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A/HRC/57/18 against victims killed in detention, such as beheadings, the display of disfigured and sexually mutilated bodies. The Mechanism has received credible information that such acts of mutilation have been committed by soldiers in civilian or military attire and/or military-affiliated militias. 27. The Mechanism has also received credible evidence of rape and other forms of sexual and gender-based crimes against civilians in connection with armed conflict. Civilians of all ages and genders have been subjected to abduction, rape, including with objects, gang rape, rape leading to or followed by murder, attempted rape, sexualized torture, sexual mutilation, sexual assault at military checkpoints, forced full or partial nudity and sexual slavery. The evidence collected by the Mechanism indicates that the crimes were committed with an intent to punish and induce terror in the civilian population and that victims were often targeted on one or more discriminatory grounds, including gender, ethnicity, religion, perceived political affiliation or sexual identity. 28. The Mechanism continues to examine information indicating that children below age 15 have been enlisted, conscripted or used as participants in hostilities by various armed actors. While children of all ages are subjected to the same international crimes as adults, they bear unique consequences of those crimes, in particular an enduring impairment of the exercise of their rights to education, health care and family life that almost always results from forced displacement and other such crimes. 29. The abundance of widely available information was sufficiently alarming to put Myanmar military commanders on notice of the need to take measures to prevent and punish conflict-related crimes. Despite repeated requests for information to the Myanmar military, including questions concerning any investigations or disciplinary measures taken in respect of suspected crimes, the Mechanism has not received information that any military or civilian official has been investigated, let alone prosecuted, for these grave crimes. Military commanders have a duty under international law to prevent or repress war crimes committed by those under their command. The systematic failure to do so may not only give rise to superior responsibility but may also indicate that the crimes were intended by those in command at the highest levels of the military. 30. While the vast majority of information collected by the Mechanism concerns crimes committed by the Myanmar security forces or affiliated militias, the Mechanism has also received credible information regarding crimes committed by some armed groups fighting against the military. In particular, the Mechanism continues to collect information concerning enforced disappearances, as well as the summary and sometimes brutal execution of civilians suspected of being informers or collaborators with the military. The Mechanism has also received reports of sexual violence in detention by armed groups, including rape. The Mechanism is aware that the National Unity Government has announced investigations into some of these crimes and that some armed groups have publicly announced that they consider themselves bound by international humanitarian law. The Mechanism will continue to evaluate the gravity and extent of the crimes committed in accordance with its case prioritization policy. Potential sharing with future jurisdictions 31. While the Mechanism is currently sharing information with three jurisdictions in relation to serious international crimes committed against the Rohingya, there are currently no national or international investigations or proceedings related to crimes committed since the military coup. To date, several complaints regarding post-coup crimes have been filed on the basis of universal jurisdiction, including in Germany, the Philippines and Türkiye. In September 2023, the Federal Prosecutor of Germany declined to investigate a complaint regarding genocide, war crimes and crimes against humanity in Myanmar filed by a human rights group. The authorities in the other jurisdictions where complaints have been filed have not yet announced a response. In addition, the Metropolitan Police Service in the United Kingdom of Great Britain and Northern Ireland has opened structured investigations into each of the situations under investigation by the International Criminal Court, including the forcible deportation of Rohingya from Myanmar to Bangladesh. The Mechanism has been informed that this could include the identification of potential witnesses and the examination of alleged crimes. GE.24-11995 9

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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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