99
murder, torture, rape, imprisonment, and enslavement in human-trafficking camps along the
Malaysia-Thailand border.409
Traffickers targeted or, in some cases, abducted for profit Rohingya men, women, and children who
were largely fleeing dire situations in Myanmar. Specifically, numerous witnesses reported fleeing
internment camps in Myanmar, refugee camps in Bangladesh, and abuses by Myanmar security
forces.410 Rohingya witnesses also described being abducted and forcibly put on ships by Myanmarbased traffickers.411
The perpetrators were not random individuals, but rather operated as links in a chain of a
criminal syndicate, from onshore trafficking recruiters in Myanmar and Bangladesh to shipboard
traffickers to guards in human-trafficking camps located along the Thailand-Malaysia border to
syndicate leaders. For example, according to testimony from one police commander, the trafficking
organization included a “Source Group” responsible for trafficking at sea, a “Midway Group” that
took individuals from ships for onward trafficking, and a third group called the “Destination Group,”
which sent trafficked persons overland to different locations along the Thailand-Malaysia border,
including to Padang Besar in Perlis State, Malaysia.412
These linked events must involve “multiple commissions” of prohibited acts as enumerated by
Article 7(1) of the Rome Statute. The Bemba tribunal determined that this “indicates a quantitative
threshold requiring ‘more than a few’
, ‘several’ or ‘many’ acts.”413 However, the tribunal also found
that the “number of the individual types of acts . . . [is] irrelevant provided that each of the acts fall
within the course of conduct and cumulatively satisfy the required quantitative threshold.”414
In finding that multiple prohibited attacks occurred against the Hema ethnic group in Bogoro,
Democratic Republic of Congo, the Katanga tribunal stressed that combatants “intentionally caused
the death of numerous civilians” and that the multiple commission threshold was met “even though
the only definitive breakdown of the death toll [established] was 33 civilian deaths.” 415 Moreover,
in Kupreskic, the tribunal found the killing of 116 women and children, wounding of 24 people, and
destruction of 169 houses and two mosques constituted multiple commissions of prohibited acts.416
409 See, for example, Fortify Rights interview with #69, Penang State, Malaysia, October 1, 2014; Fortify Rights interview
with #17, Pahang State, Malaysia, August 13, 2014. See, for example, The Commission interviews with W6 (“[Witness
W6] saw an estimated 200 people die in Wang Kelian due to starvation, injuries from beatings, and untreated illness”);
Fortify Rights interview with #04, Kuala Lumpur, Malaysia, August 10, 2014; Fortify Rights interview with #79, Kuala
Lumpur, Malaysia, September 28, 2014; Fortify Rights interview with #43, Songkhla Province, Thailand, September
17, 2014. See, for example, Fortify Rights interview with #26, Songkhla, Thailand, October 6, 2013, Fortify Rights
interview with #19, Pahang State, Malaysia, August 13, 2014. See, for example, Fortify Rights interview with #23, Johor
State, Malaysia, August 15, 2015. Fortify Rights interview with #55, Kuala Lumpur, Malaysia, September 27, 2014.
410 See, for example, Fortify Rights interview with #78, Kuala Lumpur, Malaysia, September 28, 2014; Fortify Rights
interview with #49, Bangkok, Thailand, September 23, 2014; Fortify Rights interview with #75, Kuala Lumpur,
Malaysia, September 27, 2014. See, for example, Fortify Rights interview with #11, Kuala Lumpur, Malaysia, August 12,
2014. Fortify Rights interview with #04, Kuala Lumpur, Malaysia, August 10, 2014; Fortify Rights interview with #81,
Penang State, Malaysia, September 15, 2014; Fortify Rights interview with #6, Kuala Lumpur, Malaysia, August 11,
2014; Fortify Rights interview with #82, Kuala Lumpur, Malaysia, September 16, 2014.
411 See, for example, Fortify Rights interview with #121, Sittwe Township, Rakhine State, Myanmar, May 26, 2015;
Fortify Rights interview with #119, Rakhine State, Myanmar, May 20, 2015. See, for example, The Commission interview
with W9; Fortify Rights, internal report on human trafficking case, testimony of 14-year-old boy [name redacted],
trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, Thailand, May 12, 2016.
412 Fortify Rights internal report on human trafficking case, testimony of Pol. Lt. Col. from Nakhon Sri Thammarat
Immigration Office, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok,
Thailand, June 22, 2016.
413 Bemba, Case No. ICC-01/05-01/08, para. 150.
414 Ibid.
415 Katanga, Case No. ICC-01/04-01/07, para. 1137.
416 Prosecutor v. Kupreskic, ICTY, Case No. IT-95-16-T, Judgment, January 14, 2000, para. 749.