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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