A/HRC/21/50 Annex V [English only] Unlawful killing 1. The commission conducted more than 300 interviews relating to the unlawful killing of civilians and hors de combat fighters in more than 30 separate incidents. The bulk of the interviews — 285 — related to killings perpetrated by Government forces and Shabbiha. These killings occurred in the contexts set out below. The frequency of such violations has increased considerably during the reporting period. Concerning anti-Government armed groups, 15 interviewees provided information on the unlawful killing of captured members of Government forces and Shabbiha. 2. Under IHRL Government forces may take the life of a citizen only when doing so is both necessary and proportionate. a It is manifestly illegal to kill a person that has been arrested or disarmed and thus poses no threat.b When the threshold of armed conflict is reached in a country and IHL is in effect, the applicable rules differ to a degree,c but the underlying principles remain. Purposefully killing a civilian d or hors de combat fighter,e without first affording them a judicial process meeting international standards is a war crime. I. Government forces and Shabbiha 3. Many forms of unlawful killing took place in the context of attacks against antiGovernment armed group strongholds. The most prominent pattern began with a blockade, then shelling, use of snipers, and an assault by ground forces including Shabbiha followed by house searches. Defectors, activists or fighting aged men were systematically sought out during these operations. Wounded or captured Anti-Government fighters (i.e. hors de combat) were executed. In some cases, family members of fighters, defectors and activists as well as others who appeared to be randomly selected, were also executed. 4. Snipers regularly accompanied attacking forces during ground assaults and were responsible for a significant number of the civilian deaths. The commission recorded 35 instances of civilians shot by sniper fire over the reporting period.f 5. The following cases are emblematic of this pattern. Updates on previously reported incidents are also included below. a b c d e f See annex II, paras. 30–42. The only exception to this proscription is when the person has been sentenced to death by a lawfully constituted tribunal that provided all fundamental judicial guarantees. See annex II. Use of the terms ‗civilians‘ in this section refers to those not taking direct part in hostilities. See ICRC Study, Rule 6. Much like in IHRL, the principle of proportionality is in effect during armed conflict. It prohibits the incidental deaths of civilians that are excessive in relation to the concrete and direct military advantage anticipated. See annex I (Applicable law). See also ICRC Study, Rule 14. Dozens of interviewees described the detrimental psychological and social effects of the presences of snipers in the neighbourhood. People feared leaving their houses, but when shelling started they feared staying home. Routine tasks such as shopping, going to work or playing outside became life threatening. 69