A/HRC/39/CRP.2
317. On the night of 19 November 2016, elements of the Northern Alliance attacked
Monekoe town.682 The Northern Alliance captured most of Monekoe with the exception of a
hilltop military base held by the Tatmadaw.
318. Following this, the Tatmadaw conducted the mass arrest and detention of civilians.
On 20 November 2016, Tatmadaw soldiers from the 99 th Light Infantry Division went from
house to house in Man Jat village, Monekoe and arrested more than 100 people, who were
then forced to walk to a military camp on the hilltop. 683 One interviewee was asked by the
soldier who arrested him, “It is impossible that you didn’t know about the attacks, why didn’t
you inform us?”684 Several individuals were accused of being spies, and a few were
specifically accused of being affiliated with the MNDAA, tied up and beaten. 685 About
12 hours later the Tatmadaw released the women and children, as well as some Chinese
citizens, leaving approximately 70 to 80 men detained. Several hundred soldiers as well as
militia members were stationed at the military camp. 686
319. The detainees were forced to lie on the ground, day and night, between two wire
fences, placing them between the Tatmadaw base and Northern Alliance troops. 687 They
were told not to make any noise or they would be killed. 688 Intense fighting between the
Tatmadaw and the Northern Alliance outside the military camp took place during the 13 days
the group were held. Tatmadaw troops threw grenades over the heads of the detainees, several
of which fell on them after getting caught in the trees, killing at least two individuals and
injuring others.689 The injured were not released to seek medical attention.690 One detainee
saw a mortar shell land among the detainees, although it did not explode.691 A 90 year-old
detainee was witnessed being killed when he tried to escape during an exchange of fire. 692
Detainees were exposed to the elements with no shelter, sleeping on the ground. They had
no access to washing facilities and no sanitary facilities, initially urinating in the area they
were detained and later in a pit dug behind the second fence. Detainees were also initially not
provided food for several days.693 When members of the Northern Alliance gained access to
part of the military base on 4 December 2016, the civilians were able to escape. 694 The placing
of this group of civilian detainees in the line of fire is a clear example of the Tatmadaw not
taking all feasible precautions to protect the civilian population under their control against
the effects of attacks, one of the fundamental principles of international humanitarian law. 695
In this instance, it may also amount to the prohibited use of human shields.696
320. The Mission received credible accounts of civilians being intentionally killed by the
Tatmadaw in the Monekoe area during this period.697 For example, one man who was
detained in the military base, stated that after they escaped he witnessed another man being
shot at and then killed by a knife by one of the Tatmadaw soldiers. 698 Two cases of enforced
disappearance were also corroborated, in both cases following arrest by the Tatmadaw. 699
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
DI-058, DI-060, K-133.1, K-133.2, K-133.3, K-133.24, V-056.
DI-058.
DI-060.
DI-058.
DI-058, DI-060, K-133.6, K-133.23.
DI-058, DI-060, K-133.23, V-170.
DI-060.
DI-058, DI-060, K-133.23.
DI-060.
DI-060, K-133.23.
DI-060.
DI-058, DI-060.
DI-058, DI-060, K-133.23.
ICRC/Customary IHL, rule 22.
ICRC/Customary IHL, rule 97. The use of human shields is defined as using the presence (or
movements) of civilians or other protected persons to render certain points or areas (or military
forces) immune from military operations.
DI-058, K-133.1, K-133.16. See also this chapter, section A.2: Unlawful killings.
DI-058.
See this chapter, section A.5: Arbitrary deprivation of liberty and enforced disappearance.
81