A/HRC/25/65
V.
Conclusions and recommendations
A.
Conclusions
151. The Syrian Arab Republic has acted in breach of the International Covenant
on Economic, Social and Cultural Right, the International Covenant on Civil and
Political Rights, the Convention on the Elimination of All Forms of Discrimination
against Women, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, and the Convention on the Rights of the Child
and the Optional Protocol thereto on the involvement of children in armed conflict.
Government forces have disregarded the basic human rights of people under their
control and in their custody. As a state, the Syrian Arab Republic is responsible for all
acts committed by its officially sanctioned agents, in breach of its international treaty
obligations.
152. In the course of the conflict, the warring parties in the Syrian Arab Republic
have failed to comply with their obligations under international humanitarian law.
They have violated the fundamental prohibitions of common article 3 of the Geneva
Conventions, which are binding on all parties to the conflict. Such violations amount
to war crimes, incurring individual criminal responsibility. Individual fighters and
their commanders may be held accountable for their acts under international criminal
law and by States exercising universal jurisdiction.
153. External actors that support the belligerents financially and logistically have
obligations under international law. States should not authorize the transfer of arms if
there is a risk that they will be used in the commission of crimes against humanity or
war crimes. In the Syrian Arab Republic, as has been repeatedly documented, this
risk is real. States parties to the International Convention for the Suppression of the
Financing of Terrorism must take measures to prevent persons and organizations that
collect or donate funds knowing that they will be used to finance attacks on civilians
or persons taking no active part in hostilities. Private donors, as well as foreign
advisers providing operational assistance, are responsible for acts and conduct that
occur under their control. States that exert influence over the parties in the Syrian
Arab Republic have an obligation to ensure their compliance with the rules of
international humanitarian law.
154. On 2 October 2013, the Security Council President issued a statement in which
he condemned the widespread violations of human rights and international
humanitarian law by the Syrian authorities, as well as any human rights abuses and
violations of international humanitarian law by armed groups.5 Building on this
acknowledgement, the Security Council must seek a referral to justice to hold the
perpetrators of these violations and abuses accountable.
155. The Security Council, in adopting resolution 2118 (2013), demonstrated its
capacity for unified and effective action in the Syrian Arab Republic. The five
permanent members have failed to take action on other grave violations that equally
threaten international peace and security. Such inaction has provided the space for
the proliferation of actors in the Syrian Arab Republic, each pursuing its own agenda
and contributing to the radicalization and escalation of violence. The Security Council
bears this responsibility.
5
S/PRST/2013/15.
23
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