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Library Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar

Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar

Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar

Resource information

Date of publication
november 2014
Resource Language
ISBN / Resource ID
OBL:75645

Conclusion:
"...This memorandum describes a Myanmar military counterinsurgency offensive that
involved the widespread targeting of civilians in northern Kayin State and eastern Bago
Division. Myanmar Army soldiers fired mortars at villages, opened fire on fleeing
villagers, destroyed homes, laid landmines in civilian locations, forced villagers to work
and porter, and captured and executed civilians. The impact on the population was
massive. Tens of thousands of individuals were displaced during the campaign and many
were killed. In Thandaung Township—the area which was the focus of the Clinic’s
investigation—nearly every village was affected by the Offensive and almost all of the
villagers residing in black areas were forced to flee.
Evidence collected by the Clinic during the investigation demonstrates that the actions
of Myanmar Army personnel during the Offensive constitute crimes under international
criminal law. These crimes include the war crimes of attacking civilians, displacing
civilians, destroying or seizing the enemy’s property, pillage, murder, execution without
due process, torture, and outrages upon personal dignity, and the crimes against
humanity of forcible transfer of a population, murder, enslavement, torture, and other
inhumane acts. The Clinic has also collected evidence relevant to the war crime of rape,
as well as the crimes against humanity of rape and persecution. More research and
analysis is necessary to determine whether these crimes could be included in a criminal
case associated with the Offensive...

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