A/HRC/63/19
40.
The Mechanism’s investigations into all aspects of the 2016 and 2017 clearance
operations executed by the Myanmar military are ongoing. The Mechanism has continued to
identify villages that were subjected to attacks that had previously not been identified and
investigated thoroughly. Furthermore, the Mechanism has advanced its analysis of the
structure and role of the armed insurgency groups in opposition to the Myanmar military at
the time of the clearance operations, notably the Arakan Rohingya Salvation Army. The
Mechanism has also continued to identify and engage with “insiders” – former members of
the Myanmar military – who have critical information about the execution of the clearance
operations as well as about military structures, reporting and the chain of command. Finally,
the Mechanism has developed several lines of inquiry concerning individuals and groups that
may have contributed to the planning, preparation, encouragement, instigation or incitement
of crimes committed during this period. These ongoing investigations extend beyond military
actors and include politicians, religious figures, corporate actors and private individuals who
may bear criminal responsibility. To advance these investigations, the Mechanism deployed
investigative teams throughout the reporting period to engage with witnesses and victims in
Cox’s Bazar, Bangladesh.
41.
Moreover, in September 2025, the Mechanism published an analytical report entitled
“The destruction and dispossession of Rohingya land and property during the 2017 clearance
operations – public summary”. The report analysed first-hand accounts of witnesses,
geospatial imagery, video footage and extensive official records and documentation
demonstrating the existence of a coordinated and organized effort to erase the existence of
the Rohingya population in northern Rakhine by destroying, seizing and building military
security structures directly over seven Rohingya villages. It details the destruction and seizure
of Rohingya homes, farms, mosques and other property in seven village tracts and identifies
units of the Myanmar security forces, corporations, and others involved in repurposing
Rohingya land to erase all traces of the group, including by constructing Border Guard Police
bases.
D.
Sharing evidence and facilitating justice opportunities
42.
The Mechanism shares information, evidence and analysis with competent
investigative, prosecutorial and judicial authorities to facilitate criminal proceedings in
national, regional 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 other purposes, such as investigations relating to
violations of sanctions, where such cooperation contributes to the interests of justice or could
help to deter further crimes in Myanmar.
43.
Since its establishment, the Mechanism has produced 146 packages comprising
evidentiary and analytical items that have been shared with competent investigative,
prosecutorial and judicial authorities. During the reporting period, the Mechanism shared
27 evidentiary and analytical packages, comprising 6,626 items.
International Court of Justice
44.
During the reporting period, the Mechanism contributed significantly to the
proceedings before the International Court of Justice in the case of The Gambia v. Myanmar.
The case concerns allegations that Myanmar failed to fulfil its obligations as a signatory to
the Convention on the Prevention and Punishment of the Crime of Genocide. The Gambia
instituted proceedings before the International Court of Justice against Myanmar in
November 2019, alleging that Myanmar had violated the Convention in relation to the
Rohingya population in Rakhine State during the military clearance operations in 2016 and
2017. The case focuses on killings, sexual violence, the burning of villages, forced
displacement and other alleged atrocities committed mainly by the Myanmar military. In
January 2026, the court held public hearings on the merits of the case, which included the
examination of victim and expert testimony.
10
GE.26-09554