A/HRC/43/57
reason for his summons, though he considered it related to his journalism. Members of Hay’at
Tahrir al-Sham threatened another journalist in relation to information she had published
online, which criticized the provision of services and other issues in Idlib for which she
believed the group bore responsibility. At least one activist was subjected to extrajudicial
executions in Ouqab prison, amounting to the war crime of passing sentences and carrying
out executions without previous judgment pronounced by a regularly constituted court. 19
B.
Afrin and adjacent areas20
39.
Cases of detentions, killings, beatings and abductions, in addition to widespread
looting and appropriation of civilian homes, by a variety of armed groups operating under
the umbrella of the Syrian National Army have been documented, in a consistent, discernible
pattern previously documented in Afrin. 21 While some of those acts, such as abductions,
property looting and detentions, suggested financial motivation, the reported incidents
primarily affected Kurdish residents in Afrin and adjacent areas.
40.
Victims of abduction and detention were predominately male and of Kurdish origin.
Certain Kurdish residents were abducted several times. While deprived of their liberty,
individuals were subjected to torture and ill-treatment, with little access to food, in poor
hygienic conditions.
41.
Beyond these violations, large-scale property confiscation and looting of properties
have been widely reported. Syrian National Army fighters have placed family members in
some of the homes of Kurdish owners who fled the area and provided “rental contracts” to
newly accommodated individuals. In other cases, Syrian National Army fighters went to
civilians’ houses and requested property deeds from Kurdish owners who had stayed. On
occasions, returnees were left with no other option but to share their homes with family
members of Syrian National Army fighters who had moved into their residences. When
civilians complained to senior members of the Syrian National Army to reclaim their
property, they were met by threats and violence. The magnitude of property confiscation
prompted the establishment of a complaint mechanism within the structures of the Syrian
National Army, although residents indicated that it was largely ineffective.
42.
By perpetrating acts of looting and property appropriation, armed groups under the
umbrella of the Syrian National Army committed the war crime of pillaging and further
violated the right to enjoyment of possessions and property. 22 Moreover, the Commission
finds that there are reasonable grounds to believe that members of armed groups under the
umbrella of the Syrian National Army committed the war crimes of hostage-taking, cruel
treatment, ill-treatment and torture.23
43.
In addition, local residents consistently described numerous security threats, which
were likely committed by groups opposing the Syrian National Army, including shooting
incidents, car bomb explosions and other attacks using improvised explosive devices that led
to civilian casualties. In one such attack, on 16 December, a car bomb exploded in the Suq
al-Hal, killing at least 8 people and injuring 12 more.
44.
In addition, Tall Rif‘at, which is in neighbouring I‘zaz District and under the control
of the Syrian Democratic Forces, experiences regular shelling. In a shelling incident,
allegedly originating from Jariz near I‘zaz City, that occurred in the early afternoon on 2
19
20
21
22
23
Common article 3 of the Geneva Conventions.
Protection concerns prevent the Commission from disclosing certain information in this section, such
as place names, that could potentially be used to identify individual sources. In all cases, the
Commission remained guided by the “do no harm” principle.
A/HRC/42/51, para. 55–58.
See, for example, International Criminal Court, Prosecutor v. Germain Katanga, Case No. ICC01/04-01/07, Judgment, 7 March 2014, paras. 925–957; see also Universal Declaration of Human
Rights, art. 17.
See Henckaerts and Doswald-Beck, Customary International Humanitarian Law, rule 156.
9
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