“Crashing Down on Us”
59
Additionally, through its aerial attacks on civilians and internally displaced families in Kachin
and Karenni states, the Myanmar junta’s acts have caused widespread terror among the civilian
population. Article 13(2) of Additional Protocol II to the Geneva Conventions prohibits “acts or
threats of violence the primary purpose of which is to spread terror among the civilian population.”149
Furthermore, in the case of Serbian military actions in Kosovo in the late 1990s, the U.N. General
Assembly found indiscriminate and widespread shelling and mass forced displacement of civilians to
be evidence of the systematic terrorization of civilian populations.150
The military junta’s decision to attack civilian and civilian objects in Kachin and Karenni states appears
not only deliberate but also designed to inspire terror. Airstrike survivors told Fortify Rights of the fear
and terror they experienced as a result of the attacks. Survivors and witnesses from Kachin and Karenni
states believe the junta is deliberately attacking civilians. Based on available evidence, Fortify Rights
also believes these attacks and their effects were deliberate and in violation of the laws of war.
The 1998 U.N. Guiding Principles on Internal Displacement also articulate minimum standards
required “to provide protection and humanitarian assistance to internally displaced persons.”151
Although not binding, the principles provide authoritative guidance not only on preventing
displacement but also protecting displaced persons. Principle 11 of the Guiding Principles expressly
prohibits “acts of violence intended to spread terror among internally displaced persons.”
Indiscriminate and widespread attacks on civilians, indiscriminate and widespread destruction of
property, and mass forced displacement of civilians violate international humanitarian law, including
Common Article 3 of the Geneva Conventions and Additional Protocol II.152
In October 2023, the U.N. Special Rapporteur on the situation of Human Rights in Myanmar, Tom
Andrews, alleged the junta’s use of airstrikes against civilians constitutes collective punishment. His
report states:
The military appears to be intentionally targeting civilian populations, repeatedly launching air
attacks on villages, IDP camps, schools, hospitals, clinics, churches, and monasteries. In many
cases, airstrikes on villages have followed attacks on military units by opposition armed groups,
suggesting they are being used as a form of collective punishment.153
By the junta’s own admission in an MRTV broadcast in the aftermath of the October 2023 attacks
in Kachin State, the KIA’s attacks on the Gundauyang Security Outpost on the Myitkyina-Bhamo
Road—which precipitated the junta’s attacks and airstrikes on Laiza on October 31, 2023—were in
line with international humanitarian law in that the KIA targeted combatants and military targets,
according to the junta. The junta’s self-described “retaliatory attack,” however, targeted civilians
and civilian objects either deliberately or indiscriminately, which may constitute a violation of the
laws of war.154
The indiscriminate nature of the junta’s attacks, as well as the threat it poses to international peace
and security, is also demonstrated by the deadly shelling of locations inside China.
149 Protocol I, Art. 51(2).
150 U.N. General Assembly, Situation of Human Rights in Kosovo, U.N. Doc. A/RES/53/164, February 25, 1999.
151 UNOCHA, Guiding Principles on Internal Displacement, January 2003, Principle 3(1), 18, https://www.unhcr.org/protection/
idps/43ce1cff2/guiding-principles-internal-displacement.html.
152 U.N. General Assembly, Situation of Human Rights in Kosovo, para. 8.
153 U.N. Special Rapporteur on the Situation of Human Rights in Myanmar Tom Andrews, Report of the Special Rapporteur on
the Situation of Human Rights in Myanmar, U.N. Doc. A/78/527.
154 “မြ�စ််ကြီး�း�နား�း-ဗန်းး�မော်�်� ကားး�လမ်းး�မကြီး�း�အားး� လုံံခြုံ�
� �ံ ရေး�းဆော�ာင််ရွွက်ပေး
် �းနေေသည့််� ကန််တော်�်�ယန်လုံ
် ခြုံ�
ံ� �ံ ရေး�းစခန်းး�အားး� KIA နှှင့် �် ပူးး�ပေါ�ါင်းး�အင််အားး�စုုအဖွဲ့့�� မှှ
အင််အားး�အလုံးး��အရင်းး�ဖြ�င့််� ဝင််ရော�ာက််တိုက်
ု� ခိုု
် က်
� ် [KIA and Allied Forces Launch Massive Attack on Gundauyang Security Outpost
Providing Security on Myitkyina- Bhamo Road],” MRTV.