A/HRC/21/50
Shabbiha members acted with the acquiescence of, in concert with or at the behest of
Government forces. International human rights law recognizes the responsibility of States
that commit violations through proxies.
B.
Responsibility of anti-Government armed groups
134. Although not a State party to the Geneva Conventions, organized armed groups
must nevertheless abide by the principles of international humanitarian law.26 During noninternational armed conflicts, serious violations of international humanitarian law
committed by members of such groups are prosecutable as war crimes. Non-State actors
may also bear responsibility for gross abuses of human rights, in particular those that
amount to international crimes.27 The commission identified such violations, including
murder, extrajudicial execution and torture, perpetrated by members of anti-Government
groups.
C.
Individual responsibility
135. Whether members of Government forces or anti-Government groups, those who
intentionally commit the crimes identified in the present report bear responsibility. In
addition, those who order these crimes to be committed (or plan, instigate, incite, aid or
abet) are also liable. The commission received consistent evidence that mid- and highranking members of Government forces were directly involved in illegal acts. Defectors
stated that commanders ordered their subordinates to shoot civilians and hors de combat
fighters, and to torture and mistreat detainees. Orders were often enforced at gunpoint, and
anyone hesitating to comply risked arrest or summary execution. Evidence showed that
widespread looting and destruction of property occurred with the acquiescence of
commanders.
136. Leadership within anti-Government armed groups was also implicated in the war
crimes and human rights abuses detailed in the present report. Local commanders either
ordered the execution of captured members of Government forces and the Shabbiha or
killed them themselves.
D.
Command responsibility
137. Military commanders and civilian superiors bear responsibility for crimes against
humanity and war crimes if they fail to take reasonable measures within their power to
prevent or repress the commission of these crimes or to submit the matter to the competent
authorities. These measures must be implemented with respect to subordinates over whom
they exercise effective command and control.
138. Extensive coverage of events, including the likely occurrence of violations and
crimes, led the commission to conclude that military commanders and civilian superiors at
the highest levels of Government must have known about such events.
139. The same applied to abuses and crimes committed by anti-Government armed
groups. Local-level commanders acknowledged some of the acts described in interviews.
26
27
22
See annex II, paras. 11–13.
See annex II, paras. 8–10.
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