The President’s Office has forwarded a final report of the Independent Commission of Enquiry (ICOE) to the Office of the Commander-in-Chief so that the Tatmadaw’s Judge Advocate General can further investigate and prosecute crimes allegedly committed by security forces, including extrajudicial killings and the looting and burning of houses in northern Arakan State.

 

The ICOE was formed by the Myanmar government on July 30, 2018, to investigate allegations of human rights violations during hostilities between the Tatmadaw and the Arakan Rohingya Salvation Army (ARSA) in Arakan State in 2016-17.

 

The President’s Office statement was released one day after the president received the commission’s final report. The President’s Office said the commission had found that members of ARSA, its collaborators, security forces and civilians committed crimes such as the killing of civilians, use of disproportionate force, and looting and burning of homes abandoned by Muslims in Buthidaung, Maungdaw and Rathedaung townships.

 

The commission found that hundreds of people were killed, especially in Min Gyi (Tula Toli), Chut Pyin and Maung Nu villages. Importantly, however, the ICOE determined that the violence was not carried out with “genocidal intent”, as United Nations investigators have contended.

 

According to the commission’s recommendation, the president agreed to continue investigations and to take legal action against those responsible if solid evidence is uncovered.

 

The President’s Office statement said the commission report was sent to the Union Attorney General’s Office so that investigations can proceed in order to identify and charge civilians responsible for criminal acts, such as destruction of property or looting. Moreover, the president said the attorney general should investigate and charge ARSA members and their collaborators in coordination with the military’s Judge Advocate General.

 

The report comes days before the UN’s International Court of Justice (ICJ) in The Hague, Netherlands, is due to release its ruling on whether “emergency measures” are to be taken against Myanmar after The Gambia brought a case before the world tribunal. Hearings were held last month, at which Myanmar State Counsellor Daw Aung San Suu Kyi spoke in defense of her country. The ICJ ruling is expected on January 23.