A/HRC/22/59
III. Razing
15.
Instances of razing in urban locations in Syria were documented. Typically, after
shelling and bombarding an area, Government forces moved in with bulldozers and razed
hundreds of civilian homes in residential areas.
16.
One interviewee witnessed the destruction of what he estimates to be approximately
300 residential homes by explosives and bulldozers in Al-Tadamon in Damascus in early
August. A former resident of Al-Tadamon now internally displaced, described the events
beginning on 10 July. The neighbourhood was shelled, which caused the majority of the
population to flee. Around 24 July, Government forces entered Al-Tadamon and levelled
approximately 200 homes with bulldozers, among them the interviewee’s home and store.
Prior to leaving the Damascus area, the interviewee went back to Al-Tadamon to see the
neighbourhood. He described how his home and store, as well as all the other buildings on
his street, were “reduced to stones.” Satellite imagery shows the total or partial destruction
of an estimated 1,000 structures in Al-Tadamon (see Figure 1). Another neighbourhood
experiencing this phenomenon is Qaboon, north of Damascus.
17.
One interviewee, who witnessed the razing of residential homes in Al-Tadamon,
noted that the houses demolished were facing the Hajiz Nasreen checkpoint, which was on
the line between the city of Damascus and its suburbs. According to the interviewee, houses
were razed because anti-Government armed groups were using the residential homes to
attack the checkpoint. According to the interviewee, most of the houses were empty as
people had fled due to the prior shelling and bombardment of the neighbourhood.
18.
Analysed satellite imagery (see Figure 2) also shows the mass razing of residential
homes in Hey el Arbeen neighbourhood of Hama. According to reports and ancillary
imagery review, an 80-hectare area of Hama containing hundreds of residential structures
was razed within the first week of October. Sources described the Hama site as a launching
pad for anti-Government operations.
19.
The Government justified these demolitions as part a pre-existing urban plan to
remove illegal buildings. Media has reported that additional demolitions are planned.
Findings
20.
These events were analysed as attacks under the rubric of the law of armed conflict.
No violation was found to arise from within the information collected.
21.
With respect to the internally displaced persons who lived there, customary
international humanitarian law, obliges the parties to a conflict to prevent displacement
caused by their own acts. Further, under customary law, displaced persons have a right to
voluntary return in safety to their homes or places of habitual residence as soon as the
reasons for their displacement cease to exist.c In practical terms, this principle applies to all
refugees and displaced persons forcibly removed from or otherwise forced to flee their
“homes, lands, properties or places of habitual residence … regardless of the nature or
circumstances by which displacement originally occurred.”d Guiding human rights
principles on this issue take the position that war is not a justifiable ground upon which to
c
d
120
Rule 132. Return of Displaced Persons. ICRC Customary Law Study.
“Handbook on Housing and Property Restitution for Refugees and Displaced Persons Implementing
the ‘Pinheiro Principles’, March 2007, pg. 16–17
http://www.ohchr.org/Documents/Publications/pinheiro_principles.pdf.
GE.13-10627
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