A/HRC/39/CRP.2 international humanitarian law is the principle of distinction: the parties to the conflict must at all times distinguish between civilians and combatants (fighters) and between civilian objects and military objectives.157 Attacks may therefore only be directed against combatants (fighters) and never against civilians. A corollary of the principle of distinction is the duty of parties to the conflict to avoid or, in any event, minimize the infliction of incidental death, injury and destruction on persons or objects protected against direct attack. This is the principle of precaution: in the conduct of hostilities “constant care shall be taken to spare the civilian population, civilians and civilian objects”.158 This requirement applies to the attacking party and the party that is attacked. 159 A third cardinal principle of international humanitarian law is the principle of proportionality. This means that it is prohibited to launch an attack that may be expected to cause incidental loss of civilian 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.160 118. It flows from the above that direct attacks against civilians are absolutely prohibited and so are acts or threats of violence the primary purpose of which is to spread terror among the civilian population.161 Indiscriminate attacks are also prohibited. These are attacks of a nature to strike military objectives and civilians or civilian objects without distinction because: (1) they are not directed at a specific military objective, (2) they employ a method or means of combat which cannot be directed at a specific military objective, or (3) they employ a method or means of combat the effects of which cannot be limited as required by international humanitarian law.162 119. Violations of these cardinal rules of international humanitarian law may amount to war crimes. For instance, it is a war crime to make the civilian population or individual civilians, not taking part in hostilities, the object of an attack. Other war crimes include: making civilian objects the object of attack; launching an indiscriminate attack resulting in death or injury of civilians or an attack in the knowledge that it will cause excessive incidental civilian loss, injury or damage; seizing property of the adverse party not required by military necessity, and pillage.163 (b) Findings 120. Based on the body of information and material amassed, the Mission concludes that there is a pattern of Tatmadaw military operations, connected to the armed conflicts in Kachin and Shan States, that are in violation of the core principles of international humanitarian law. The following key factual patterns were established. Attacks directed at the civilian population or civilians, and indiscriminate attacks 121. The Tatmadaw intentionally, frequently and systematically directed attacks against the civilian population or individual civilians. The Tatmadaw has also systematically engaged in attacks that were indiscriminate, either because they were not directed against a specific military objective or because they employed a method or means of combat that cannot be directed at a specific military objective. 122. A regular and systematic occurrence, for example, is the attacking of villages in Kachin and Shan States for the apparent sole reason that the residents belong to the same ethnic group as a particular enemy “ethnic armed organization” and so are considered members or supporters of that organization simply because of their ethnicity. Villages are also attacked in retaliation for attacks by such groups against the Tatmadaw.164 This pattern is noted across villages and towns in conflict-affected areas. The Mission received consistent 157 158 159 160 161 162 163 164 ICRC/Customary IHL, rules 1 and 7. ICRC/Customary IHL, rule 15. ICRC/Customary IHL, rules 15 and 22. ICRC/Customary IHL, rule 14. ICRC/Customary IHL, rules 1 and 2. ICRC/Customary IHL, rule 12. See ICC Statute, art. 8. PI-026, PI-043, PI-045, PI-046, PI-087, PI-101, SI-002. 33