A/HRC/39/CRP.2 59. The Mission therefore has reasonable grounds to consider that the conflict between the Myanmar government forces and ARSA amounts to a non-international armed conflict at least since 25 August 2017.59 The Mission consequently examined the use of force in the context of the August 2017 attacks and the resulting allegations of human rights violations and abuses in light not only of the relevant rules of international human rights law but also of international humanitarian law. (c) Applicable rules of international humanitarian law 60. Myanmar is a party to the four Geneva Conventions of 12 August 1949. 60 It is also a party to the 1972 Convention on the Prohibition of Biological Weapons 61, the 1993 Convention prohibiting Chemical Weapons62, as well as to the Hague Convention and Protocol for the Protection of Cultural Property. 63 Additionally, all parties to noninternational armed conflicts in Myanmar are bound by the relevant rules of customary international law applicable in such conflicts. 61. Of particular relevance is common article 3 of the Geneva Conventions. This article contains protections for civilians and other persons not taking direct part in hostilities. It obliges all parties to respect, as a minimum, that persons taking no active part in hostilities shall be treated humanely, without any adverse distinction. It prohibits violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture, taking of hostages, outrages upon personal dignity as well as the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, respecting the generally recognized principles of fair trial and due process. Furthermore, parties to armed conflicts must, at all times, abide by the principles of distinction, proportionality and precautions in attack. 64 This means that parties must distinguish between civilian persons and objects, on the one hand, and lawful military targets, on the other.65 Attacks are prohibited where they are expected to cause incidental loss of life, injury to civilians, damage to civilian objects or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.66 Parties must also take all feasible precautionary measures to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects. 67 62. Myanmar is responsible for all violations of international humanitarian law committed by its armed forces or those acting under its direction or control. 68 3. International criminal law 63. In its efforts to appropriately characterize the human rights violations and abuses it established, the Mission has had regard to international criminal law. This body of law governs the situations in which individuals can be held individually criminally responsible for gross violations of international human rights law and serious violations of international humanitarian law that amount to crimes under international law. The principal crimes considered by the Mission were genocide, crimes against humanity and war crimes. In doing 59 60 61 62 63 64 65 66 67 68 The Mission notes that this conclusion is in line with public statements made by the International Committee of the Red Cross. See e.g. “Rakhine: Returns must be safe, dignified and voluntary Speech by the ICRC President at the Shangri-La Dialogue”, Singapore, 2 June 2018. Since 25 August 1992. Myanmar has not ratified the Additional Protocols I and II to the Geneva Conventions. Since 1 December 2014. Since 8 July 2015. Since 10 February 1956. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rules 1-24. (hereafter ICRC/Customary IHL”). Ibid. rule 7. Ibid. rule 14. Ibid. rules 15-24. Ibid. rule. 149; International Law Commission Articles on State Responsibility (General Assembly resolution 56/83), art. 8. 19