A/HRC/36/55
I. Introduction
1.
In the present report, submitted pursuant to Human Rights Council resolution 34/26,
the Independent International Commission of Inquiry on the Syrian Arab Republic presents
its findings based on investigations conducted from 1 March 2017 to 7 July 2017. 1
2.
The methodology employed by the Commission was based on best practices of
commissions of inquiry and fact-finding missions.
3.
The information contained herein is based on 339 interviews conducted in the region
and from Geneva.
4.
The Commission collected, reviewed and analysed satellite imagery, photographs,
videos and medical records. Communications from non-governmental organizations and
Governments were consulted, as were United Nations reports.
5.
The standard of proof was met when the Commission obtained a reliable body of
information to conclude that there were reasonable grounds to believe the incidents
occurred as described, and that violations were committed by the warring party identified.
6.
The Commission’s investigations remain curtailed by the denial of access to the
Syrian Arab Republic.
II. Political and military developments
7.
During the reporting period, the pace of both political and military developments
notably increased. As a result, two distinct dynamics emerged: one in the west of the
country, under the de-escalation agreement concluded as part of the Astana talks on 4 May
by its three guarantors (Iran (Islamic Republic of), the Russian Federation and Turkey), and
the second in the central and eastern parts of the country, where Islamic State in Iraq and
the Levant (ISIL) continues to rapidly lose significant swaths of territory. Levels of armed
violence decreased in some locations under the de-escalation agreement, including in Idlib,
western Aleppo and, more recently, in the southern province of Dar’a. The situation
remains volatile, however, in the remaining two zones of eastern Damascus and northern
Homs. Beyond the de-escalation zones, civilians, in particular internally displaced persons,
in territories held or previously held by ISIL are witnessing increased violence as actors
scramble to establish control over those areas.
8.
In early July, a fifth round of talks was held in Astana to agree upon implementation
modalities covering the de-escalation zones and upon monitoring mechanisms that could
involve potential deployment, by the three guarantors, of police or military forces. While
neither the Government of the Syrian Arab Republic nor the opposition signed the Astana
agreement, the latter remain adamantly opposed to deployment of Iranian forces for
monitoring purposes. Technical committees, formed as part of the agreement, continue to
discuss the implementation and another round of discussions is expected in early August.
During the next round, those modalities will need to be specified and implemented with
support from the guarantors. Previous ceasefire agreements have demonstrated that a lack
of enforcement mechanisms increases the likelihood of relapse towards prior levels of
violence.
9.
The Special Envoy of the Secretary-General for Syria, Staffan de Mistura, who
attended the latest round of Astana talks, has stressed that the Astana and Geneva processes
were “mutually supported actions” with the same aim of supporting ceasefire efforts. The
Special Envoy held two rounds of talks in May and July. During the May round, the
Government of the Syrian Arab Republic and the opposition agreed to discuss “four
baskets” of issues, including political transition, constitutional reform, elections and
combating terrorism. The latest round of intra-Syrian talks concluded in Geneva on 15 July.
Despite persistent efforts by the Special Envoy, direct talks did not take place, and the rift
1
The commissioners are Paulo Sérgio Pinheiro (Chair), Karen Koning AbuZayd and Carla Del Ponte.
3
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