International Human Rights Clinic at Harvard Law School
Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar
28
forced labor was rare, although villagers were captured on occasion and forced to porter
for military units.
88
In brown areas, soldiers have been governed by rules of engagement that generally do
not allow for the same degree of violence and destruction, but nevertheless facilitate
regular forms of abuse. In general, military personnel in brown areas have not been
permitted to use deadly force indiscriminately as frequently or to destroy civilian
property as completely, but have been allowed to engage routinely in other abusive forms
of conduct, especially those intended to assert control over local populations.
89
During the Offensive, contact between military units and civilians was frequent in
brown areas, where Army bases were often located in close proximity to villages.
90
Forced
labor was extremely prevalent in those areas, with villagers being made to porter goods,
91
build or maintain Army camps,
92
and act as watchmen.
93
The military often employed
forced labor systematically by requiring, for example, each household to provide labor
on a monthly or weekly basis.
94
The military also closely managed the location and
movements of the civilian population in brown areas, often ordering villagers to
relocate
95
and imposing severe restrictions on movement, including through the
implementation of travel bans,
96
curfews,
97
and pass systems.
98
Shoot-on-sight orders
were sometimes given to soldiers in brown areas in relation to temporary time periods
135, 136, 140, 141, 149, 154, 155, and 158. Some individuals interviewed by the Clinic
described being displaced by attacks decades ago and remaining in hiding since then, moving
from location to location based on military movements and attacks.
88
Clinic Database, Interview Nos. 8, 13, 39, and 56 (forced to construct military camp).
89
Clinic Expert Declaration, Expert 1, para. 95; Clinic Expert Declaration, Expert 2, para. 96.
90
See, e.g., Clinic interviews with villagers from Shah Si Boh (Clinic Database, Interview Nos. 12,
17, 22, 26, 31, 32, 33, 42, 46, 47, 52, 71, 73, 76, 77, 79, 86, 93, 96, 97, 99, 100, 106, 109, 116,
130, 131, 132, 133, 147, and 151) and Klaw Mi Der (Clinic Database, Interview Nos. 67, 80,
138, 143, and 146).
91
Clinic Database, Interview Nos. 12, 18, 22, 31, 33, 42, 46, 52, 73, 74, 86, 97, 100, 102, 105,
106, 107, 115, 116, 120, 121, 127, 134 (Play Hsa Loh, unclear if classified as brown or black
area), 138, 142, 143, 146, and 147.
92
Clinic Database, Interview Nos. 33, 52, 71, 80, 86, 97, 100, 103, 107, 116, 120, 121, 123, 130,
142, 147, and 151.
93
Clinic Database, Interview Nos. 12, 51, 52, 100, 116, 134, and 151.
94
Clinic Database, Interview Nos. 12, 18, 22, 31, 33, 39, 46, 52, 71, 73, 74, 76, 86, 103, 105,
107, 109, 117, 131, 146, 147, and 162.
95
Clinic Database, Interview Nos. 12, 35, 38, 46, 54 (ordering villagers from mountains to leave
Shah Si Boh), 67, 86, 103, 106, 133, 134, 138, 143, and 146.
96
Clinic Database, Interview Nos. 22, 26, 31, 33, 46, 52, 73, 74, 75, 77, 80, 86, 88, 95, 96, 97,
100, 103, 106, 107, 111, 142, 146, 149, and 151.
97
Clinic Database, Interview Nos. 109, 116, 117, 146, 147, 151, and 162.
98
Clinic Database, Interview Nos. 42, 47, 52, 69, 71, 74, 76, 77, 80, 86, 96, 97, 100, 103, 106,
107, 109, 111, 121, 138, 146, 147, 150, 151, and 162.