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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