Investigations: Focus areas
The Mechanism has developed a policy to prioritize incidents to be investigated. It looks at the nature, gravity and scale of each crime; how it was committed; and the impact of investigations on victims and potential deterrence of future crimes. It considers the strength of the available evidence and whether further evidence could be obtained. Incidents that include sexual and gender-based crimes and crimes against and affecting children are prioritized.
Sexual and gender-based crimes
The Mechanism prioritizes investigating sexual and gender-based crimes (SGBC), which are often under-reported and under-documented, to fully capture the harm inflicted on victims – including women, men, children and people with diverse gender identities – and their communities. Sexual crimes include rape, sexual slavery, forced marriage, enforced prostitution, forced pregnancy, forced nudity, enforced sterilization or any other equally serious form of sexual violence. Gender-based crimes include persecution or torture committed against a person because of their sex or socially constructed gender roles, as well as reproductive violence – any actions or lack of actions that cause harm by interfering with a person’s ability to reproduce or make or carry out decisions about their reproduction.
Recognizing the unique challenges of investigating these crimes, the Mechanism has:
Developed guidance documents to support investigations.
Recruited investigators, lawyers, analysts, and witness support and protection officers with expertise in handling such cases and working sensitively with victims and witnesses.
Trained personnel on SGBC and gender-sensitive approaches and methodologies.
The Mechanism also engages with grassroots women’s groups and women leaders from diverse groups and organizations that work with people of diverse sexual orientations and gender identities to include their perspectives in its investigations and amplify their voices in the accountability process.
Crimes against and affecting children
Children from all ethnic groups in Myanmar have been directly targeted by the Myanmar security forces and armed groups for serious international crimes, including killings, arbitrary detention, torture, SGBC, conscription and use in active hostilities. When schools and hospitals are targeted during armed attacks, children are also gravely affected.
The Mechanism prioritizes investigating these crimes. Its specialist personnel have expertise in documenting crimes against and affecting children (CAAC) and working sensitively with child victims and witnesses.
Financial investigations
The Mechanism collects and examines financial information and evidence involving military and civilian officials, corporate actors and others who may have financially contributed to or benefitted from serious international crimes in Myanmar since 2011. For example, the Mechanism is investigating the destruction and dispossession of land, homes and businesses during the 2016 and 2017 clearance operations against the Rohingya. It is also investigating individuals who supply weapons, knowing they could be used to commit serious international crimes, and who could be held responsible for enabling those crimes.
In particular, the Mechanism collects information about bank transactions, currency transfers, property ownership, weapons supply chains and the assets of military and civilian officials, corporate actors or groups of interest. In addition to facilitating criminal proceedings, this information could also help authorities to locate and arrest perpetrators, divert resources from the commission of further crimes, and identify possible ways to compensate victims.
