A/HRC/39/CRP.2
131. This incident, as well as most other incidents involving the use of explosive weapons
in or around civilian areas examined by the Mission, did not show a pattern that would
indicate a legitimate attempt to target a specific military objective.185 For example, to be used
with accuracy against a specific military target, artillery needs to have its fire planned and
directed. Initial rounds fired by artillery are often not on target, so adjustments need to be
made in order to “fire for effect” on the identified military target. However, this pattern was
not discernible in the cases examined. Apart from the fact that explosive weapons ordinarily
have wide-area effect and are therefore likely to have indiscriminate effects in densely
populated areas, their use in such areas also commonly causes a widespread and predictable
pattern of harm. In Kachin and Shan States, the Tatmadaw’s airstrikes and shelling into
populated residential areas have repeatedly caused the death and injury of civilians and
significant damage to civilian buildings. 186 Opting to use bombs or shelling in such areas, in
particular where specific military objectives are unclear and civilian areas are densely
populated, will therefore often be indiscriminate and in violation of the principle of
precaution in attacks.
132. Similarly, on 5 August 2017, in Maw Saung village in Kutkai Township in Shan State,
the Tatmadaw launched explosives from the air that landed on a tree next to a woman’s house.
Shrapnel hit the woman in her stomach and she died on her way to the hospital.187 According
to the witness, the Tatmadaw had attacked the village because on the previous day the TNLA
had come to the area in the context of a drug elimination programme. The TNLA left the
village and clashed with the Tatmadaw on the outskirts. Subsequently, the Tatmadaw shelled
the village. 188
133. Furthermore, information collected by the Mission also indicates that the Tatmadaw
has systematically engaged in hostilities with EAOs without providing adequate warnings to
civilians to allow them to evacuate the area targeted for military operations, or to take feasible
precautions during the course of the attacks. 189 For example, in June 2017, the Tatmadaw
dropped leaflets warning civilians to evacuate prior to airstrikes on Nganga village, Tanai
Township, Kachin State, but Tatmadaw soldiers then partly prevented civilians from leaving
the area, shutting down most routes. 190
Destruction, appropriation or looting of civilian property and other protected objects
134. The Mission collected multiple accounts and other information regarding the
Tatmadaw’s widespread practice of attacking, destroying and looting of civilian property or
other protected objects as part of its military operations. 191 Witnesses consistently reported
that the Tatmadaw systematically pillaged villagers’ belongings, including livestock, food
supplies and money.192 In addition, the Tatmadaw destroyed and ransacked civilian homes,
and sometimes schools, health clinics and churches, 193 including by setting them on fire. In
many cases, the attacks were seen as targeted against particular individuals or entire villages
based on their perceived affiliation and allegiance to armed groups, seemingly merely
because they share the same ethnicity.194
135. For example, a witness reported that Garayang village, Waingmaw Township, Kachin
State was entirely burnt by the Tatmadaw during an offensive attack against the KIA on 16
185
186
187
188
189
190
191
192
193
194
36
DI-061, DI-062, PI-042, PI-043, PI-045, PI-072, PI-101, SI-002.
DI-057, DI-061, DI-066, PI-043, PI-045, PI-046, PI-049, PI-054, PI-072, PI-073.
PI-072.
K-137, PI-072.
PI-042, PI-049, PI-103.
PI-049, PI-103, V-062; see this chapter, forced displacement, confiscation and destruction of
property, and denial of humanitarian assistance section; see this chapter, section A.8: Emblematic
incidents (Tanai).
D-066, DI-068, DI-069, PI-024, PI-026, PI-042, PI-043, PI-045, PI-046, PI-047, PI-049, PI-050,
PI-054, PI-065, PI-073, PI-087.
PI-073, PI-074.
K-134, PI-024, PI-043, V-116.
DI-062, DI-066, DI-068, DI-069, PI-024, PI-026, PI-042, PI-043, PI-045, PI-046, PI-047, PI-049,
PI-050, PI-054, PI-065, PI-073, PI-087.