A/HRC/44/61
situations, including in the Atma and Batabo camps in Idlib. At Batabo camp, close to Atarib,
residents reported that the camp was often flooded and lacking basic services, such as hygiene
facilities and a sewage system.
69.
This was all concurrent with the emergence of COVID-19 around the world and in
the Syrian Arab Republic, raising serious challenges for the already depleted and
overstretched health-care system in Idlib and western Aleppo.
F.
Findings
70.
As documented in numerous instances by the Commission, the civilian population in
Idlib has over the past years been subjected to indiscriminate attacks on civilian areas and
schools, and deliberate attacks on protected objects, such as hospitals, killing and injuring
thousands of civilians in acts amounting to war crimes.40
71.
With regard to the findings from the current reporting period, the Commission has
reasonable grounds to believe that pro-Government forces committed the war crimes of
deliberately attacking medical personnel and facilities by conducting air strikes and that, on
one occasion, Government forces committed the same crimes by launching a ground-toground rocket attack (see paras. 36–47). The consistent repeated attacks on medical facilities
suggest that pro-Government forces continued their policy to target hospitals, as part of the
warring strategy.41
72.
Concerning the attacks with cluster munitions on densely populated civilian areas,
which struck the Khaled Shaar, al-Barahim and al-Izza Ibn Abdelsalam schools in Idlib city
(see paras. 36–47), the Commission has reasonable grounds to believe that Government
forces committed the war crime of launching indiscriminate attacks resulting in death or
injury to civilians,42 which may also amount to a direct attack against civilians.43
73.
In relation to the six attacks on markets detailed above (paras. 20–32), the
Commission assesses that each location was civilian in nature and by all witness accounts
without nearby military objectives. In addition, each location was located in areas away from
active fighting at the time of the attacks, and was struck by air strikes during the day, when
civilians were likely to be present. Consequently, the Commission has reasonable grounds to
believe that in each incident, pro-Government forces did not direct the attacks at a specific
military objective, amounting to the war crime of launching indiscriminate attacks resulting
in death or injury to civilians.
74.
For each incident discussed above (paras. 20–58), the Commission sought but did not
receive information suggesting that a military objective had been located near the affected
areas at the time of the investigated attacks.44 The Commission was unable to confirm the
presence of armed actors or other legitimate military objectives in the areas specifically
affected, except in the case of the described attacks on Kafr Nouran (see paras. 33–35), and
40
41
42
43
44
A/HRC/37/72, paras. 72–79; A/HRC/39/65, paras. 63–64; A/HRC/40/70, paras. 24–29;
A/HRC/42/51, paras. 44–52; and A/HRC/43/57, paras. 18–29.
A/HRC/28/69, annex II, paras. 2–8; A/HRC/30/48, paras. 34–35; A/HRC/31/68, para. 77; and
A/HRC/43/57, paras. 22–23, and annex II, paras. 1–8.
The use of cluster munitions in densely populated areas is inherently indiscriminate (given the
typically wide dispersal pattern and high dud rate) and therefore prohibited by customary
international humanitarian law. See Jean-Marie Henckaerts and Louise Doswald-Beck, Customary
International Humanitarian Law: Volume I – Rules (Geneva, International Committee of the Red
Cross), rules 1, 7, 11, 12, 14 and 71; and the Convention on Cluster Munitions, Dublin, 30 May 2008,
art. 2.
International Tribunal for the Former Yugoslavia, Prosecutor v. Galić, Case No. IT-98-29-T, 5
December 2003, paras. 19 and 57; and Customary International Humanitarian Law, rules 1 and 156.
See also International Tribunal for the Former Yugoslavia, Prosecutor v. Martić, Decision, Case No.
IT-95-11-I, paras. 23–31.
Notes verbales were sent to the Russian Federation and the Syrian Arab Republic on 29 April and
also on 5 June 2020.
13
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