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A/HRC/57/18 officers and soldiers from the security forces have defected, although obtaining and preserving their information safely has presented additional challenges. 7. To maximize the efficiency of its investigations, the Mechanism has divided its investigative personnel into two teams: one that focuses on crimes committed against the Rohingya (both historical and ongoing crimes); and another that focuses on crimes committed against all other groups, which includes almost all of the crimes committed since the military coup in February 2021. These two lines of investigation, crimes against the Rohingya and post-coup violence, have distinct characteristics, including: the time period under investigation; the history and causes of the violence; the location and availability of witnesses; and the investigative or judicial authorities who are currently investigating or adjudicating these crimes or are likely to do so (as detailed below, all three of the ongoing proceedings that the Mechanism is currently supporting deal only with violence against the Rohingya). 8. The Mechanism also continues to actively monitor the ongoing situation throughout Myanmar. As the situation in Rakhine State has deteriorated significantly in recent months, the Mechanism has opened new investigative lines of inquiry into the current conflict in Rakhine State between the Myanmar security forces and the Arakan Army and alleged crimes against the civilian population, including the Rohingya. In the last few months, there are strong indications that serious international crimes have been committed in Buthidaung, Maungdaw and the surrounding areas against both the Rohingya and other civilians in Rakhine State. The Mechanism is also investigating allegations concerning the forcible conscription of Rohingya youth into armed groups. A. Investigating and facilitating proceedings for crimes against the Rohingya 9. In relation to its investigation of crimes against the Rohingya, the Mechanism’s priority lines of inquiry include: (a) crimes against Rohingya civilians related to the 2012 violence, including the internal displacement and confinement of Rohingya into internally displaced persons’ camps near Sittwe; (b) crimes associated with the 2016 and 2017 clearance operations conducted by the Myanmar security forces, which form the focus of the ongoing investigations by the Office of the Prosecutor of the International Criminal Court and the Federal Prosecutor’s Office No. 9 in Argentina, as well as the judicial proceedings at the International Criminal Court that the Mechanism is supporting; and (c) more recent crimes committed in northern Rakhine State, in particular since May 2024. The evidence that the Mechanism has collected to date includes both crime-base evidence (establishing the elements of an international crime) and linkage evidence (evidence that tends to establish a link between the actions of specific persons and such crimes). For example, the Mechanism continues to collect and analyse evidence on the prevalence and coordinated dissemination of hate speech against the Rohingya, which was a signature feature of the crimes against the Rohingya, to assess potential criminal liability. Collection of evidence 10. The Mechanism has collected and analysed a substantial amount of evidence concerning the 2016 and 2017 clearance operations. Mechanism investigators have conducted numerous in-person screenings and interviews of witnesses in refugee camps and other locations, collecting documentary and other evidence and conducting open-source investigations using advanced techniques. 11. The Mechanism has continued its regular cycle of investigative missions to locations where survivors of serious international crimes committed in Myanmar have taken refuge or have relocated. In accordance with best practices, the Mechanism has conducted hundreds of in-person screenings (preliminary interviews) and detailed witness interviews with members of the Rohingya community, producing signed statements of high forensic value. In doing so, the Mechanism has engaged with individuals hailing from a wide range of locations across northern Rakhine State and individuals of varying ages, backgrounds and genders, ensuring the investigation not only of the most notorious and “highly documented” incidents, but also GE.24-11995 5

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Evidence of an escalation in brutal atrocities committed by Myanmar military – Myanmar Mechanism Annual Report

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Independent Investigative Mechanism for Myanmar (IIMM)

Date Published: Aug 13, 2024

Abstract: Geneva, 13 August 2024 – There is substantial evidence that brutal war crimes and crimes against humanity committed by the Myanmar military have escalated at an alarming rate across the country, according to information collected and analysed by the Independent Investigative Mechanism for Myanmar (Mechanism) and detailed in its Annual Report released today.

The Report focuses on the period 1 July 2023 to 30 June 2024 – a time when armed conflicts increased across Myanmar as the challenges to military rule intensified.

During this time, the Mechanism collected significant evidence of more intensive and violent war crimes, such as aerial attacks on schools, religious buildings and hospitals where there was no apparent military target, and physical mutilations against people detained during the armed conflicts, including beheadings and public displays of disfigured and sexually mutilated bodies.

“We have collected substantial evidence showing horrific levels of brutality and inhumanity across Myanmar. Many crimes have been committed with an intent to punish and induce terror in the civilian population,” said Nicholas Koumjian, Head of the Mechanism.

The Mechanism is also investigating the unlawful imprisonment, including arbitrary detention and manifestly unfair trials, of perceived opponents of the military junta. Thousands of people have been arrested and many tortured or killed in detention. There is abundant evidence of systematic torture, including severe physical and mental abuse such as beatings, electric shocks, strangulations and sleep deprivation. There is also evidence of gang rape, the burning of sexual body parts and other violent sexual and gender-based crimes committed in detention. The victims include people of all genders and ages, including children.

“No one has been held accountable for any crimes, which emboldens perpetrators and deepens the culture of impunity in the country. We are trying to break this cycle. I believe the Mechanism has made considerable progress in building criminal cases against those most responsible for these crimes,” said Koumjian.

The findings in the Report are based on information and evidence collected from more than 900 sources, including more than 400 eyewitness testimonies, and additional evidence such as photographs, videos, audio material, documents, maps, geospatial imagery, social media posts and forensic evidence.

While the vast majority of information collected by the Mechanism concerns crimes committed by the Myanmar security forces, there is also credible evidence of crimes committed by armed groups which are fighting against the military. This includes summary executions of civilians suspected of being military informers or collaborators.

While the Mechanism is working hard to investigate the high volume of crimes committed since the military takeover in February 2021, it also maintains its commitment to the investigation of earlier crimes committed against the Rohingya during the Myanmar military’s 2016 and 2017 clearance operations. In particular, the Mechanism has analysed the movements of military units, the resettlement practices and policies intended to attract the migration of non-Rohingya people to Rakhine State, and the quantities and qualities of weapons possessed by the Arakan Rohingya Salvation Army at the time of the clearance operations.

The Mechanism has shared these analyses, along with a vast volume of evidence, with authorities working on ongoing cases concerning the Rohingya at the International Criminal Court, the International Court of Justice and in Argentina. The Mechanism is proactively sharing evidence that may be relevant to the proceedings and is also responding to targeted requests from these authorities for specific information and analysis.

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