A/HRC/40/70 I. Mandate and methodology 1. In the present report, submitted to the Human Rights Council pursuant to Council resolution 34/26, the Independent International Commission of Inquiry on the Syrian Arab Republic presents its findings based on investigations conducted from 11 July 2018 to 10 January 2019.1 The methodology employed by the Commission was based on best practices of commissions of inquiry and fact-finding missions. 2. The information contained herein is based on 271 interviews conducted in the region and from Geneva. The Commission collected, reviewed and analysed satellite imagery, photographs, videos and medical records. Communications from Governments and nongovernmental organizations were taken into consideration, as were United Nations reports. 3. The standard of proof was considered met when the Commission obtained and corroborated a reliable body of information sufficient to conclude that there were reasonable grounds to believe the incidents occurred as described and that violations were committed by the warring party identified. The Commission’s investigations remain curtailed by the denial of access to the Syrian Arab Republic. Protection concerns in relation to interviewees further affected the Commission’s inquiry. In all cases, the Commission remained guided by the principle of “do no harm”. II. Introductory remarks 4. Extensive military gains made by pro-government forces throughout the first half of 2018 coupled with the agreement to establish a demilitarized zone in the north-west (see paras. 14–15 below) led to a marked decrease in violence during the latter half of the reporting period. Pro-government forces 2 carried out a number of attacks against the demilitarized zone in November, however, which killed and injured numerous civilians, including women and children. The security situation in the north-west also remained critical due to infighting between Hay’at Tahrir al-Sham (Levant Liberation Organization)3 terrorists and armed groups. While the Commission welcomes the demilitarization agreement, it remains concerned over the impact of continued hostilities on civilians. Elsewhere, including in the eastern part of the country, the Syrian Democratic Forces (SDF) and the international coalition4 continue to carry out attacks with devastating consequences. 5. For over seven years, the Commission has meticulously documented the flagrant abuse of military power displayed by all parties to the conflict. All territorial gains resulting from these clashes have come at a severe cost in terms of civilian lives and livelihoods, including due to unlawful siege warfare.5 At the same time, the situation for hundreds of thousands of Syrian women, men and children remains precarious, even in areas where hostilities have abated. 6. In the aftermath of bombardments, civilians in both the demilitarized zone and areas recently retaken by pro-government forces have been suffering the entrenched effects of a 1 2 3 4 5 The commissioners are Paulo Sérgio Pinheiro (Chair), Karen Koning AbuZayd and Hanny Megally. In instances where it was not clear whether it was the Syrian air force or Russian Aerospace Defence Forces that was responsible for a specific attack, responsibility has been attributed to pro-government forces. The Commission continues to regard the group as a terrorist entity, as designated by the Security Council in its resolution 2170 (2014) and subsequent entries on its sanctions lists (available from www.un.org/press/en/2018/sc13365.doc.htm). Hay’at Tahrir al-Sham currently comprises Jabhat Fatah al-Sham (also known as Jabhat al-Nusra and previously as the Al Nusrah Front), Ansar al-Sham and Ajnad al-Sham, among others. Its estimated military strength is 10,000 to 12,000 fighters. Since 2014, an international coalition of more than 60 countries joined together to combat Islamic State in Iraq and the Levant through a variety of means, including air strikes. “The siege and recapture of eastern Ghouta”, conference room paper (A/HRC/38/CRP.3), paras. 75– 77. Available from www.ohchr.org/en/hrbodies/hrc/iicisyria/pages/independentinternational commission.aspx. 3