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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