Effective action to be taken against terrorists so-called KNPP and PDF under existing laws as they violate provisions of Counter-terrorism Law, Penal Code and international laws
NAY PYI TAW October 3
The XY-AML, an ATR-72(600) aircraft, operated by Myanmar National Airlines carrying 63 passengers on board was approaching Loikaw Airport in its normal landing process at 8.45 am on 30 September when terrorists so-called the KNPP and the PDF fired a shot at it with a weapon (still under scrutiny) inhumanly and wickedly, ripping a hole in the left side of its fuselage and inflicting gunshot wounds on the right cheek of a passenger aboard.
In the incident, terrorists socalled the KNPP and the PDF committed gross violation of existing laws but it was found that they were trying to cover up their crimes by issuing fabricated statements on social media. Despite their fabrications, evidence showed that terrorists so-called the KNPP, the PDF and organizations linked to them issued statements on 3 December 2021 and made direct threats to domestic flights.
Section 9 of the Counter-Terrorism Law stipulates that whoever commits unlawfully and intentionally any of the following acts in aircraft in service, amounts to an offence against the safety of civil aviation: an act of violence against any person on board an aircraft an service to endanger the safety of the aircraft; (or ) destroying jeopardizing an aircraft in service or placing or causing to place on an aircraft any device or substance which is likely to destroy the aircraft to damage or to be incapable of the flight the aircraft or to endanger the aircraft in service; (or) destroying or damaging air navigation facility systems and communication equipment or interfering its directing operation to endanger the safety of an aircraft in flight; (or) communicating knowingly false information to endanger the safety of flight.
Under Section 49 of the Counter- terrorism law, it is stipulated that whoever commits any acts that amount to an unlawful act with the intent against the safety of civil aviation contained in section 9 shall, on conviction, be punished with imprisonment for a term from a minimum of 10 years to a maximum of imprisonment for life or death sentence and that whoever commits violence which causes serious injury to any person or persons shall, on conviction, be punished with imprisonment for a term from a minimum of 10 years to a maximum of imprisonment for life or death sentence. Moreover, under the penal code, one of the existing laws of Myanmar, it is stipulated that whoever causes death or injury or damages or destroys property shall be punished depending on the seriousness of the crime committed.
Therefore, it was found that firing a shot at the aircraft in service and inflicting gunshot wounds on the face of the passenger by the terrorists socalled the KNPP and the PDF violated Section 9, Section 49 and Section 54 of the Counterterrorism Law.
The terrorist attack against civilian targets and civilians that have nothing to do with military targets by terrorists so-called the KNPP and the PDF violated the Geneva Convention and amounted to war crime under international laws.
The Law of Armed Conflicts or the International Humanitarian Law, which were adopted based on Four Geneva Conventions, prohibits attacking civilian or civilian objects in any armed conflicts (other than international armed conflicts/international conflicts.)
The Customary International Humanitarian Law stipulates in its rule (1) that the parties to the conflict must at all times distinguish between civilians and combatants, attacks may only be directed against combatants and attack must not be directed against civilians, in rule (2) that acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited, in rule (7) that the parties to the conflict must at all times distinguish between civilian objects and military objectives, attacks may only be directed against military objectives and attack must not be directed against civilian objects and in rule (11) indiscriminate attacks are prohobited in international/ non-international conflicts.
The attack of terrorists socalled the KNPP and the PDF on a civilian plane, property and civilian amounted to serious violation of the Counter-Terrorism Law, provisions of the Penal Code, the Law of Armed Conflict or the International Humanitarian Law, which was adopted based on Four Geneva Conventions and necessary measures will be taken to take effective action against violators under existing laws of the country.
State Administration Council
Information Team