V. Legal Framework and Analysis 100 By this standard, there are reasonable grounds to believe that the acts described above also constitute multiple commissions of prohibited acts. As highlighted above, the Commission and Fortify Rights documented thousands of instances of imprisonment, more than 100 murders during numerous boat trips from Myanmar and Bangladesh to Thailand and Malaysia, more than 700 murders on the Malaysia-Thailand border in the human-trafficking camps, and numerous instances of torture and rape. Directed Against Any Civilian Population The attack must also be “directed against any civilian population,” underscoring that crimes against humanity are committed against a collective of civilians rather than individuals.417 Under the crimes against humanity framework, a civilian population comprises all “persons who are civilians,” meaning that the nationality, ethnic group, or “any other distinguishing feature” is “immaterial.”418 Although the entire population in an area does not need to be targeted, civilians must be targeted in sufficient number or in such a manner to demonstrate that the attack was directed against the civilian population rather than “a limited group of randomly selected persons.”419 The targeted group for the trafficking network is Rohingya refugees fleeing Myanmar.420 Factors considered to determine whether an attack was primarily directed at civilians include the status of the victims, their number, the discriminatory nature of the attack, the nature of the crimes committed in its course, and the resistance to the assailants at the time. Where there is no armed conflict, civilians “includes all persons except those who have the duty to maintain public order and have the legitimate means to exercise force.”421 The Katanga tribunal stressed the civilian character of the population by highlighting that the village residents whom perpetrators killed “had no part in combat” and highlighted the status of the victims, which included “women, elderly people and children, together with babies.” 422 The court also stressed the number of confirmed civilian deaths as 33 deaths, 13 of whom were children.423 Similarly, Rohingya targeted by traffickers consisted of men, women, and children, who were shopkeepers, day laborers, fishermen, educators, and mothers before being trafficked.424 There is no evidence to indicate those being trafficked were members of any security or military force or 417 Rome Statute, art. 7(1); ICC, Elements of Crimes, art. 7. See also, Katanga, Case No. ICC-01/04-01/07, para. 1105; Kunarac, et. al., Case No. IT-96-23 and IT-96-23/1-A, Judgement (Appeal), June 12, 2001, para. 90. 418 Katanga, Case No. ICC-01/04-01/07, para. 1102. 419 Kunarac, et. al., Case No. IT-96-23 and IT-96-23/1-A, para. 90. 420 The documentation by the Commission and Fortify Rights focuses on abuses against Rohingya Muslims and does not comprehensively cover abuses experienced by Bangladeshi nationals at the hands of traffickers during the mass trafficking trade from Bangladesh to Thailand and Malaysia between 2012 and 2015. However, it is well documented that thousands of Bangladeshis were trafficked alongside Rohingya refugees and in increasing numbers by 2014 and 2015. Although there is no indication that traffickers treated Bangladeshis better or differently than Rohingya, further documentation is necessary to determine if the crimes committed against trafficked Rohingya were also committed against Bangladeshis. 421 Prosecutor v. Kayishema, Case No. ICTR-95-1-T, Judgment, May 21, 1999, para. 127. 422 Katanga, ICC, Case No. ICC-01/04-01/07, para. 1138. 423 Id. at para. 1137. 424 Fortify Rights, internal report on human trafficking case, testimony of Asi Sul Hug, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, May 11, 2016. Fortify Rights, internal report on human trafficking case, testimony of unnamed 26-year-old woman, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, April 27, 2016. Fortify Rights, internal report on human trafficking case, testimony of Ong Ong Wing, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, May 13, 2016. Fortify Rights internal report on human trafficking case, unnamed 25 year-old male, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, April 26, 2016. Fortify Rights interview with #122, Sittwe Township, Rakhine State, Myanmar, May 20, 2015.