A/HRC/60/18
and 2017. These witnesses include military defectors who have provided crucial information
regarding the structure and operations of the Myanmar military, including chains of
command, deployments, coordination between various branches of the security forces,
training, weaponry and direct orders.
27.
The Mechanism’s investigations into the clearance operations include a strong focus
on Rohingya villages where properties were destroyed, community members were forcibly
displaced and land was subsequently appropriated and replaced with security bases and State
infrastructure, creating even more challenges for Rohingya communities to repatriate and
rebuild their lives. A crucial aspect of this investigation involves engaging with members of
the Rohingya community who have lost their lands and livelihoods and collecting
documentary evidence, geospatial imagery and other open source evidence regarding the
construction of security bases or other State infrastructure. These materials will form the
basis of an analytical product to be shared with investigative, prosecutorial and judicial
authorities and could also inform efforts related to reparations for the Rohingya community
and restitution.
28.
The Mechanism’s financial investigations led to the development of an analytical
report focusing on a private commercial entity that provided material support to the security
forces of Myanmar at the peak of the 2017 clearance operations. This report draws together
witness testimony accounts, audiovisual evidence, and open source and social media posts,
as well as evidence of corporate ownership and interests. It particularly highlights the role of
corporate actors who facilitated, contributed to or benefited from the clearance operations
against the Rohingya population.
D.
Sharing evidence and facilitating justice opportunities
29.
The primary aim of the Mechanism’s investigations is to enable national and
international authorities to end the impunity of perpetrators and deliver justice for victims of
serious international crimes committed in Myanmar. For this purpose, the Mechanism shares
evidence and analysis with competent investigative, prosecutorial and judicial authorities to
support criminal proceedings in national or international courts or tribunals with jurisdiction
over the crimes within the Mechanism’s mandate. Pursuant to its terms of reference, on a
case-by-case basis, the Mechanism may also share information for uses other than criminal
proceedings to contribute to the interests of justice and deter further crimes.
30.
In accordance with the principles of confidentiality and informed consent, the
Mechanism only shares information with authorities when the individuals or entities who
provided the information have agreed that their information can be shared with that particular
entity. Before sharing, the Mechanism also conducts an assessment to ensure that sharing the
information will not compromise the safety or the privacy rights of any persons identified in
the material. This requires regular and ongoing engagement with the Mechanism’s witnesses
and sources. The Mechanism also coordinates closely with the relevant jurisdictions such as
the International Criminal Court to facilitate the direct provision of testimony by witnesses
and to “deconflict” witnesses to ensure that sensitive and vulnerable individuals are not
approached or asked to be interviewed again by multiple justice institutions.
31.
During the reporting period, the Mechanism supported four jurisdictions: ongoing
proceedings related to crimes committed against the Rohingya in three jurisdictions and an
ongoing proceeding in the United Kingdom covering crimes against both the Rohingya and
other groups in Myanmar and crimes committed after the coup. In relation to proceedings
related to crimes against the Rohingya, the Mechanism continued to share an
unprecedentedly high volume of evidence and analysis. Two active investigations are
focused on the individual criminal responsibility of perpetrators. These investigations are
being conducted by the Office of the Prosecutor of the International Criminal Court and by
Federal Prosecutor’s Office No. 9 in Argentina. The continued efforts of the Mechanism were
reflected in arrest warrant applications by the Prosecutor of the International Criminal Court
in November 2024 and the Federal Prosecutor of Argentina in February 2025. The third
proceeding for which the Mechanism is sharing information is the Gambia v. Myanmar case
before the International Court of Justice. This case concerns alleged violations by Myanmar
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