A/HRC/22/59
were destroyed. The house of the Danoun family was directly hit, killing 20 family
members.
21.
According to interviewees who were residents of Azaz and who witnessed the
bombardment on 15 August, the FSA had occupied two positions in Azaz, the former
prison building and the former office of the Ba’ath Party.
22.
According to UNITAR/UNOSAT, satellite imagery (see Figure 1), collected on 13
August and 17 August 2012, shows the likely location of a munitions impact (see Figure 2).
The imagery shows that the impacts caused the total destruction of at least six structures
and the partial destruction and serious damage of 5–10 additional proximate structures.
According to UNITAR/UNOSAT analysis, the pattern of destruction visible from satellite
imagery is consistent with reports indicating that one or more air dropped munitions
impacted the site. Further, UNITAR/UNOSAT identified imagery that shows a nearby
cemetery possibly with 20 bodies prepared for burial on 17 August 2012 (see Figure 3).
23.
Recorded accounts indicate that the town of Azaz was deliberately targeted in an
indiscriminate manner from the Rasm Al-Aboud base north of Aleppo, operated by the 24th
Division of the Syrian Air Force.
24.
There are reasonable grounds to believe that the attack on Azaz was indiscriminate.
In particular, the bombardment of the Danoun family home, which killed 20 members of
the family, is indicative of a failure to take precautions in attack and verify targets. As
recorded accounts indicate, the FSA had established itself in identifiable locations, which
could have been targeted without causing such excessive loss of civilian life. The intended
targeting of Azaz by the 24th Division of the Syrian Air Force without discriminating
between military and civilian targets is a gross violation of international humanitarian law.
Tal Rifaat
25.
Since Tal Rifaat came under FSA control in May 2012, the town has been shelled
and subjected to aerial bombardment on an almost daily basis from Menag military airport
approximately 5km north of Tal Rifaat. Since late July, Tal Rifaat has come under
increasing aerial bombardment from fighter jets.
26.
On 4 August, the house of the Elbaw family was hit around 6:00 by a “barrel bomb”
dropped from a fighter jet, killing seven persons, including women and children.
Information was collected from multiple individuals who helped those wounded in the
attack and collected the bodies of those killed. Consistent accounts emphasised the
devastation of the strike on the Elbaw family home. The individuals killed in the strike
were decapitated and had limbs severed; one interviewee said, “It was impossible to
recognise the bodies.” On 10 August, a fighter jet dropped a “barrel bomb” on a residential
house in Tal Rifaat, killing eight persons, among them an elderly man. The “barrel bomb”
also hit nearby houses, killing 16 persons, among them four children and five women.
These residential areas were all located near Al-Shaheed Mohamed Aboud School, which
the FSA had been using as accommodation.
27.
In late July and early August, the market place and commercial areas in Tal Rifaat
were also hit by rockets, killing civilians who were going about their daily activities.
28.
The commission was unable to ascertain whether the aerial bombardment of the
Elbaw family house was excessive in relation to the concrete and direct overall military
advantage of attacking the nearby school, which was used by the FSA, and is thus unable to
find sufficient grounds that the attack was disproportionate. The attacks on the market place
and commercial areas in Tal Rifaat, however, are in violation of the obligation to do
everything feasible to verify that targets are military in nature and distinguish civilian from
military objectives.
GE.13-10627
91
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