A/HRC/44/61
victims, while civilians attempted to help the wounded. A family of five was killed, including
a pregnant teenage girl; two other civilians were injured.
87.
Imagery obtained by the Commission revealed the use of a BM-21 Grad multiplebarrel rocket launcher system, the remnants of which were visible at the impacted site. While
no information suggests that a legitimate military objective was located nearby, fighting was
ongoing in western Aleppo, some 10 km away from the Hamdaniya residential area. The
BM-21 is an indirect wide-area weapon, which is not suitable for engaging a point target. It
has a disproportionate effect on civilians owing to its inaccuracy and the high number of fired
projectiles.
Findings
88.
The foregoing attacks were characterized by indiscriminate, indirect artillery fire of
area weapons into densely populated civilian areas, with no apparent legitimate military
objective. In conducting these attacks, armed groups did not direct the attack at a specific
military objective. As a result, they may have perpetrated the war crimes of launching an
indiscriminate attack resulting in death or injury to civilians and of spreading terror among
the civilian population (see paras. 70–81).56
VII. Violations committed outside the conduct of hostilities
They were asking me about having been in the “protests” against the Salvation
government. “Why do you question Hay’at Tahrir al-Sham?” and “Why don’t you
like us?” and similar questions. I believe they were just looking for information to
charge me with something, anything.
Humanitarian worker who escaped detention by
Hay’at Tahrir al-Sham in February 2020
89.
The Commission has previously documented a systematic practice by Hay’at Tahrir
al-Sham to unlawfully detain, torture and murder civilians living in areas under their control,
in acts amounting to war crimes or crimes against humanity, 57 as well as to recruit and use
children in their forces.58 Similarly, following the recapturing by Government forces of areas
previously controlled by armed groups and terrorist organizations elsewhere in the country,
the Commission has documented the extensive use by Government forces of arbitrary
detention, torture and enforced disappearance, and of unlawful property confiscation. 59
A.
Areas under the control of Hay’at Tahrir al-Sham
90.
During the reporting period, alongside bombardment, civilians endured abuses of their
basic rights, as Hay’at Tahrir al-Sham continued trying to control towns and villages.
Interviewees reported that Hay’at Tahrir al-Sham monopolized the provision of Internet and
fuel and the supply of electricity. The attempts to ascertain control had an impact on all areas
of civilian life, including commercial activities, where shop owners described being asked
by Hay’at Tahrir al-Sham to pay $1,500 per month to ensure their “protection”. While such
taxes were collected across areas under the group’s control, including in camps for internally
displaced persons and ad hoc gatherings of displaced persons, Hay’at Tahrir al-Sham
provided little in the way of services to the civilian population, with minimal electricity
available and non-existent waste collection.
91.
Hay’at Tahrir al-Sham also attempted to interfere with and control the delivery of
humanitarian assistance, in violation of international humanitarian law. 60 For example, on 14
56
57
58
59
60
16
A/HRC/43/57, para. 31.
A/HRC/40/70, para. 57; and A/HRC/43/57, para. 38.
A/HRC/40/70, para. 62.
A/HRC/40/70, paras. 9, 73 and 80–82; and A/HRC/42/51, paras. 67–70.
Customary International Humanitarian Law, rule 32.
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