Comments
On August 27, 2018, the UN Human Rights Council released the Report of Independent International Fact-Finding Mission (Mission) on Myanmar concerning the recent alleged human rights violations by military and security forces in Myanmar, and particularly in Rakhine State. The Mission concluded that the gross human rights violations and abuses committed in Kachin, Rakhine, and Shan States “undoubtedly amount to the gravest crimes under international law” and that “Myanmar has a heavy responsibility to remedy the situation as a matter of the utmost urgency.” As noted in the press release, the Mission argued that “Myanmar’s top military generals, including Commander-in-Chief Senior-General Min Aung Hlaing, must be investigated and prosecuted for genocide in the north of Rakhine State, as well as for crimes against humanity and war crimes in Rakhine, Kachin and Shan States.” The Report notes that in terms of the legal framework for their analysis, “in addition to non-international armed conflicts in Kachin and Shan States, the Mission considered that the violence in Rakhine State between the Arakan Rohingya Salvation Army (ARSA) and the Myanmar security forces constituted a non-international armed conflict.”