A/HRC/45/31
Hellenistic archaeological site of Cyrrhus as well as the Ain Dara temple, protected by the
United Nations Educational, Scientific and Cultural Organization (UNESCO). 58 Satellite
imagery showed that both sites had likely been bulldozed between 2019 and 2020 (see
annex II).
64.
In April 2020, several Yazidi shrines and graveyards were deliberately looted and
partially destroyed across locations throughout the Afrin region, such as Qastel Jindo,
Qibar, Jindayris and Sharran, further challenging the precarious existence of the Yazidi
community as a religious minority in Syrian National Army-controlled regions, 59 and
impacting both the tangible and intangible aspects of their cultural heritage, including
traditional practices and rites.60
Findings
65.
The Commission has reasonable grounds to believe that Syrian National Army
fighters, in particular members of Division 14, Brigade 142 (the Suleiman Shah Brigade),
Division 22 (the Hamza Brigade) and Division 24 (the Sultan Murad Brigade), repeatedly
perpetrated the war crime of pillage in both the Afrin and Ra’s al-Ayn regions (see paras.
47–51 and 64 above) and may also be responsible for the war crime of destroying or seizing
the property of an adversary.61
66.
The Commission also has reasonable grounds to believe that Syrian National Army
members committed the war crimes of hostage-taking (see para. 55 above), cruel treatment
and torture (see para. 54 above),62 and rape,63 which may also amount to torture64 (see para.
60 above). Syrian National Army members also looted and destroyed cultural property, in
violation of international humanitarian law (see paras. 63–64 above).65
67.
In addition, the Commission notes that, in areas under effective Turkish control,
Turkey carries a responsibility to, as far as possible, ensure public order and safety, and to
afford special protection to women and children. 66 Turkey remains bound by applicable
human rights treaty obligations vis-à-vis all individuals present in such territories.67
68.
In this regard, the Commission notes the allegations that Turkish forces were aware
of incidents of looting and appropriation of civilian property and that they were present in
detention facilities run by the Syrian National Army where the ill-treatment of detainees
was rampant, including during interrogation sessions when torture took place. In failing to
intervene in both cases, Turkish forces may have violated the above-mentioned obligations
of Turkey.
69.
The Commission further notes that transfers of Syrians detained by the Syrian
National Army to Turkish territory may amount to the war crime of unlawful deportation of
protected persons (see para. 57 above). 68 Such transfers provide further indication of
collaboration and joint operations between Turkey and the Syrian National Army for the
purpose of detention and intelligence-gathering. The Commission continues to investigate
the precise extent to which various Syrian National Army brigades and Turkish forces have
formed a joint command and control hierarchy and notes that, if any armed group members
58
59
60
61
62
63
64
65
66
67
68
14
The Commission has previously documented that the Ain Dara temple was damaged on 21 January
2018; see A/HRC/39/65, para. 19.
A/HRC/42/51, para. 88.
Convention for the Safeguarding of the Intangible Cultural Heritage, art. 1.
International Committee of the Red Cross (ICRC) rules 52 and 156.
ICRC rules 90, 96 and 156.
ICRC rules 93 and 156.
See, for example, International Tribunal for the Former Yugoslavia, Prosecutor v. Kunarac, Kovač
and Vuković, IT-96-23 and IT-96-23/1-A, judgment of 12 June 2002, para. 150.
ICRC rule 40.
See A/HRC/34/CRP.3, para. 103, available from
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session34/Pages/ListReports.aspx.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, paras. 107–113; and see European Court of Human Rights, Al-Skeini
and others v. United Kingdom (application no. 55721/07), judgment of 7 July 2011, paras. 138–149.
Geneva Convention relative to the Protection of Civilian Persons in Time of War, art. 147.
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