A/HRC/RES/38/16
Recalling that, consistent with international humanitarian law and pursuant to
relevant Security Council resolutions, including resolutions 2165 (2014) of 14 July 2014
and 2401 (2018) of 24 February 2018, all Syrian parties to the conflict are to enable the
immediate and unhindered delivery of humanitarian assistance, and stressing that the
arbitrary denial of humanitarian access, depriving civilians of objects and assistance
indispensable to their survival, including wilfully impeding relief supplies, such as food aid
and life-saving medical supplies, may constitute a violation of international humanitarian
law,
Recalling also that deliberate attacks on civilians and civilian objects, such as
schools and educational facilities, cultural heritage and places of worship, as well as on
medical facilities, patients and personnel, may amount to war crimes,
Recalling further the statements made by the Secretary-General and the United
Nations High Commissioner for Human Rights that crimes against humanity and war
crimes are likely to have been committed in the Syrian Arab Republic,
Reaffirming that the use of chemical weapons constitutes a serious violation of
international law, reiterating that all those responsible for any use of chemical weapons
must be held accountable, and regretting that the mandate of the Organisation for the
Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism has not
been renewed,
Bearing in mind that the illicit transfer, destabilizing accumulation and misuse of
small arms and light weapons fuel conflict and affect negatively the enjoyment of human
rights,
Expressing its deepest concern at the findings of the Independent International
Commission of Inquiry on the Syrian Arab Republic, and deploring the lack of cooperation
by the Syrian authorities with the Commission of Inquiry,
Acknowledging the ongoing efforts of human rights defenders active in the Syrian
Arab Republic to document violations and abuses of international human rights law and
violations of international humanitarian law, despite grave risks,
1.
Deplores the fact that the conflict in the Syrian Arab Republic continues in
its eighth year with its devastating impact on the civilian population, and urges all parties to
the conflict to abstain immediately from any actions that may contribute to the further
deterioration of the human rights, security and humanitarian situations;
2.
Calls upon all parties to the conflict and Member States, especially members
of the International Syria Support Group, to make renewed efforts to create conditions,
including a comprehensive nationwide ceasefire, that support continued negotiations for a
political solution to the Syrian conflict, under the auspices of the United Nations Office at
Geneva, as only a durable political solution to the conflict can bring an end to the
systematic, widespread and gross violations and abuses of international human rights law
and violations of international humanitarian law;
3.
Welcomes the work and the important role played by the Independent
International Commission of Inquiry on the Syrian Arab Republic, established by the
Human Rights Council in its resolution S-17/1 of 23 August 2011, in supporting future
accountability efforts by investigating all alleged violations and abuses of international
human rights law since March 2011 in the Syrian Arab Republic, to establish the facts and
circumstances and to support efforts to ensure that all perpetrators of abuses and violations,
including those who may be responsible for crimes against humanity, are held accountable;
4.
Demands that the Syrian authorities cooperate fully with the Human Rights
Council and the Commission of Inquiry by granting the Commission immediate, full and
unfettered access throughout the Syrian Arab Republic;
5.
Strongly condemns all violations and abuses of international human rights
law and all violations of international humanitarian law committed by all parties to the
conflict, including the continued systematic, widespread and gross violations and abuses of
human rights and all violations of international humanitarian law by the Syrian authorities
and affiliated militias, including foreign terrorist fighters and those foreign organizations
2
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