A/HRC/42/51
through cross-border operations, as well as, on occasion, shelling originating from territory
controlled by the Government of the Syrian Arab Republic. Entrenched in fortified bases
and among hundreds of civilians, including women and children, ISIL elements responded
with anti-tank guided missiles, sniper fire and vehicle-born improvised explosive devices.
27.
The Commission continued its investigations into a series of air strikes carried out
by the United States-led international coalition during operation Al-Jazeera Storm
(A/HRC/40/70, para. 49), which resulted in a high number of civilian casualties. For
example, on 3 January at approximately 7.30 a.m., a series of air strikes hit a single-floor
residential building and its immediate vicinity. The building was positioned more than a
kilometre east of the centre of Sha‘fah, south of Hajin. Analysis of the impact site,
including the crater, in conjunction with witness statements describing the launching of
rockets from a jet fighter, led the Commission to conclude that an air strike had been the
cause of the damage.9
28.
The strike killed 16 civilians, including 3 women, 1 man, 3 boys and 9 girls. The
majority of children killed were aged 5 years or less, with the youngest victim being a 2month-old infant. Fourteen victims belonged to the same family, while two additional
victims were relatives staying at the house. Two boys survived the attack, sustaining
injuries.
29.
Witness statements, satellite imagery and video material received and reviewed by
the Commission confirmed the targeted object had been an isolated building on the
outskirts of Sha‘fah, hundreds of metres from the next cluster of residential buildings and
positioned off the main roads. While interviewees confirmed the presence of ISIL terrorists
in Sha‘fah itself, the Commission found no indication of any ISIL presence or military
target in the wider area of the building struck at the time of the attack.
30.
The Commission recalls numerous previous attacks by the United States-led
international coalition that resulted in death or injury to civilians. 10 Furthermore, the
Commission notes the isolated location of the targeted object, the high number of civilian
casualties who were overwhelmingly children and the specific statements of eyewitnesses
indicating the exclusive presence of civilians at the scene of the incident, all coinciding
with the apparent absence of a military target in the area of the attack.
31.
The evidence obtained regarding this incident indicated that international coalition
forces failed to employ the necessary precautions to discriminate adequately between
military objectives and civilians. The Commission finds that there are reasonable grounds
to believe that international coalition forces may not have directed their attacks at a specific
military objective, or failed to do so with the necessary precaution. Launching
indiscriminate attacks that result in death or injury to civilians amounts to a war crime in
cases in which such attacks are conducted recklessly. 11
32.
Towards the end of January, SDF advancement was decelerated due to the large
presence of civilians, often consisting of wives and children of ISIL fighters who were
fleeing the combat zone. To illustrate the point, the Commission received reports of an air
strike in the early hours of the morning of 29 January, which allegedly killed at least one
man, four women and three boys. The attack struck the Moshan area of Baghuz Tahtani,
where a crowd of civilians had gathered to leave the town.
9
10
11
Between 30 December 2018 and 12 January 2019, the Combined Joint Task Force (Operation
Inherent Resolve) conducted 575 strikes consisting of 1,147 engagements in the Syrian Arab Republic,
see www.centcom.mil/MEDIA/PRESS-RELEASES/Press-Release-View/Article/1734375/january15-cjtf-oir-strike-summary-dec-30-2018-jan-12-2019.
A/HRC/37/72, para. 39, and annex IV (paras. 7–11); and A/HRC/40/70, paras. 46–48.
For the mens rea, see, e.g., International Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1991, Prosecutor v. Stanislav Galić, Case No. IT-98-29-T, judgment of 5 December
2003, para. 54. Cf. Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International
Humanitarian Law – Volume I: Rules (Geneva, International Committee of the Red Cross; Cambridge,
United Kingdom, Cambridge University Press, 2005), rule 156.
7
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