A/HRC/22/59
Hama governorate
25.
The commission has received accounts of the Syrian Army occupying and using the
National Hospital in Halfaya, Hama, as a military base and thus rendering it a military
objective.
Homs governorate
26.
On 24 July, a field hospital in Talbiseh was shelled, injuring eight civilians.
Findings
27.
Field hospitals, as medical units, are afforded special protection under international
humanitarian law, be they military or civilian, fixed or mobile, permanent or temporary, as
long as they are organised and utilised for medical purposes. According to applicable
customary international humanitarian law, the protection from attack accorded to medical
units and hospitals, shall not cease unless they are used to commit hostile acts, outside their
humanitarian function, and only after a warning has been given and after the warning has
remained unheeded for a reasonable time. The presence of soldiers or fighters solely for the
protection of the hospital or for the maintenance of order does not alter the hospital or
medical unit’s protected status. It remains a civilian object; not a military one.
28.
The first-hand account of the physician tortured and charged with providing medical
assistance denotes a serious violation of international humanitarian law. Punishing a person
for performing medical duties is prohibited.
29.
Hospitals and medical units have been deliberately targeted by Government forces to
gain military advantage by depriving anti-Government armed groups and those perceived to
support them of medical assistance for sustained injuries. There are also reasonable grounds
to believe that Government forces have committed the war crime of attacking protected
objectsb and the war crime of attacking objects or persons using the distinctive emblems of
the Geneva Conventions.c Certain attacks, such as those on Dar Al-Shifa hospital in
Aleppo, appear to have been intended to terrorise a local population by targeting a
prominent protected facility. As military operations are increasingly carried out in densely
populated, urban areas, hospitals and medical units may have been hit by missiles or
mortars that may have been aimed at nearby military targets.
B.
Anti-Government armed groups
Damascus governorate
30.
The commission recorded a car bomb explosion outside of a hospital in Al-Wahdeh
neighbourhood in Jaramana, Damascus governorate on 28 August. While the perpetrator is
unknown, vehicle-borne improvised explosive devices have characterised anti-Government
armed group conduct. Investigation into the incident is on-going.
Homs governorate
31.
A young fighter relayed how an anti-Government armed group attacked a
checkpoint outside the National Military Hospital in Jurat Al-Shayyah in western Homs in
September. After gaining control of the checkpoint, the interviewee described how fighters
b
c
GE.13-10627
Article 8(2)(e)(iv), Rome Statute.
Article 8(2)(e)(ii), Rome Statute.
113
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