79th Session of the Third Committee of the General Assembly

Body

Statement by Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar

 

29 October 2024

Mister Chair,

Excellencies, distinguished representatives,

It is an honour to update you on the progress of the Independent Investigative Mechanism for Myanmar.

Since I appeared before this Committee a year ago, I regret to report that the frequency and brutality of war crimes and crimes against humanity in Myanmar has only increased.

Aerial attacks by the Myanmar military have intensified, killing hundreds of civilians. In just the past few weeks, the Mechanism has collected evidence of air strikes on an IDP camp in Mandalay and Kayah State; markets, schools and a temple in Northen Shan State; a wedding reception in Sagaing; and a number of villages in Rakhine State.

Arrests of people perceived to be opponents of the military are also increasingly frequent. The Mechanism is making important progress in its investigations into unlawful detention and crimes committed against those detained. We have collected harrowing testimonies from victims and witnesses recounting torture, including gang rape and other sexual assaults against people of different genders and ages.

The Mechanism is collecting evidence of very brutal war crimes committed by a number of armed groups, not just the Myanmar military. In all cases, the Mechanism is working to identify those most responsible – no matter their political affiliation, beliefs or ethnicity. 

We have opened new investigations in Magway and Sagaing regions and Kachin and Shan States. In Rakhine State, civilians of all ethnicities are suffering from effects of battles between the Arakan Army and the Myanmar military. We have received reports of horrific crimes including torture, rapes and mass killings. The Rohingya in Rakhine State are particularly vulnerable. They have been both victims of collateral damage and directly targeted. Tens of thousands have fled their homes.

The suffering in Rakhine and elsewhere in the country is the result of decades of impunity, and this cycle of atrocities is likely to continue until perpetrators of crimes face justice.

The Mechanism was created to break this cycle. For this purpose, we have accelerated the volume of information and analysis we are sharing with the authorities at the International Criminal Court, Argentina Federal District Court and the International Court of Justice.  

Mr. Chair,

The progress we have made has been in the face of significant headwinds.  We have been forced to limit several key activities due to budget restrictions resulting from the ongoing liquidity crisis. We have no access to Myanmar, and securely communicating with sources within the country is increasingly difficult. We also have no access to a number of Member States represented in this room. The Mechanism needs the cooperation of all States in order to access the information and witnesses located on your territories.

In response to these challenges, we have found new ways to harness technology to support our investigations, including using innovative tools to verify and analyse vast quantities of social media posts, photos, videos, geospatial imagery and other digital information. This is cross-checked against evidence received from more than 1,000 sources, including over 450 accounts from victims and witnesses.

I am grateful to the many individuals who are risking their lives and liberty to share information with the Mechanism. We are doing all we can to keep their interactions with us as safe as possible, and to ensure that the risks they take are not in vain.

The Mechanism does not have the authority to carry out arrests or prosecutions. Rather we are mandated to assist those with the legal authority to do so. Therefore, there is a need for the international community – the Member States represented in this room – to take action to hold those responsible for these atrocities to account. The Mechanism stands ready to work with your judicial or prosecutorial authorities to build cases in national or international courts.

The people of Myanmar yearn for some measure of justice. But it is not only for them that our work is important. Any success in holding accountable those responsible for crimes against humanity, war crimes and genocide would have implications far beyond Myanmar. It would send a powerful message that those who commit the most serious international crimes – regardless of their positions or power – can be brought to justice.  

Thank you.