A/HRC/25/65
abductions have made it impossible for the residents of Mirdash and Shatha to cultivate
their land, depriving them of their main source of income and sustenance. Carrying out
attacks against farmers cultivating their land with the specific purpose of preventing them
access to agricultural produce is prohibited under international humanitarian law.
E. Arbitrary and forcible displacement
1.
Government forces and pro-government militia
144. By launching indiscriminate and disproportionate aerial bombardment and shelling,
the Government has caused large-scale arbitrary displacement. In doing so, it has failed in
its obligations under international human rights law to protect civilians from such
displacement. It has failed to comply with its duties under international humanitarian law to
provide displaced civilians with shelter, hygiene, health, safety and nutrition and to ensure
that members of the same family are not separated.
2.
Non-State armed groups
145. Two instances of forcible displacement by armed groups, as defined under
international humanitarian law, were documented.
146. On 20 July, ISIS, Jabhat Al-Nusra, the Al-Sakhana Brigades, Saw’aiq Al-Rahman,
the Ibn Taimia Brigades and Ahrar Al-Sham clashed with YPG forces in Tal Abyad (Ar
Raqqah).
147. On 21 July, when YPG forces withdrew, armed groups broadcast orders from
mosques in Al-Jisr, Harat Al-Leil and Hay Al Shallala neighbourhoods, instructing Kurdish
civilians to leave the town or face immediate attack. Thousands of Kurdish civilians
subsequently fled. Many were abducted at checkpoints encircling the area. The property of
those who fled was looted and burned.
148. In Aleppo, on 28 July, clashes erupted in the Kurdish enclaves of Tal Aran and Tal
Hasel between Jabhat Al-Akrad and YPG forces on the one side, and affiliated groups of
Jabhat Al-Nusra, ISIS and FSA on the other. The latter groups seized control of Tal Aran,
setting up checkpoints and sniper positions. Using mosque loudspeakers, armed group
fighters ordered the Kurdish population to leave, under threat of violence. Thousands fled
the following day.
149. On 29 July, the fighting spread to Tal Hasel, with the YPG engaging in hostilities
with the above-mentioned armed groups. After short, intensive clashes, the armed groups
encircled the town and conducted raids on Kurdish houses, abducting fighting-age men.
Using mosque loudspeakers, the groups called Kurds “unbelievers”, declaring that “swords
are between us and those who decide to stay in Tal Hasel”. Specific threats were directed
against Kurdish women and children, saying that those who remained would be considered
“halal for the mujahideen”.
150. The pattern of conduct perpetrated by non-State armed groups in Ar Raqqah and
Aleppo in July indicates a coordinated and planned campaign to forcibly displace Kurdish
civilians. The methods employed, the threat of violence and subsequent abductions
demonstrate the deliberate displacement of a population on the basis of its ethnic identity.
Such conduct amounts to the war crime of forcible displacement.
22
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