A/HRC/37/72
66.
Across Raqqah, Dayr al-Zawr, and Hamah governorates, ISIL detained civilians
accused of violating its rules or suspected of cooperating with enemy forces, members of
minority religious groups, journalists and activists accused of reporting on alleged
violations committed by the group. In late July 2017, ISIL arrested and beat a young man in
southern Dayr al-Zawr governorate for possessing Internet cables, accusing him of assisting
Government forces. In another incident, in mid-October, the group arrested some 40
members of the Druze community in Hamah countryside thereby continuing its practice of
arbitrarily detaining religious minorities.
67.
Some anti-Government armed groups used makeshift detention sites in areas under
their control to hold civilians. For example, on 1 November 2017, Nour al-Din al-Zenki
detained three civilians, including a member of the Free Education Directorate, in Darat
Izza (Aleppo). The arrests took place during clashes with Hay’at Tahrir al-Sham in Aleppo
governorate. During a month of detention, at least two of the detainees were beaten, kept in
solitary confinement and forced to fingerprint a confession. Two of the detainees were
released after being brought before a “military” judge of the armed group.
68.
During the course of operations in Raqqah and Dayr al-Zawr, Syrian Democratic
Forces claimed that they had detained 1,397 “terrorist” fighters, the majority of whom are
or were ISIL members, including hundreds of foreign fighters from as many as 30
countries.19 Women and children associated with ISIL were also being held. While Syrian
Democratic Forces had indicated that it was seeking to return foreign fighters, spouses and
children to their countries of origin, they reported that States had thus far declined to
repatriate their nationals, which left them in legal and administrative limbo. Syrian
nationals held as ISIL fighters will reportedly be “judged” by “courts” affiliated with Syrian
Democratic Forces.
69.
International human rights law and humanitarian law impose clear obligations on
States and all parties to non-international conflicts regarding the treatment and protection of
persons in their custody. Regardless of the lawfulness of their detention, detainees are
entitled to conditions of detention that respect their inherent dignity under article 3 that is
common to the four Geneva Conventions as well as customary international humanitarian
law.
VIII. Life under siege
70.
Over the past five years, the use of siege warfare has affected civilians more than
any other tactic employed by the warring parties, and is consistently characterized by denial
of the rights to freedom of movement, food, water, education, health care and the right to
life. The most devastating of the sieges was that of eastern Aleppo that was laid by proGovernment forces between July and December 2016.20 Close to 420,000 Syrian civilians
remain confined in besieged locations and 90 per cent of them now subsist in dire
circumstances in eastern Ghutah (Rif Damascus). An additional 2.9 million Syrians live in
areas that are hard to reach by humanitarian actors. Pro-Government forces, armed groups
and terrorist organizations have routinely denied the delivery of vital foodstuffs, health
items, and other essential supplies to besieged civilian populations in an effort to compel
the surrender of armed groups governing them. As noted by the Commission21 in January
2016, Government forces used starvation as a method of warfare in the siege of Madaya
(Rif Damascus), which constitutes a war crime. 22 Starvation has led to severe acute
malnutrition and has had a disparate impact on expectant mothers and children.
Malnutrition is exacerbated by the routine denial of medical evacuations.
19
20
21
22
See People’s Defense Units, “2017 Balance sheet of war — Syrian Democratic Forces”, press release,
3 January 2018, available at www.ypgrojava.org/2017-Balance-Sheet-of-War-%E2%80%93-SyrianDemocratic-Forces.
See A/HRC/34/64.
See A/HRC/31/68, para. 120.
See International Committee of the Red Cross, rule 156.
15
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