Address to the Geneva-based Human Rights CouncilNicholas Koumjian, the head of the Independent Investigative Mechanism for Myanmar (IIMM), said that in many cases civilians were ‘not only collateral damage, but also the target of attacks’.
“Just last week, airstrikes near a night market in northern Shan State reportedly killed about a dozen people, including a pregnant woman and two children,” he said, also mentioning airstrikes on a wedding party, refugee camps, schools and monasteries.
He added that the Mechanism has received many reports and testimonies of crimes against the thousands of detainees, including torture and sexual abuse.
“Victims and witnesses have reported beatings, electric shocks, strangulations and torture involving the pulling out of nails with pliers. There is evidence that minors and other victims of all genders have been subjected to gang rape, burns on sexual parts of the body and other violent sexual and gender-based crimes.”
Rohingya targeted again
The situation is particularly alarming in Rakhine State, the site of a brutal repression of the Rohingya Muslim community by the military in 2017, leading to the exodus of almost 750,000 members to neighboring Bangladesh.
They find themselves in a perilous situation once again, as they find themselves in the middle of a firefight between the Myanmar military and the ethnic armed group, the Arakan Army.
“They have been directly targeted by attacks and thousands have been forcibly displaced from their homes,” Mr Koumjian said.
He cited a deadly drone attack on Rohingyas trying to flee Myanmar.
“Dozens of bodies, mostly women and children, were strewn next to luggage on a riverbank. The victims were clearly civilians. I can’t imagine anyone believing this attack had a military purpose..”
Downward spiral
The situation in Myanmar has deteriorated significantly after the Military coup in February 2021 in which the elected government was overthrown and key leaders, including President Win Myint and State Counselor Aung San Suu Kyi, fell.
Fighting also broke out in several regions between security forces and ethnic armed groups opposed to the military regime. The ethnic militias reportedly seized key towns, while the armed forces used heavy weapons, including artillery and airstrikes.
Thousands of people are said to have been killed and countless others injured. Tens of thousands of homes and civilian properties have been destroyed or seriously damaged.
It is estimated that more than 3,080,000 people have been displaced since the coup, with another 68,000 forced across the country’s borders as refugees.according to the UN refugee agency, UN refugee agency.
We will follow the evidence
Mr Koumjian stressed that the IIMM “will follow the evidence wherever it leads” to ensure that the perpetrators of the attack are held accountable.
“What is happening today in Rakhine State and across the country is the result of decades of impunity. When crimes go unpunished, it only leads to more criminal behavior,” he said.
To that end, the Mechanism has shared its evidence and analysis with authorities conducting proceedings into crimes against the Rohingya in the International Criminal Court (ICC), the International Court of Justice (IGH) and in Argentina.
Despite the progress, The IIMM also faces several challenges, he added, including the lack of access to crime scenes or witnesses in Myanmar.
The independent mechanism
The Independent Investigative Mechanism for Myanmar was established by the UN Human Rights Council in 2018 and became operational in August 2019.
Its mandate is to collect evidence of the most serious international crimes and violations of international law and to prepare files for criminal prosecution, using information provided to the Office. Independent international fact-finding mission about Myanmar.
The Mechanism shall be composed of impartial and experienced professional and administrative staff. It shall have no police force, prosecutors or judges of its own.