A/HRC/21/50 F. Indiscriminate attacks 90. To comply with international humanitarian law, those ordering and carrying out attacks must ensure that they distinguish between civilian and military targets.20 Accounts indicated that Government forces on occasion directed shelling to target small opposition strongholds. In many attacks, however, those firing projectiles did not distinguish between civilian and military targets. In most of the cases investigated, shelling preceded an assault by ground forces; it was also used against demonstrations. In some cases, it was used against anti-Government armed groups where the military was unwilling to risk equipment and troops. 91. Most deaths in Bab Amr during the military operation that began in February 2012 were caused by extensive and indiscriminate shelling by Government forces of primarily civilian infrastructure and residential areas. The city of Al Qusayr suffered indiscriminate attacks between February and May; one credible source told the commission, ―I witnessed what people call indiscriminate shelling – the Syrian army just spreads mortar fire across an entire neighbourhood.‖ On 5 June, Government forces began an assault on Al Haffe by cordoning off the town and then shelling with tanks, mortars and helicopter gunships. 92. Additional corroborated accounts of indiscriminate shelling were recorded in Atarib, on 14 February; Ain Larouz, on 5 March; Sermin, on 22 March; Taftanaz, on 4 April; Kili, on 6 April; Al-Houla, on 25 May, and 12 and 13 June; Akko, on 9 June; Salma, on 11 June; and Jobar, on various dates in late June. 93. The commission took note of video evidence from Hama governorate in July indicating the use of cluster munitions. The material could not be corroborated. Although the Syrian Arab Republic is not a party to the Convention on Cluster Munitions, the commission notes that such weapons are inherently indiscriminate when employed in residential areas or areas frequented by civilians. 94. On the basis of its findings, the commission determined that the legal threshold for an indiscriminate attack as a violation of customary international humanitarian law was reached. Government forces fired shells into areas inhabited by civilians while failing to direct them at a specific military objective. 95. Moreover, the attacks, especially shelling, caused incidental loss of civilian life and injury to civilians, as well as damage to civilian objects. There are reasonable grounds to believe that the damage was excessive when compared to the anticipated military advantage. Sexual violence21 G. 96. Forty-three interviews were conducted on incidents of sexual violence, against men, women and children, committed by Government forces and the Shabbiha since February 2012. Interviewees included two female and three male victims of rape. Also interviewed were five eyewitnesses of rape, three of whom were also victims. Seven interviewees were defectors who stated that rape and sexual assault had been committed by soldiers and the Shabbiha. 97. There were difficulties in collecting evidence of sexual violence owing to cultural, social and religious beliefs surrounding marriage and sexuality. 20 21 See annex II, paras. 30–42. See also annex IX. 17