A/HRC/43/57
123) of the Syrian National Army executed Hevrin Khalaf together with her driver, after
dragging her out by her hair and mutilating her body. 27
59.
In conducting the aforementioned acts, the Commission finds that there are reasonable
grounds to believe that Syrian National Army fighters perpetrated the war crime of murder
and repeatedly committed the war crime of pillaging, further seriously contravening the right
to enjoyment of possessions and property. If any armed group members were shown to be
acting under the effective command and control of Turkish forces, these violations may entail
criminal responsibility for such commanders who knew or should have known about the
crimes, or failed to take all necessary and reasonable measures to prevent or repress their
commission.28
Areas under the control of the Syrian Democratic Forces
60.
Since the final battles over the last remaining ISIL areas south of Hajin, individuals
with perceived links to the group have been either transported to displacement camps or
transferred to detention facilities scattered in areas controlled by the Syrian Democratic
Forces. As many of their countries of origin initially refused to repatriate them, most families
of foreign ISIL fighters, including children, are being held in a legal limbo, in squalid living
conditions and with meagre prospects to return.
61.
In Hawl camp, women and children with familial links to ISIL suffered discrimination
on the basis of their perceived affiliation with the group, in violation of international
humanitarian law.29 As interned women and children are believed to pose a security threat,30
they face restrictions on their movements and are reliant on the Syrian Democratic Forces to
facilitate their access to medical facilities. Interviewees described that, on occasion, access
to medical care was denied by guards, or they were not allowed to accompany children to
hospitals in Hasakah or Qamishli. Instances of harassment, verbal abuse and looting31 of the
tents of family members of ISIL fighters by camp guards have also been documented.
62.
Compounding the dire living conditions, prevailing insecurity and violence increased,
further weakening the most vulnerable segments of the encamped population. Inside the
annexed section of Hawl camp, ISIL sympathizers have established a female morality police
to monitor adherence to dress codes and enforce punishments on women perceived to be
“infidels”. In September, at least two women were stabbed to death following a decision by
a makeshift “sharia court” set up by militant women. At least one Syrian Democratic Forces
guard was stabbed inside the annexed section.
63.
As Operation Peace Spring progressed in October (see paras. 45–52), fear spread
among the population in Hawl and Ayn Isa camps. Interviewees recalled that the number of
guards at Hawl camp had been reduced significantly, resulting in sporadic outbreaks of
violence affecting the annexed section in particular. As instability increased, the only medical
clinic servicing the annexed section was closed, depriving thousands of women and children
of medical care. Hostilities further affected Ayn Isa camp, where 249 women and 700
children with family links to ISIL were held. While some of the encamped residents escaped
and others were transferred to Mahmudi camp in Raqqah Governorate, some of the women
appear to have been apprehended by armed groups.
64.
Approximately 11,000 male individuals, including 1,000 foreigners from 50 different
countries, remain detained in detention sites run by the Syrian Democratic Forces. Men and
boys as young as 9 years of age were being held in squalid conditions without adequate access
to food or water; they were visibly ill and had untreated conflict-related injuries. Detainees
27
28
29
30
31
12
In meetings with the Commission, the leadership of the Syrian National Army indicated that
individuals had been arrested in connection with this incident.
Rome Statute of the International Criminal Court, art. 28. See also Henckaerts and Doswald-Beck,
Customary International Humanitarian Law, rule 153.
See Henckaerts and Doswald-Beck, Customary International Humanitarian Law, rules 88 and 118.
A/HRC/37/72, annex III, paras. 12–18.
See Henckaerts and Doswald-Beck, Customary International Humanitarian Law, rule 122.
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