II. International Legal Framework and Analysis 66 as a commander for failing to act, the commander directly ordered, induced, or solicited the act); (3) aiding, abetting, or otherwise assisting in the commission of the crime; or (4) substantially contributing to the commission of the crime.205 Individuals Who Should be Investigated and Possibly Prosecuted Under the Rome Statute, criminal responsibility falls not only on individuals who directly perpetrate a crime but also on commanders who had effective control over the perpetrator, and individuals who the different modes of liability distinguished under Article 25. Fortify Rights believes that at least 22 commanders of Myanmar junta military units should be investigated for war crimes concerning recent artillery and airstrikes in Kachin and Karenni states. These individuals are named at the end of this section. Following the 2021 coup, the Myanmar military junta established Joint Operation (Special) Commands (JOCs) to coordinate combined offensives across the army, air force, navy, and support units. This structure enables the systematic planning and execution of airstrikes and ground attacks under a centralized chain of command.206 There are two levels of JOCs. The Strategic Joint Operation Command is led by senior military leadership, including the Deputy Commander-in-Chief of Defense Services, Joint Chief of Staff, who oversees the Army, Air Force, and Navy, commanders of the Bureaus of Special Operations (BSOs), and the Chiefs of Staff from the Army, Navy, and Air Force. This national-level command is responsible for authorizing nationwide aerial and joint operations.207 Beneath it, Regional Joint Operation Commands consist of BSO commanders, Regional Military Command (RMC) commanders, deputy regional commanders, and senior staff officers from on-ground combat support units. They are tasked with carrying out orders from the Strategic JOC and coordinating joint operations on the ground, including airstrikes in support of ground assaults.208 This centralized command system demonstrates that military operations, particularly airstrikes targeting civilians or protected objects, are not the result of isolated battlefield decisions but are instead planned and approved at the highest levels of the junta’s command structure.209 The decision-making process for authorizing airstrikes typically begins when a Regional Military Commander or BSO Commander determines that air support is required. A request is submitted to both the Commander-in-Chief’s Office (Army) and the Commander-in-Chief’s Office (Air). The final decision to approve or deny air support rests with the Deputy Commander-in-Chief of Defense Services. Only after approval is granted can aircraft be deployed.210 For airstrikes operations and close air support, the Air Force representative within a Regional JOC may report directly to the Office of the Commander-in-Chief (Air Force). These officials then coordinate with nearby airbases to carry out the strikes. In situations involving active combat or urgent tactical needs, Regional JOCs may independently request immediate air support based on frontline intelligence and aerial surveillance, while still operating under the central chain of command.211 205 Rome Statute, Art. 25. 206 Myanmar Defense & Security Institute, Joint Operation Command Structure of the SAC, June 8, 2025, https://mdsi-myanmar. org/joint-operation-command-structure-of-the-sac/. See also, Fortify Rights and the Orville H. Schell Center for International Human Rights at Yale Law School, “Nowhere is Safe,” Special Command, p. 148. 207 Swe Taw, “How Myanmar Junta Uses Air Force to Fight Its Corner,” The Irrawaddy, May 13, 2025, https://www.irrawaddy. com/opinion/analysis/how-myanmar-junta-uses-air-force-to-fight-its-corner.html. See also, Myanmar Defense & Security Institute, Joint Operation Command Structure of the SAC. 208 Myanmar Defense & Security Institute, Joint Operation Command Structure of the SAC. 209 Ibid. 210 “စစ််တပ််ရဲ့့�လေ�ကြော��ာင်းး�ပစ််ခတ်မှု ် ကိုု ု � ဘယ််သူူတွေ�ေက အမိိန့် �ပေး�းသလဲဲ [Who Orders Military Airstrikes?],” BBC Burmese, October 23, ် 2023, https://www.bbc.com/burmese/articles/cpvlyqnxkw7o; Fortify Rights communication with B.C., undisclosed location, November 23, 2023; Swe Taw, “How Myanmar Junta Uses Air Force to Fight Its Corner,” The Irrawaddy; Myanmar Defense & Security Institute, Joint Operation Command Structure of the SAC. 211 Ibid.