Case 1:20-mc-00036-JEB-ZMF Document 22 Filed 09/22/21 Page 3 of 32
practices implemented over decades.” Report of the Detailed Findings of the Independent
International Fact-Finding Mission on Myanmar, A/HRC/39/CRP.2 at ¶ 458, United Nations
Human Rights Council (Sept. 17, 2018) (“U.N. Report”). “The Myanmar military and other
security forces committed human rights violations on a colossal scale, in violation of all basic
tenets of international law. The operations had a devastating impact on the Rohingya civilian
population, which was targeted, brutalised and terrorised.” Id. at ¶ 883. Indeed, the “level of
oppression faced by the Rohingya is hard to fathom.” Id. at ¶ 622. “[T]his oppressive climate,
and the fear and desperation resulting from it,” are the context for the “episodes of violence in
2012, 2016 and 2017.” Id. at ¶ 622.
In 2012, violence erupted in the Rakhine State, where the Rohingya Muslims lived. Id. at
¶ 624. “The violence saw the burning and looting of houses, murders, summary executions and
large-scale displacement affecting both ethnic Rakhine and Muslims.” Id. at ¶ 643. The U.N.
Mission “conclude[d] that the 2012 and 2013 violence in Rakhine State was pre-planned and
instigated and that the Myanmar security forces were actively involved and complicit.” Id. at
¶ 747.
Beginning in October 2016, the Myanmar military carried out so-called “clearance
operations” constituting systematic mass executions, disappearances, detention, and torture of
Rohingya civilians, and the destruction of homes, mosques, and Qurans. See id. at ¶¶ 1069–95.
“In addition to . . . mass targeted killings, members of the security forces shot individual persons,
including at point blank range, and executed people, including those injured, by slitting their
throats using long knives.” Id. at ¶ 893. “Infants and children were frequently killed by gunfire,
stabbed or burned to death.” Id. at ¶ 942. “Another feature of the ‘clearance operations’ was the
widespread destruction of Rohingya homes and villages, causing further death and injury through
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