A/HRC/43/57
A.
Idlib, northern Hama and western Aleppo
Pro-government forces
19.
Idlib Governorate, where approximately three million Syrian civilians subsist with
limited access to basic services, witnessed renewed outbreaks of brutal violence. At least half
of these civilians had already fled attacks or been forcibly displaced through “reconciliation
agreements”,7 while 700,000 of them were displaced between May and early January.
20.
Though the announcement of a unilateral ceasefire on 31 August ended a four-month
long offensive throughout the “demilitarized zone”, 8 violence intensified from November
into early January. Attacks carried out by pro-government forces targeted civilian
infrastructure, including specially protected objects. As a result, civilian areas were rendered
uninhabitable, in particular towns such as Khan Shaykhun and Ma‘arrat al-Nu‘man, in an
apparent effort to accelerate capture of strategic motorways from Aleppo to Hama and
Ladhiqiyah.
21.
The Commission verified unlawful attacks in Ma‘arrat al-Nu‘man, Marat al-Harma,
Janudiyah village (Jisr al-Shughur), a medical point located near Al-Khasra, and Al-Bara.
The findings that follow are examples of attacks by pro-government forces.
22.
Attacks affecting crowded marketplaces continued.9 For example, on 22 July, between
8 a.m. and 8.30 a.m., a series of air strikes hit the main market as well as surrounding houses
in a densely populated area in Ma‘arrat al-Nu‘man. The air strikes killed more than 43
civilians, including 3 girls and 1 boy, and injured at least 109, including 18 children and 15
women. At least 2 four-storey residential buildings and 25 shops were destroyed. Al-Quza'iz
School, located some 700 m from the market, was also damaged. Witnesses recounted that
there were no military objectives in the vicinity of the market.
23.
Civilians and rescuers rushed to the market after the attack. Within minutes, however,
at around 8.35 a.m., a “double-tap” air strike hit the same area, killing scores of civilians,
including a member of the rescue team. Medical staff described how victims had been
brought to a nearby hospital with missing limbs, while others had arrived in various stages
of disfigurement. The Russian Ministry of Defence denied that their aircraft had been present
in the area on 22 July.10
24.
On 16 August, between 7.15 and 7.30 p.m., air strikes struck a compound for displaced
civilians located approximately 2 km from Haas. The compound was situated in a rural area,
surrounded by agricultural fields, between Kafr Roma and Haas in southern Idlib, with
interviewees recalling that no military objectives were nearby. The attack killed 20 people,
including 8 women, one of whom was pregnant, and 6 children, and injured at least 40 others.
The air strike caused substantial damage to the area, including to an adjacent square
surrounded by commercial vendors. At least two residential buildings and a food storage
room were destroyed, while the school and the camp medical centre were damaged.
25.
Based on 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 has reasonable grounds to believe that a
Russian aircraft participated in each incident described above. In both 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 (see annex II for a detailed
description of the attacks).11
26.
As violence escalated, and pro-government forces consolidated power over strategic
areas in southern Idlib, civilians fled en masse, leaving Khan Shaykhun, Kafr Nubl and –
7
8
9
10
11
6
On oaths of loyalty and reconciliation, see also A/HRC/36/55, paras. 20–22.
A/HRC/40/70, paras. 14–15.
A/HRC/28/69, annex II, paras. 2–8; A/HRC/30/48, paras. 34–35; and A/HRC/31/68, para. 77.
See http://eng.mil.ru/en/news_page/country/more.htm?id=12243385@egNews.
See Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law –
Volume I: Rules (Geneva, International Committee of the Red Cross; Cambridge, United Kingdom,
Cambridge University Press, 2005), rule 156.
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