9 Aug 2023
The UN’s Independent Investigative Mechanism for Myanmar has issued its annual report. (Announcement and Full Report). I have talked with them at length in an informal capacity. They are very careful with sourcing as well as investigative discipline. They are also very tuned in.
Press Release: War crimes by Myanmar military are more frequent and brazen – Myanmar Mechanism Annual Report
Geneva, 8 August 2023 – There is strong evidence that the Myanmar military and its affiliate militias are committing increasingly frequent and brazen war crimes, according to information collected and analysed by the Independent Investigative Mechanism for Myanmar (Mechanism) and outlined in its Annual Report released today.
These war crimes include indiscriminate or disproportionate attacks on civilians from aerial bombing, such as the military airstrike in Sagaing in April 2023 that reportedly killed more than 155 people. There has also been an increase in the mass executions of civilians and detained combatants, and the large-scale and intentional burning of civilian homes and buildings, resulting in the destruction of entire villages in some cases.
“Every loss of life in Myanmar is tragic, but the devastation caused to whole communities through aerial bombardments and village burnings is particularly shocking,” said Nicholas Koumjian, Head of the Mechanism. “Our evidence points to a dramatic increase in war crimes and crimes against humanity in the country, with widespread and systematic attacks against civilians, and we are building case files that can be used by courts to hold individual perpetrators responsible.”
The Myanmar military has justified aerial bombings, including on schools and monasteries, as attacks against military targets. However, the Mechanism’s evidence indicates that the military should have known, or did know, that large numbers of civilians were present in or around alleged military targets at the time of some of these attacks.
The Mechanism’s report explains that under international law, military commanders have a duty to prevent and punish war crimes committed by those under their command and failing to take reasonable measures to prevent and punish these crimes may make the commanders criminally responsible. The Mechanism notes that “repeatedly ignoring such crimes may indicate that the higher authorities intended the commission of these crimes.”
I can’t say this was related, timingwise, as it’s a long time tradition: On Aug 1, the regime laughably (and predictably) granted clemency on a few years of the sentences doled out to DASSK and President Win Myint. Under this generous offering, DASSK (now 78) will be free to leave house arrest at the age of 105. Win Myint at 79 - some time around 2030.
Other releases per Democratic Voice of Burma:
22 members of Ethnic Armed Organizations (EAO), 72 individuals accused of belonging to “unlawful associations,” and 125 foreign nationals. The prisoner amnesty was granted to mark the Full Moon of Waso, or the start of Buddhist Lent, according to regime media. Some prisoners on death row had their sentences commuted to life imprisonment.
I may have written about this holiday deal in the past. Whenever one digs into it, one finds out the amnesty is solely for the same old criminals and doesn’t include any of the political prisoners. It is, effectively, also clearing out the jails for more political roundups.
As you’ll see below, AAPPB shows nearly 20,000 still behind bars who have been taken since the coup for what they track as being for political reasons. The recent releases were announced August 1, so I believe there has been time to assess, but maybe we’ll see a slight dip on these charts in the coming days. I wouldn’t bet on it.