A/HRC/63/19
Other national jurisdictions
51.
In addition to these three jurisdictions, the Mechanism has engaged with multiple
authorities in the United Kingdom to share information relating to crimes within its mandate,
including crimes committed against the Rohingya and other groups in Myanmar, as well as
crimes committed in the aftermath of the 2021 military coup. These authorities include the
Metropolitan Police War Crimes Team – a specialized unit within the Counter Terrorism
Command of the Metropolitan Police Service – which has opened a structural investigation
mirroring the situations under consideration by the Office of the Prosecutor of the
International Criminal Court.
52.
The Mechanism’s engagements with additional national jurisdictions remain
confidential at the request of the relevant national authorities and due to the sensitivity and
preliminary nature of the ongoing investigations. In particular, these investigations are
focused on individuals who may have benefitted from and/or provided material assistance to
perpetrators of serious international crimes in Myanmar in both the clearance operations of
2016 and 2017 in Rakhine State and the post-coup context. The Mechanism is responding to
incoming requests for assistance from national authorities and is also proactively engaging
with relevant jurisdictions to encourage investigations and proceedings.
53.
Furthermore, the Mechanism is closely monitoring several criminal complaints filed
by victims’ groups and civil society organizations regarding post-coup crimes and crimes
against the Rohingya during the clearance operations, which have been filed in national
courts on the basis of universal or extraterritorial jurisdiction. Complaints have been filed
and are currently pending consideration by authorities in Australia, Indonesia, the
Philippines, Timor-Leste and Türkiye.
III. Progress on cooperation, dialogue and outreach
A.
Cooperation with Member States and other partners
54.
The Mechanism requires the cooperation of numerous entities, including Member
States, international organizations, civil society groups, business entities and victims and
witnesses, in order to collect information and evidence on the most serious international
crimes committed in Myanmar. In an effort to strengthen cooperation with relevant
stakeholders, the Mechanism continued to engage in high-level dialogues and consultations
with Member States and other partners in various capitals. These engagements provided
important opportunities to raise awareness of the Mechanism’s work, to advance cooperation
arrangements that facilitate evidence collection and witness interviews within the territories
of Member States, and to promote opportunities for supporting accountability processes in
national jurisdictions.
55.
In accordance with relevant resolutions of the Human Rights Council and the General
Assembly calling upon Myanmar to cooperate and engage meaningfully with the
Mechanism, the Mechanism regularly requests information from the Myanmar military.
56.
To date, the Mechanism has made over two dozen requests to the authorities of
Myanmar for information in its possession and for access to the territory of Myanmar. During
the reporting period, the Mechanism requested information concerning air strikes conducted
by the Myanmar Air Force, including, but not limited to, certain incidents in Mandalay,
Magway and Sagaing Regions, as well as in Rakhine and Chin States. The Mechanism also
sought information on whether the Myanmar authorities possessed any records, reports or
other documentation relating to investigations conducted by the Myanmar Air Force or other
Myanmar security forces, or concerning disciplinary proceedings initiated in connection with
violations of policy or potential crimes committed by Myanmar security forces in the context
of these air strikes. As in previous reporting periods, the Myanmar authorities have not
responded to any of the Mechanism’s requests for information or access.
57.
During the reporting period, the Mechanism also made requests for information to
armed groups active in different states and regions of the country concerning crimes
including the killing of civilians and sexual and gender-based violence. The Mechanism
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