A/HRC/39/CRP.2 strictly necessary to protect life. This includes extrajudicial killings or executions, whereby a person is killed by, at the behest of, or with the acquiescence of State agents in the absence of a judicial process. The State is responsible for violations committed by non-State actors operating in support or as agents of State authorities.201 141. Life is also protected under international humanitarian law. Common article 3 of the Geneva Conventions prohibits “violence to life and person, in particular murder of all kinds” of civilians and persons hors de combat. A person hors de combat is anyone who is in the power of an opposing party; who is defenseless because of unconsciousness or injury; or who clearly expresses an intention to surrender.202 The intentional killing of civilians or persons hors de combat, if the conduct took place in the context of and was associated with the armed conflict, constitutes the war crime of murder. 142. However, not all killings of civilians are unlawful under international humanitarian law. Civilians lose their protection for such time as they take direct part in hostilities (although, in case of doubt as to a person’s status, s/he should be considered civilian).203 A killing is unlawful if it is as a result of violations of the rules on the conduct of hostilities, for example, from a direct attack against civilians, from an indiscriminate attack, or from an attack against military objectives causing excessive loss of civilian life. (b) Findings Unlawful killings in the context of hostilities 143. The Mission amassed a considerable body of consistent information drawing the pattern of the Tatmadaw unlawfully killing civilians, including men, women and children, during their numerous military operations or incursions into villages and towns in Kachin and Shan States.204 These result from the Tatmadaw’s disrespect for the fundamental international humanitarian law principle of distinction between civilians and fighters, the Tatmadaw’s failure to respect the prohibition of indiscriminate attacks, and its systematic failure to take precautions in attacks to protect the civilian population. The manner in which the Tatmadaw conducts military operations in civilian-populated areas necessarily results in civilian casualties. 144. As presented above, the Tatmadaw routinely targets civilians and conducts indiscriminate attacks. In many of the instances verified by the Mission, these have led to unlawful killings. In none of these cases was there any indication that the civilians were directly participating in hostilities, that the attack was directed at a military objective, or that sufficient precaution had been taken to minimize the impact on the civilian population. 145. For example, the Tatmadaw has shot at or shelled mortar directly at civilians, including women and girls,205 while they were fleeing and seeking shelter, resulting in civilians being killed or injured.206 A witness reported that on 11 August 2017 in the village of Kasung, Mogaung Township, in Kachin State, the Tatmadaw shot and killed his friend as he was trying to run away from approximately 200 Tatmadaw soldiers entering the village. 207 Another example is the killing of Ja Seng Ing, a 14-year old girl, by Tatmadaw soldiers on 13 September 2012 in Sut Ngai Yang village, Hpakant Township, Kachin State. She had sought shelter with her classmates after hearing an explosion detonated by the KIA. Tatmadaw soldiers stationed in the village started shooting as a response to the explosion. Soon after, two Tatmadaw soldiers standing close to where she was hiding shot directly at 201 202 203 204 205 206 207 38 See A/HRC/14/24, paras. 46(a) and (b). ICRC/Customary IHL, rule 47. E.g. ICRC, Commentary on the Additional Protocols, para. 4789, and ICRC/N. Melzer, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (ICRC, Geneva, 2009), pp. 75-76. DI-057, K-131, PI-043, PI-044, PI-047, PI-073, PI-087, QI-094. K-131, PI-044, PI-047, PI-073. DI-057, DI-069 (2009), PI-043, PI-044, PI-047, PI-073, PI-087, QI-094. PI-044.