A/HRC/43/57
later in December – Ma‘arrat al-Nu‘man and Khan al-Soubul almost completely depopulated.
Schools in Janudiyah village in Jisr al-Shughur became shelters for at least 6,500 civilians
fleeing areas retaken by pro-government forces. On 20 November, 16 civilians, including 11
children, were killed and 30 were injured when pro-government forces launched a surfaceto-surface missile attack consisting of cluster munitions that struck a camp for displaced
persons adjacent to Qah village, near the Turkish border. The use of cluster munitions in
densely populated camps for displaced civilians constitutes the war crime of indiscriminate
attacks in a civilian populated area (see annex II for a detailed description of other attacks).
27.
From 15 December onwards, as pro-government forces increased aerial offensives,
residents around Ma‘arrat al-Nu‘man town began fleeing in anticipation of attacks. Residents
described departing at night, using the M5 motorway, with their vehicle lights off, to
minimize the risk of being attacked. By 1 January, at least 300,000 people had fled their
homes, adding to approximately 400,000 civilians previously displaced from southern Idlib
between May and August.
28.
Four medical facilities were damaged in the span of three days, between 4 and 6
November, in Jisr al-Shughur, Kafr Nubl and Ariha in southern Idlib. On 6 November, at
around 1.30 a.m., pro-government forces carried out two air strikes that struck the Ikhlas
maternity and paediatric hospital in Shinan, south of Ariha, rendering the facility nonfunctional. Later that day, at around 4.15 p.m., a series of air strikes conducted by proGovernment forces struck a surgical “cave” hospital in Kafr Nubl, damaging the western
entrance and vital medical equipment.
29.
In attacking medical facilities, pro-government forces repeatedly committed the war
crime of deliberately attacking protected objects and intentionally attacking medical
personnel. In attacking hospitals, medical units and health-care personnel, pro-government
forces violated binding international humanitarian law to care for the sick and wounded, and
committed the war crime of attacking protected objects.
30.
The foregoing incidents follow a pattern of attacks against hospitals (including, most
recently, between March and May 2019),12 which strongly suggests that pro-government
forces systematically targeted medical facilities. Government officials repeatedly stated that
their aim was to remove terrorist elements, including Hay’at Tahrir al-Sham, from the area.
The means and methods of warfare, however, were deployed in a way that decimated
segments of civilian infrastructure throughout southern Idlib, and may suggest that progovernment forces also targeted the civilian population. During the period under review,
repeated attacks further rendered the area completely uninhabitable, eroding the military and
fragile political control of Hay’at Tahrir al-Sham.
31.
In parts of southern Idlib, including Ma‘arrat al-Nu‘man, pro-government forces
persistently shelled civilian infrastructure in the de-escalation zone, leaving civilians with no
choice but to flee. As such, there are reasonable grounds to believe that pro-government
forces intended to terrorize civilians,13 in an effort to depopulate the zone and accelerate its
capture.
Hay’at Tahrir al-Sham14
12
13
14
A/HRC/42/51, paras. 45–46 and para. 52, footnote 16. See also annex II.
International Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,
Prosecutor v. Stanislav Galić, Case No. IT-98-29-A, Judgment, 30 November 2006, at paras. 99–109.
The Commission continues to regard the group as a terrorist entity, as designated by the Security
Council in its resolution 2170 (2014) and subsequent entries on its sanctions lists (available from
https://scsanctions.un.org/consolidated/). Hay’at Tahrir al-Sham currently comprises Jabhat Fatah alSham (also known as Jabhat al-Nusrah and previously as the Al-Nusrah Front), Ansar al-Sham and
Ajnad al-Sham, among others.
7
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