiding by the rules and regulations of the Geneva Conventions systematically.


Taking Hostages


As usual, the military has never stopped its unlawful act of taking people as hostages. Recently, a 14-year old teenager has been taken as a hostage for more than two weeks in the place of his father, a former local National League for Democracy (NLD) leader. In this case, instead of showing regrets, the forces of the terrorist military even declared that the teenage boy would be released only if his father showed up himself. As reported, the boy's mother had repeatedly visited the soldiers and requested her son's release but was rejected every time. So, even though Myanmar is a state party to the International Convention against the Taking of Hostages, these evidence proved that the military has continuously infringed the provisions contained in the said Convention.


Violations of Fundamental Human Rights


Unlike the civilian government, the military has neither respected nor granted people fundamental rights which are universally enjoyed. In particular, a cut-off in the internet connections took place on the first day of the illegal coup. It frequently happened on and off throughout Myanmar’s lengthy revolutionary period. Until today, the terrorist military junta has continued this practice and cut off mobile internet access and most Wi-Fi services, specifically affecting Gangaw, Htilin, and Myaing in Magway Region, and Falam, Kanpetlet, Matupi, Mindat, Paletwa, Tedim, Thantlang, and Tonzang in Chin State, and three other townships in conflict-hit Sagaing Region.


It is clear from their actions that they have never paid attention to the voices of their people and the international community, irrespective of the repeated calls to stop violating fundamental human rights. On the other facet, it is also not unusual to see them applying this sort of the same manner in cases when they desire to cut off the flow of important information within the communities. This is mainly to cover up the serious crimes they had committed, like in Chin State, or prevent them from any possible. They wouldn't have been posted on social media in time if they had committed any crimes, particularly war crimes or other forms of brutal violence against civilians. Moreover, it won't spark a backlash on social media or anger or criticism. Evidence can be kept secret to conceal the truth.


The Myanmar military is violating fundamental and peremptory norms of international law on a daily basis. In carrying out these atrocities, the military’s conduct confirms that it does not and has no intention of abiding by the rules obligated under international law. Though the international community including the United Nations have called for the Myanmar military to end violence and immediately release political prisoners, the terrorist military fails to listen to and respect accordingly.


Ref : Assistance Association for Political Prisoners (AAPP)

: Myanmar Now