As the main powerholder in Rakhine State, the Arakan Army has both a legal and moral duty to respect and protect the rights of the Rohingya, including their right to exist as a distinct group. The Arakan Army must comply with the provisional measures and take concrete steps to protect the Rohingya, alongside all other civilians in Rakhine State. As a party to the conflict in Rakhine State, the Arakan Army must also uphold international humanitarian law. International humanitarian law One of the main purposes of international humanitarian law (IHL) is to protect non-combatants, people who are not taking part in hostilities – specifically, civilians, health workers and aid workers. Fundamental rules applicable in internal armed conflicts include the principle of distinction between combatants and civilians and between military and civilian objects. IHL requires all parties to a conflict to take precautionary measures to minimise harm to civilians and civilian objects, which includes providing effective warnings to civilian populations. Direct attacks against civilians and civilian objects are prohibited. Indiscriminate attacks (attacks which strike military objectives and civilians or civilian objects without distinction) are also prohibited. Reprisal attacks against civilians are prohibited in all circumstances, regardless of the behaviour of the other party to the conflict. All parties to internal armed conflicts must comply with IHL. Perpetrators of IHL violations may be held criminally liable under national and international law. The UN Guiding Principles on Internal Displacement consolidate existing international human rights and humanitarian law relevant to the internally displaced.161 They reiterate that arbitrary displacement is prohibited in situations of armed conflict - unless the security of the civilians involved or imperative military reasons so demand – and should last no longer than required by the circumstances. They further clarify that displacement as a collective punishment is prohibited, as is displacement based on policies of apartheid, “ethnic cleansing” or similar practices.162 The right of return for internally displaced persons in safety to their homes or habitual places of residence is also part of customary international humanitarian law.163 Customary international humanitarian law prohibits the use of weapons that are by nature indiscriminate.164 Landmines are victim-activated weapons that cannot distinguish between civilians and combatants, and as such are inherently indiscriminate weapons. Although landmines are not yet enumerated as a specific prohibited weapon in the ICC Rome Statute, international human rights organizations are increasingly calling for the extensive use of landmines in civilian areas such as homes, villages, and farmland to be investigated as the war crime of directing attacks against civilians and civilian objects, a crime over which the ICC does have jurisdiction.165 War crimes War crimes are serious violations of international humanitarian law. Specific acts which are prohibited in the context of an internal armed conflict are described in Articles 8(2)(c) and 8(2)(e) of the Rome Statute of the International Criminal Court (ICC).166 Such acts include (but are not limited to) murder, torture, cruel treatment, extrajudicial executions, sexual violence, rape, taking hostages, using, 161 UN Guiding Principles on Internal Displacement (1998) UN Doc E/CN.4/1998/53/Add.2. 162 ibid Principle 6(2)(3). 163 Rule 132. Displaced persons have a right to voluntary return in safety to their homes or places of habitual residence as soon as the reasons for their displacement cease to exist. See < https://ihl-databases.icrc.org/en/customary-ihl/v1/rule132> accessed 6 June 2025. 164 Rule 71. The use of weapons which are by nature indiscriminate is prohibited. See < https://ihldatabases.icrc.org/en/customary-ihl/v1/rule71#Fn_8ACA2B68_00035> accessed 6 June 2025. 165 Amnesty International, ‘Myanmar: Military’s use of banned landmines in Kayah State amounts to war crimes’ (20 July 2022) available at < https://www.amnesty.org/en/latest/news/2022/07/myanmar-militarys-use-of-banned-landmines-inkayah-state-amounts-to-war-crimes/> and accessed 6 June 2025. 166 Articles 8 (2) (c) (i-iv) and 8 (2) (e) (i-xv). Rome Statute of the International Criminal Court (Rome Statute), adopted July 17, 1998,2187 UNTS 90, U.N. Doc. A/CONF.183/9 (2002). 30