A/HRC/22/59
the crimes identified in the present report. Where possible, individuals in leadership
positions who may be responsible were identified alongside those who physically carried
out the acts. A list of individuals and units believed to be responsible will be conveyed by
the commission to the High Commissioner at the end of its mandate. Collected materials
may also be made available where consent and protection matters are properly addressed.
165. Possible accountability mechanisms invoking criminal prosecution are set out in
annex XIV to the present report, each of which bears its own strengths and weaknesses.
Truth commissions, forms of restorative justice, or other Syria-led processes could be
considered at a later stage.
166. The Government retains the primary role in this respect, but it has yet to demonstrate
the willingness or the ability to fulfil this imperative. In the absence of national action in
this regard, it is incumbent upon the Security Council, influential Member States and
regional organizations to act urgently to ensure accountability.
VI.
Conclusions and recommendations
167. The situation in the Syrian Arab Republic is deteriorating rapidly, with untold
suffering and widespread disarray among the population. There is an evident
escalation of the armed conflict between the Government and anti-Government armed
groups. This situation is aggravated by increased sectarianism.
168. Another key concern is the radicalization of the conflict owing to the growing
presence of foreign fighters. The conflict is becoming more militarized because of the
proliferation of weapons and types of weapons used (see annex XV). It is regrettably
the civilian population that suffers most.
169. The commission is especially aware of the need for a comprehensive framework
based upon humanitarian considerations for all parties. First, it is important to insist
that there is no military solution to the conflict. A sustained cessation of hostilities
remains of paramount importance to end the violence and gross human rights
violations and abuses.
170. Second, there is no alternative to a political solution. A key document that
would enable such a solution is the final communiqué of the Action Group for Syria of
June 2012 (A/66/865-S/2012/522). The commission reiterates that the best solution
continues to be a negotiated settlement involving an inclusive and meaningful dialogue
among all parties, leading to a political transition that reflects the legitimate
aspirations of all segments of Syrian society, including ethnic and religious minorities.
171. Third, the shared responsibility of the international community and the various
actors in the country should be underlined in the search for peace and the
commitment to international human rights and humanitarian law. This complements,
and is complemented by, the State’s responsibility to protect its population.
172. Fourth, the issue of accountability for those responsible for international
crimes deserves to be raised in a more robust manner to counter the pervasive sense of
impunity in the country.
173. Fifth, there is a need to ensure and enlarge the humanitarian space based upon
the principles of impartiality and neutrality in the country and in neighbouring
countries affected by the spillover of the conflict.
174. The commission renews the recommendations made in previous reports, in
particular those set out below.
24
GE.13-10627
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