A/HRC/21/50
the composition and functioning of such a court in Tal Rifat. Its members are apparently
educated and from diverse backgrounds. For example, some are lawyers, religious leaders
and others known for their integrity. The soldier had never heard of IHL and related his
view that, ―[IHL] is not better than Sharia law where everyone is punished for what he has
done by the same means, an eye for an eye‖.
51.
The commission has taken note of an increased use of IEDs by anti-Government
armed groups. Interviewees described how, in April 2012, they had put nails inside pipes
with explosive powder and a fuse. Others described the use of gas and fertilizer to create
homemade bombs. Information provided by the Government, but not corroborated by the
commission, indicated that some 1149 explosive devices have exploded or were dismantled
during between May and July 2012.
Legal conclusions
52.
The commission considered the corroborated evidence of killing hors de combat
Government soldiers and Shabbiha. In Qusayr, Bab Amr, Kaldiyeh and elsewhere the
commission noted that persons captured by the FSA on occasion faced a quasi-judicial
process prior to their execution. A consistent account of the trial process has not been
forthcoming, nor has information on the extent of adherence to fair trial standards.
Common Article three of the Geneva Conventions, recognized as customary IHL, prohibits
such executions unless the accused has been afforded ―all the judicial guarantees which are
recognized as indispensable by civilized peoples‖ These guarantees include, inter alia, the
presumption of innocence, an impartial tribunal, the ability to mount a defense and examine
opposing witnesses, and especially in capital cases, the ability to appeal the judgment.
Executing a prisoner without affording fundamental judicial guarantees is a war crime.
53.
The commission concluded that the information in its possession on executions
perpetrated by anti-Government armed groups — with or without a ―trial‖ — gave rise to
reasonable grounds to believe that the war crime of murder had been committed on multiple
occasions. The commission could not corroborate alleged attacks directed against
individual civilians not participating in hostilities or against a civilian population.
III. Unknown perpetrators
54.
The commission noted four incidents where attacks were committed by as yet
unknown perpetrators. They are as follows:
(i)
In the period leading up to this report, a series of attacks, primarily gunfire,
was directed at UN observers‘ convoys. On 12 June 2012, a convoy headed to AlHaffe was stopped by alleged pro-Government protestors and was later fired upon
by unknown gunmen. On 16 June 2012, UNSMIS stopped its patrols due to safety
concerns;
(ii)
Thirteen factory workers were killed on 31 May 2012 near the village of alBuwaida al-Sharqiya, between Qusayr and the city of Homs. The men were
allegedly taken by Shabbiha, who arrested, robbed and then killed them. A female
eyewitness was with them, but was set free;
(iii) UNSMIS confirmed on 30 May 2012 the discovery of 13 men‘s bodies near
the eastern city of Deir el-Zour. Their hands were tied behind their backs, and some
were shot in the head. The bodies were discovered by locals in the area of Assukar,
50km east of Deir el-Zour;
77
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