A/HRC/63/19
I. Introduction
1.
The present report covers the activities carried out by the Independent Investigative
Mechanism for Myanmar between 1 July 2025 and 30 June 2026.
2.
In September 2018, the Human Rights Council, in its resolution 39/2, created the
Mechanism with the mandate to collect evidence of the most serious international crimes and
violations of international law committed in Myanmar since 2011. In its resolution 73/264,
the General Assembly welcomed the establishment of the Mechanism. The Mechanism’s
terms of reference instruct it to preserve and analyse the evidence collected in order to
facilitate fair and independent criminal proceedings in national or international courts against
those individuals most responsible for war crimes, crimes against humanity, genocide and
other serious violations of international law.
3.
During the reporting period, atrocities continued to be committed against the civilian
population of Myanmar, as the conflicts between the military regime and various armed
groups showed no signs of abating. The evidence collected by the Mechanism indicates that
war crimes and crimes against humanity were committed with increasing frequency and
intensity by multiple parties. In all cases, the Mechanism is working to identify those most
responsible regardless of their political affiliation, religion, beliefs or ethnicity. In the more
than five years since the February 2021 military coup, atrocities have remained widespread
across Myanmar amid escalating armed conflicts, persistent attacks against civilians,
frequent aerial bombardments and worsening humanitarian conditions. This severe violence
and instability persisted during the military-managed elections in December 2025 and
January 2026.
4.
The reporting period was also marked by a significant increase in the Mechanism’s
support to accountability processes and criminal investigations of crimes within the
Mechanism’s mandate. The number of authorities with whom the Mechanism shares
evidence and analysis has expanded, and now includes parties to the proceedings before the
International Court of Justice, the Office of the Prosecutor of the International Criminal
Court, the Federal Prosecutor’s Office in Argentina and authorities in the United Kingdom
of Great Britain and Northern Ireland. In addition, the Mechanism initiated confidential
sharing activities with several other national jurisdictions concerning potential domestic
investigations. The evidence shared by the Mechanism relates to crimes committed
throughout Myanmar against many different ethnic groups and includes evidence related to
crimes committed in the clearance operations in Rakhine State in 2016 and 2017 and crimes
committed since the 2021 military coup related to the ongoing civil war.
5.
The reporting period also saw important developments in the proceedings before the
International Court of Justice in The Gambia v. Myanmar, which concerns alleged breaches
of the Convention on the Prevention and Punishment of the Crime of Genocide. In January
2026, the Court held public hearings, during which both parties referred extensively to
materials provided by the Mechanism, including witness statements, analytical reports,
screening notes and geospatial evidence. The landmark hearings represented a significant
moment in the pursuit of justice and accountability for the people of Myanmar, as victims
were able to participate in the proceedings, to testify before the court and to have their voices
heard. The case is of profound importance not only for the Rohingya and the people of
Myanmar but for the international community as a whole. Its outcome is expected to have
important implications for the implementation and interpretation of the Genocide
Convention, including how genocide can be proven and the scope of the obligations of Parties
to the Convention to prevent and punish the crime.
II. Progress on investigations and on facilitating proceedings
6.
Since becoming operational in 2019, the Mechanism has maintained a structure of two
investigative teams. One team has concentrated on crimes committed against the civilian
population in the many conflicts against various ethnic minorities around the country and on
violence related to the military coup of 2021. A second team has concentrated on crimes
committed against the Rohingya, including crimes related to the 2017 clearance operations
4
GE.26-09554