V. Legal Framework and Analysis 110 and were conducted over a period of more than nine months.505 In Katanga, the court found that the attacks were widespread in part because they “cost around 200 civilian lives.”506 The acts against the trafficked men, women, and children described in this report were committed “on a large scale” and targeted a large number of individuals. The U.N. reports that more than 170,000 people traveled by sea from the Myanmar and Bangladesh to Thailand and Malaysia from 2012 to 2015.507 In 2014 and early 2015, Fortify Rights estimates that traffickers were holding several thousand individuals in deplorable conditions on human-trafficking ships at sea and in humantrafficking camps on the Malaysia-Thailand border at any given time.508 Witnesses also described traffickers confining 700 to 900 people to camps and committing abuses against their captives.509 Survivors interviewed by Fortify Rights reported witnessing more than 700 murders in humantrafficking camps on the Malaysia-Thailand border from 2012 to 2015.510 The attacks also were conducted over a large geographic area. Forcible transfers and imprisonment occurred in Myanmar with abductions of trafficking victims; murder, torture, enslavement, imprisonment, and rape at sea; and further murder, torture, enslavement, imprisonment, rape, and extermination at camps along the Malaysia-Thailand border.511 The attacks also took place over multiple years and occurred with regularity. Survivors interviewed by the Commission and Fortify Rights described experiencing and witnessing prohibited acts in the period stretching from 2012 through 2015. Thus, there are reasonable grounds to believe that the attacks against the trafficked persons were widespread. Systematic The ICC has held that “systematic” refers to the “organized nature of the acts of violence and the improbability of their random occurrence.”512 When determining whether an attack is “systematic,” international tribunals consider the “pattern of crimes” and the “non-accidental repetition of similar criminal conduct on a regular basis.”513 In Ntaganda, the tribunal found that the attacks, which included killings, arbitrary arrests, rapes, and forceful expulsion of non-Hema civilians from their homes, were systematic as they “followed a recurrent modus operandi.”514 The court based its finding on the perpetrators’ “regular erection of roadblocks, the laying of land mines, and the 505 Prosecutor v. Ntaganda, ICC, ICC-01/04-02/-6, Decision, June 9, 2014, para. 24. 506 Katanga, Case No. ICC-01/04-01/07, para. 1127. 507 United Nations Office on Drugs and Crime, Global Study on Smuggling of Migrants, 2018, p. 128, https://www.unodc.org/ documents/data-and-analysis/glosom/GLOSOM_2018_Asia_web_small.pdf (accessed March 25, 2019). 508 Fortify Rights interviewed multiple trafficking victims who reported being confined to camps with approximately “900” , “800” , “700” other victims. See, Fortify Rights interviews with eyewitnesses and survivors, 2013-2015. See also, the Commission interviews with eyewitnesses and survivors, 2017. In May 2015, there were an estimated 5,000 to 6,000 Rohingya on ships in the Bay of Bengal awaiting disembarkation. UNHCR Regional Office for Southeast Asia, “Mixed Maritime Movements in Southeast Asia.” 509 Fortify Rights interview with #17 and #19, Pahang State, Malaysia, August 13, 2014. Fortify Rights interview with #55, Kuala Lumpur, Malaysia, September 27, 2014. 510 See, Chapter I. Section, “Killings, Deaths from Deprivations, and Suicides;” Chapter II. Section, “Killings and Preventable Deaths.” 511 See, Chapter V. Section, “Prohibited Acts of Crimes Against Humanity;” Chapter V. Section, “The Contextual Element of Crimes.” 512 Katanga, Case No. ICC-01/04-01/07, para. 1123 (citing Prosecutor v. Ahmad Muhammad Harun and Ali Muhammad Ali AbdAl-Rahman, ICC, ICC- 02/05-01/07-1-Corr, Decision (Pre-Trial), April 27, 2007, para. 62. 513 Id. at para. 1123. 514 Id. at para. 1124.