A/HRC/34/64
97.
In one of the most egregious attacks conducted during the period under review,
a humanitarian convoy was hit by an air strike, which killed 15 aid workers and
destroyed much-needed aid supplies. The means and methods employed and the
circumstances in which the attack was carried out indicate that Syrian forces sought
to deliberately obstruct the delivery of humanitarian aid. Under international
humanitarian law, aid workers enjoy protection and may not be made the object of
attack. By using air-delivered munition with the knowledge that humanitarian
workers were operating in the location, Syrian forces committed the war crimes of
deliberately attacking humanitarian relief personnel, denial of humanitarian aid, and
attacking civilians.
98.
An alarming number of allegations of the use of chlorine were reported during
the siege of eastern Aleppo. In at least two incidents, chlorine bombs were airdropped
by Syrian forces, resulting in civilian casualties, many of them children. The use of
chlorine, regardless of the presence of a valid military objective, is prohibited by
customary international humanitarian law as well as by the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, to which the Syrian Arab Republic is a party. The
continued use of chlorine by Syrian forces evinces a blatant disregard for
international legal obligations, and also amounts to the war crime of indiscriminate
attacks against a civilian population.
99.
Syrian and/or Russian air forces pervasively used cluster munitions, which
killed and injured civilians. Given the large number of sub-munitions that each
cluster bomb releases, their use in such a densely populated area as eastern Aleppo
city amounts to the use of an inherently indiscriminate weapon, constituting the war
crime of indiscriminate attacks in a civilian populated area.
100. Shortly after government forces laid siege to eastern Aleppo city, armed groups
in western Aleppo countryside and eastern Aleppo city bombed Sheikh Maqsoud with
the expressed intent of taking revenge on its majority Kurdish population. A series of
intentional attacks resulted in the death and injury of civilians, amounting to the war
crime of deliberately directing attacks against a civilian population.
101. Throughout the siege of eastern Aleppo, armed groups continuously shelled
western Aleppo using mostly unguided and imprecise weaponry, such as improvised
rockets and mortars. One of the most commonly used weapons were so-called “hell
canons”. The nature of the weapons used and the absence of a military presence in the
majority of cases reviewed terrorized residents of western Aleppo in violation of the
international humanitarian law principle of distinction. These attacks therefore
amount to the war crime of indiscriminate attacks against a civilian population.
102. Some armed groups also committed the war crimes of withholding the
distribution of humanitarian aid from the besieged population under their control,
and actively denied civilian freedom of movement, used civilians as human shields,
conducted arbitrary arrests and used civilian buildings for military purposes.
103. The recapture of eastern Aleppo was characterized by reprisals, the most
serious of which were executions by members of pro-Government forces of hors de
combat armed groups fighters and the murder of their civilian family members.
Arbitrary arrests of persons suspected of supporting armed groups, including doctors
and humanitarian workers, were made, and men and boys were subjected to forced
conscription.
104. After the recapture of eastern Aleppo, the Government and armed groups
reached an agreement that led to the evacuation of the remaining population. Under
the terms of the agreement, which follows previous similar agreements, including
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