A/HRC/43/57 17. Given the evidence available, including witness testimonies, video footage, data imagery as well as reports by flight spotters, flight communication intercepts and early warning observation reports, the Commission concluded that a Russian aircraft participated in each incident as described above, and that each of the incidents the Russian Air Force did not direct the attacks at a specific military objective, amounting to the war crime of launching indiscriminate attacks in civilian areas 20 November, attack on Qah camp for displaced civilians 18. In the evening hours on 20 November, pro-Government forces launched a surface-tosurface missile attack consisting of cluster munitions on a camp for displaced civilians located along the Turkish border, where hundreds of families displaced from eastern Ghutah, Dar‘a and Homs resided. The camp was situated near Qah village, approximately four kilometres from another major camp in Atma, and was recently expanded to accommodate tens of thousands Syrian women, men and children who had fled the on-ongoing offensive on southern Idlib and northern Hama. Witnesses described hearing one large explosion at 7:19 p.m., followed by a number of smaller bomblets that exploded over the camp, setting numerous tents on fire and damaging the Qah hospital located some 25 meters away. The attack killed 18 civilians and injured at least 40 others, including 17 children. 19. The Commission analysed photographs and video footage of remnants which revealed the use of an OTR-21 missile. The overall size and shape of the blast site was compatible with the OTR-21 “TOCHKA” system, a large tactical ballistic missile system that the Syrian army has in its repertoire. 20. Although the Syrian Arab Republic is not a party to the Convention on Cluster Munitions, the use of cluster munitions in densely populated areas is inherently indiscriminate (given the typically wide dispersal pattern and high dud rate, which continues to endanger civilians years after a cessation of hostilities) and therefore prohibited by customary international humanitarian law. For this reason, their use in densely populated camps for displaced civilians, constitutes the war crime of indiscriminate attacks in a civilian populated area. 23

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