A/HRC/43/CRP.6
professionals, lawyers and members of affected communities. Their accounts narrate the
impact of the war on children in the Syrian Arab Republic and further describe specific
violations to children’s human rights, which in turn seriously undermine their protection
under international law. Whenever possible, interviews with children were conducted in
person and parental consent was sought due to the sensitive nature of the subject matter. Only
the cases that met the standard of proof of reasonable grounds to believe that incidents and
patterns occurred as they were described form the basis of this report.
II. Applicable law
8.
A growing corpus of both treaty-based and customary international law, including
international human rights law, international humanitarian law and international criminal law
outline obligations on parties to an armed conflict, including non-state actors, which govern
the treatment and protection of children. The applicability of international humanitarian law
does not replace existing obligations under international human rights law. Rather both
regimes remain in force and are mutually reinforcing.
9.
As emphasized by the Security Council in resolution 1261 (1999), as well as
subsequent resolutions,3 parties to armed conflict should “undertake such feasible measures
during armed conflicts to minimize the harm suffered by children”. Security Council
Resolution 1325 (2000) calls on all parties to armed conflict to apply fully the relevant norms
of international humanitarian law and international human rights law to women and girls, and
to take special measures to protect women and girls from gender-based violence during such
periods.
International human rights law
10.
During the events analysed in this report, the Syrian Arab Republic remained party to
major United Nations human rights treaties and subsequent optional protocols.4 The Syrian
Government did not declare a state of emergency nor otherwise seek to derogate from any of
the aforementioned obligations, which consequently remained in effect.5
11.
All branches of the Syrian Government were therefore bound to respect, protect,
promote and fulfil the human rights of all persons present on its territory and within its
jurisdiction. The obligation included the right to afford an effective remedy to those children
whose rights were violated, including the provision of reparations, and to investigate and
bring to justice perpetrators of particular violations.6 The Syrian Arab Republic was also
3
4
5
6
Including UN SCR 1261 (1999) of 25 August 1999, 1314 (2000) of 11 August 2000, 1379 (2001) of
20 November 2001, 1460 (2003) of 30 January 2003, 1539 (2004) of 22 April 2004, 1612 (2005) of 26
July 2005, 1882 (2009) of 4 August 2009, 1998 (2011) of 12 July 2011, 2068 (2012) of 19 September
2012, 2143 (2014) of 7 March 2014, 2225 (2015) of 18 June 2015, 2427 (2018) of 9 July 2018 and all
relevant Statements of its President, which contribute to a comprehensive framework for addressing the
protection of children affected by armed conflict.
The International Covenants on Civil and Political Rights and on Economic, Social and Cultural
Rights were ratified by the Syrian Arab Republic in 1969, the same year it ratified the Convention on
the Elimination of All Forms of Racial Discrimination. The Syrian Arab Republic is also party to the
Convention on the Elimination of Discrimination against Women which it ratified in 2003, the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment in
2004 and the Convention on the Rights of Child in 1993. The Syrian Arab Republic ratified the
Optional Protocol to the Convention on the Rights of Child on the involvement of children in armed
conflict in 2003. The Syrian Arab Republic has not ratified the Convention on the Non-applicability
of Statutory Limitations to War Crimes and Crimes against Humanity.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, p. 178, paras. 105-106, “[t]he protection offered by human rights
conventions does not cease in case of armed conflict.” See also ICJ Nuclear Weapons, statements
concerning international humanitarian law as lex specialis, para. 25.
See Human Rights Committee, General Comment No. 31 on The Nature of the General Legal
Obligation Imposed on State Parties to the Covenant (2004), at paras. 15-19. In this General
Comment, the Human Rights Committee considered that the duty to bring perpetrators to justice
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