group.”135 “The gross human rights violations … suffered by the
Rohingya at the hands of the Tatmadaw and other security forces
(often in concert with civilians) include conduct that falls with four
of [the] five categories of prohibited acts,” including killings,
serious bodily and mental harm, conditions of life calculated to
physically destroy the Rohingya, and measures intended to prevent
births.136 “The Mission … concludes, on reasonable grounds, that
the factors allowing the inference of genocidal intent are
present.”137
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114.
“The Mission finds that crimes against humanity have been
committed in … Rakhine [State], principally by the Tatmadaw….
[T]hese include crimes against humanity of murder;
imprisonment[;] enforced disappearance; torture; rape, sexual
slavery and other forms of sexual violence; persecution; and
enslavement.”138
In its 2019 report, the U.N. Mission reaffirmed its earlier conclusions: “the
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Mission concludes on reasonable grounds that, since the publication of the Mission’s 2018
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report, the Government has committed the crimes against humanity of ‘other inhumane acts’ and
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‘persecution’ in the context of a continued widespread and systematic attack against the
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Rohingya civilian population in furtherance of a State policy to commit such an attack.” 139
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Furthermore, the Mission concluded that “the evidence supports an inference of genocidal intent
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and, on that basis, that the State of Myanmar breached its obligation not to commit genocide
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under the Genocide Convention under the rules of State responsibility.” 140
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C.
Facebook’s Role in the 2017 “Clearance Operations”
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115.
The U.N. Mission specifically found that Facebook had contributed to the 2017
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Clearance Operations:
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The Mission has examined documents, … Facebook posts and
audio-visual materials that have contributed to shaping public
opinion on the Rohingya…. The analysis demonstrates that a
carefully crafted hate campaign has developed a negative
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135
136
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137
Id. ¶ 1391.
Id. ¶ 1392.
Id. ¶ 1441.
138
Id. ¶ 1511.
UNHRC 2019 Report, ¶ 214,
https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFMMyanmar/20190916/A_HRC_42_CRP.5.pdf.
140
Id. ¶ 220.
139
CLASS ACTION COMPLAINT
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Case No. __________________