A/HRC/39/CRP.2 educational curriculum because the teachers did not speak their language. 154 The systemic discrimination on the basis of ethnicity or religion that underlies the human rights violations identified by the Mission warrants further investigation. 113. While the Mission focused its work on the situation in Kachin and Shan States, it also received information on other areas, such as Kayah or Kayin States. For example, the Mission was able to verify that, on 20 December 2017, Tatmadaw soldiers killed three Karenni National Progressive Party (KNPP)/Karenni Army members and one civilian at a KNPP checkpoint in Kayah State.155 The Tatmadaw soldiers held the men at the checkpoint and executed them on the spot. One KNPP member managed to escape and is now in hiding. The Mission has reasonable grounds to conclude that the victims were unlawfully killed because they observed the Tatmadaw transporting illegally logged timber. The human rights situation in Kayah and Kayin States and in other areas, as a consequence of the presence of Tatmadaw troops and the militarisation of areas, warrants specific investigation. 114. The continuation of conflict and prevailing insecurity in Kachin and Shan States provide strong reasons to conclude that the kind of violations and abuses outlined in this chapter are still occurring, warranting further monitoring and investigation. A. Patterns of violations committed by Myanmar military and security forces 1. Conduct of hostilities in flagrant disregard of civilian life and property 115. Since 2011, numerous reports have drawn attention to policies, tactics and conduct of the Tatmadaw and associated security forces that have resulted in serious violations of international law committed in the context of their operations in Kachin and Shan States. These reports invariably point at the devastating impact of military operations on the civilian population. The Mission is able to confirm patterns of attacks directed by the Myanmar military against civilians and civilian or other protected objects, as well as indiscriminate attacks. These have often been carried out in civilian populated residential areas and in the absence of an apparent military objective justifying the use of these tactics, in flagrant disregard of life, property and the well-being of the civilian population. Attacks resulted in the deaths and injuries of civilians. Widespread looting, as well as the destruction and burning of homes and property, have often accompanied military operations. The picture that emerges is one of a military that systematically fails to apply the fundamental international humanitarian law principles of distinction and precaution, and shows sheer contempt for basic human rights. This conduct was observed in most conflict-affected areas, especially in or around territory under the control of ethnic armed organizations, and throughout the period under review. 116. Due to the non-cooperation of the Myanmar authorities, the Mission was unable to conduct site visits or to hear the Tatmadaw’s version of events. While it would have been preferable to collect in situ information about some of the military operations and their broader context, the body of information collected is sufficiently comprehensive, consistent and credible to enable the Mission to make solid findings. (a) Legal framework 117. During armed conflict, international humanitarian law applies alongside international human rights law. The key purpose of international humanitarian law is to protect the victims of armed conflicts and to regulate hostilities, in an effort to limit the humanitarian consequences of armed conflicts.156 It restricts the means and methods of warfare that parties to a conflict may employ and endeavours to ensure the protection and humane treatment of persons who are not, or no longer, taking a direct part in the hostilities. The cornerstone of 154 155 156 32 DI-040, PI-024. K-135, PI-039, PI-048. N. Melzer, International Humanitarian Law – A Comprehensive Introduction (ICRC, Geneva, 2016), p. 17.