A/HRC/25/65
Annex VII
[English only]
Assaults on medical care
I. Introduction
1.
The deliberate targeting of hospitals, medical personnel and transports, the denial of
access to medical care, and ill-treatment of the sick and wounded, has been one of the most
alarming features of the Syrian conflict. According to multiple accounts collected by the
Commission of Inquiry, Government forces and affiliated militias interfere with and
instrumentalise medical care to further strategic and military aims. Evidence collected by
the Commission leads to an overwhelming conclusion: Government forces deny medical
care to those from opposition-controlled and affiliated areas as a matter of policy. The
policy is implemented through attacks on medical units, by endangering hospitals, targeting
medical personnel, and interfering with patients receiving treatment. Victims relay
harrowing accounts of the wounded and sick languishing at checkpoints unable to reach
medical treatment, coming under renewed attack in hospital and doctors providing impartial
aid being arrested and targeted. There is also evidence that some anti-Government armed
groups have attacked hospitals in certain areas.
2.
Article 3, common to the four Geneva Conventions of 1949, binding all parties to
the non-international armed conflict in Syria, requires the wounded and sick be collected
and cared for. Customary international humanitarian law also affords special protection to
hospitals, medical units and healthcare personnel. Under Syria’s constitution, adopted in
2012, the Government must “protect citizen’s health and provide means of prevention,
treatment and medication.” International Human Rights Law prohibits the arbitrary
deprivation of life. The right to health, enshrined in the International Covenant on
Economic, Social and Cultural Rights, to which Syria is party, contains a non-derogable
core obligation to ensure the right of access to health facilities, goods and services on a
non-discriminatory basis, especially for vulnerable or marginalized groups, as set out in
General Comment No. 14. Intentionally directing attacks against hospitals and places
containing the sick and the wounded and against medical units using the Red Cross or Red
Crescent emblem is a war crime in non-international armed conflict.
3.
The Commission is presenting this thematic conference room paper to the 24th
session of the Human Rights Council to highlight an enduring and underreported trend in
the ongoing conflict. The findings that follow are emblematic examples documented by the
Commission working within its methodological limitations and within the constraints on
access imposed by the Government. The incidents described are indicative of wider
patterns. The denial of medical care as a weapon of war is a distinct and chilling reality of
the war in Syria. By rejecting the irrefutable and universally accepted principle that those
wounded in hostilities must be treated, the parties to the conflict in Syria are setting a
dangerous precedent.
II. Attacks on hospitals and medical units
4.
Since the beginning of Syria’s unrest, Government forces have strategically
assaulted hospitals and medical units to deprive persons perceived to be affiliated with the
55
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents