A/HRC/28/69
atrocities. As a direct consequence of the conduct of warring parties, humanitarian space
continues to shrink markedly, amplifying the human cost of the conflict.
88.
Persons deprived of their freedom, particularly those detained in connection with the
unrest and armed conflict, are rarely informed of the charges against them, have no access
to fair and impartial tribunals, to effective remedy or to due process protections overall.
Impartial humanitarian actors are not granted access to the vast majority of detention
facilities operated by the Government or non-State armed groups.
89.
Civilians and others who are not, or who are no longer, taking part in a conflict or
other situations of violence, in particular persons or groups exposed to specific risks, such
as children, women, the elderly, persons with disabilities, and the displaced, similarly have
few protections in the Syrian Arab Republic.
90.
With access to many parts of the country severely restricted, international
humanitarian agencies are unable to carry out protection visits to detention facilities or
conduct needs assessments in areas hosting large numbers of internally displaced persons.
91.
The government authorities, who are implicated in the commission of gross
violations and continue to perpetrate crimes pursuant to State policy, have demonstrated
their resolve in refusing to engage with impartial humanitarian actors. Legislation adopted
since the start of the crisis in the Syrian Arab Republic has criminalized essential
humanitarian activities, including the impartial provision of medical care. Attacks on
humanitarian aid workers and the detention of human rights defenders has drastically
hampered efforts by actors seeking to alleviate the suffering of victims of the conflict and
those working to protect civilians. Siege warfare and denial of humanitarian access has
made basic protection efforts in many areas virtually impossible.
92.
None of the armed actors has made any apparent effort to review its targeting
practices in order to reduce or prevent civilian casualties. The parties continue to conduct
hostilities in an indiscriminate, often disproportionate and unlawful manner. They take few
precautions and do not appear to take remedial action to reduce civilian casualties,
including independent investigations into incidents resulting in civilian casualties.
93.
Non-State armed groups have fragmented, making sustained coordination and
advocacy on civilian protection measures difficult. Without known and trusted
interlocutors, humanitarian actors have not been able to maintain adequate channels to carry
out meaningful dialogue on civilian protection measures. As a result, persons deprived of
their liberty and persons in need of medical care, humanitarian and food assistance have
few protections. The spread of ISIS and the escalation of hostilities have resulted in the
cessation of all humanitarian aid deliveries to areas under their control.
94.
The body of evidence collected by the Commission unequivocally demonstrates the
belligerent parties’ disregard for human life and protections accorded to civilians. Increased
civilian protection must be a central pillar of any political, humanitarian or diplomatic
dialogue with the warring parties, aiming to increase the humanitarian space within the
Syrian Arab Republic. Beyond the borders of the Syrian Arab Republic, concerted
international action is urgently needed to address the humanitarian protection needs of the
refugee population in the region.
III. Accountability
95.
The armed conflict has been characterized by massive, recurrent violations of human
rights and international humanitarian law that demand urgent international and national
action. This was recognized by the Security Council in its resolution 2139 (2014), in which
the Council stressed the need to end impunity and reaffirmed the need to bring perpetrators
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