Extrajudicial Killing and Torture

As with forced displacement and sexual violence, the UN documentation of extrajudicial killings and torture creates a prima facie case that justifies a thorough UN investigation into such violence.  UN actors document that the reported violations are perpetrated within a culture of impunity. UN documentation suggest the reported violations of extrajudicial killings and torture constitute international crimes.

The Myanmar Rapporteur, General Assembly, and Commission on Human Rights have documented extrajudicial killings and torture violations in Burma consistently since 1992. Victims were reportedly IDPs shot by Tatmadaw soldiers in Shan and Karen states.

In 2002, the Executions Rapporteur sent letters to Burmese authorities about the use of excessive force against farmers and others who brought up social or economic issues. Government soldiers summarily executed or tortured civilians, and gang raped women before shooting and killing them.

In 2006, UN Human Rights experts noted "widespread violence" that "continued to spiral" in Karen State and in Pegu Division; "several civilians, including women and children have been extra-judicially killed". Allegations of unlawful killings, torture, rape and forced labor.

UN actors have chronicled extrajudicial killings and torture in eastern Burma annually since 2002.

In 2006, the Myanmar Rapporteur noted a "deliberate strategy" by the military to carry out acts of violence such as killing and terrorizing civilians. the Executions Rapporteur reminded the Burmese authorities that their "shoot-on-sight policies" are an "enduring threat to human rights-based law."

Of particular relevance to extrajudicial killings, the Executions Rapporteur and the Myanmar Rapporteur drew attention to the "shoot on sight" policy often linked to the forced displacement of civilians.

In 2008, the Myanmar Rapporteur noted that the extrajudicial killings and torture violations have not been investigated and those responsible have not been prosecuted. The violations were the result of a system in which individuals and groups break the law without being called into account. (impunity). Continuing a pattern of immunity of grave IHL violations, including extrajudicial killings and torture.

in 2006, the Executions Rapporteur again appealed to the junta that deaths due to military operations be  independently and thoroughly investigated in accordance with the UN International Criminal Law. The Rapporteur noted the Burmese government's "failure to cooperate". This again reinforces that impunity is an ongoing and persistent problem with extrajudicial killings and torture in Burma.

In 2008, the Myanmar Rapporteur included torture and summary executions in a list of reported violations taking place on a "widespread and systematic basis."

The UNs evidence of extrajudicial killings and torture in eastern Burma constitute crimes against humanity prohibited by Article 7 or war crimes prohibited by Article 8 of the Rome Statute. The crimes against humanity and war crimes justify the creation of a Commission of Inquiry to investigate the violations.

The UNs documentation of extrajudicial killings and use of torture are part of "an attack directed against a civilian population," establishing a crime against humanity. The UN documents the victims as civilians.

The Myanmar Rapporteur described the killing and torture as both "widespread and systematic." "Systematic" violations involve policy: The junta's Four Cuts Policy is a means of terrorizing the population. Regarding extrajudicial killings; "shoot-on-sight policy."

The requirement for war crimes under the Rome Statute that extrajudicial killings and torture are part of a "plan" or "policy" or are committed on a "large-scale" is also present on its face.

The UN documents emphasize the culture of impunity surrounding the violence, including the military's failure to investigate and prosecute the responsible parties.

Burma 101 - War Crimes