A/HRC/44/61 Findings 96. The Commission finds that there are reasonable grounds to believe that members of Hay’at Tahrir al-Sham committed the war crimes of murder; 64 of passing sentences and carrying out executions without previous judgment pronounced by a regularly constituted court; and of cruel treatment, ill-treatment and torture.65 In instituting makeshift courts whose procedures fall far short of fair trial standards,66 Hay’at Tahrir al-Sham violated due process principles.67 Moreover, Hay’at Tahrir al-Sham also committed the war crime of pillage.68 B. Areas under Government control 97. Where hostilities halted in recaptured areas across southern Idlib, looting and pillaging were rife, including in Ma’arrat al-Nu’man and Saraqib. Houses were stripped of their contents by pro-Government forces, including the twenty-fifth Special Mission Forces Division, known as the “Tiger Forces”, as well as affiliated militia such as local defence forces and the National Defense Forces. Audiovisual evidence and testimony indicated that looting was carried out systematically and in phases. First, the valuable chattel was taken, followed by doors, windows, electric cables, sanitary fittings, tiles and steel bars. Private companies were then engaged to transport items to Government-controlled areas to be processed and resold. The money paid by these private entities was sometimes considered as a reward for members of the armed forces who recaptured the area. 98. In Ma’arrat al-Nu’man in March, a civilian found his parents’ house looted, with doors and windows removed. In Saraqib, a civilian indicated that his house had been looted and emptied of appliances, fixtures, fittings and furniture in early April. During the temporary loss of control by Government forces in February, journalists and other civilians visiting the town observed items, including windows and kitchen tools, that had been collected from various houses and piled up in preparation for transportation out of the area. The Commission also received reports of looting in other areas of southern Idlib by pro-Government forces, including of pistachios and grapes. 99. Despite the fact that recaptured areas had been almost depopulated, the Commission received reports of civilians being killed, shot at and detained by pro-Government forces. In late January, an elderly man with mental health problems was allegedly killed by members of the Syrian Arab Army in Ma’arrat al-Nu’man. He was subsequently burned and pictures were taken by pro-Government soldiers with the body. In another incident, a group of women that had returned to Kfar Halab in western Aleppo on 11 February to retrieve some belongings were allegedly shot at by the twenty-fifth Special Mission Forces Division. Reportedly, in spite of their reservations, the soldiers were ordered to shoot at the women, who they described as elderly. 69 The Commission is currently investigating incidents of arbitrary detention allegedly by the Syrian Arab Army in Anadan (Aleppo). Findings 100. The Commission finds that there are reasonable grounds to believe that members of pro-Government forces, and in particular the twenty-fifth Special Mission Forces Division, committed the war crime of pillage70 in southern Idlib in the reporting period. 64 65 66 67 68 69 70 18 Common article 3 of the Geneva Conventions. Customary International Humanitarian Law, rules 90 and 156. Common article 3 of the Geneva Conventions; and Customary International Humanitarian Law, rule 100. See also https://reliefweb.int/sites/reliefweb.int/files/resources/POE_Report_Full.pdf (para. 188). Customary International Humanitarian Law, rule 100. Ibid., rule 52. See also International Criminal Court, Prosecutor v. Germain Katanga, Case No. ICC01/04-01/07, Judgment, 7 March 2014, paras. 925–957. www.youtube.com/watch?v=VNJxPzM_sY0#action=share. Customary International Humanitarian Law, rule 52.