A/HRC/37/72
attack, including women and children. Photos of remnants provided by interviewees
indicated that RBK-250 and RBK-500 cluster bombs were used. The use of cluster
munitions in civilian populated areas is inherently indiscriminate (given their typically wide
dispersal pattern and high dud rate, which continue to endanger civilians years after the
cessation of hostilities). They are therefore prohibited by customary international
humanitarian law. Their use by pro-Government forces in Dayr al-Zawr city constitutes the
war crime of indiscriminate attacks in a civilian populated area.
V. Internally displaced persons
57.
At least 6.5 million Syrians have been displaced within the Syrian Arab Republic as
a result of hostilities, including almost 3 million children. Well over one million Syrian
civilians were displaced in 2017. Displacement comes in many forms. In some instances,
pro-Government forces have repeatedly attacked civilian infrastructure in besieged areas,
leading to the displacement of civilians who were able to flee, and thousands of civilians
have been forcibly displaced in the framework of reconciliation, which often entails local
truces and evacuation agreements.15
58.
Many civilians who were forcibly displaced from opposition-held areas found
themselves accommodated in schools in Idlib, which were ill-prepared to receive them.
Others had no choice but to reside in overcrowded camps or unfamiliar towns, where they
lacked basic resources. In Idlib and the neighbouring Aleppo countryside, internally
displaced persons live under near-constant bombardment (see paras. 77–79) and do not
receive sufficient humanitarian aid. Pursuant to evacuation agreements, pro-Government
forces have transferred populations sympathetic to it to areas under Government control in
Homs, Tartous and Ladhiqiyah governorates, where conditions are starkly better.
59.
In other situations, civilians have been displaced as a result of hostilities or have fled
in advance of clashes. Operations against ISIL in Raqqah and Dayr al-Zawr triggered one
of the single largest waves of internally displaced persons since 2011. By June 2017, tens of
thousands of Syrians from Raqqah and Dayr al-Zawr had begun perilous journeys to
escape, crossing frontlines and risking landmines, to relocate to desert camps administered
by the Syrian Democratic Forces in northern Raqqah and Hasakah governorates. The total
number of persons who fled Raqqah and Dayr al-Zawr stands at 320,000. In northern
Raqqah and Hasakah, the Syrian Democratic Forces have interned 80,000 internally
displaced persons in order to vet them for possible connections to ISIL. Irrespective of the
legitimacy of a security threat, the blanket internment of all internally displaced persons
from Raqqah and Dayr al-Zawr by the Syrian Democratic Forces cannot be justified.
Among the civilians currently interned are women, children, the elderly and infirm,
disabled persons and others who do not represent any imperative security threat and whose
continued detention is manifestly unnecessary on any grounds. In many instances, the
ongoing internment of those individuals amounts to arbitrary deprivation of liberty and the
unlawful detention of thousands of individuals.
VI. Returnees and barriers to return
60.
In addition to the precarious situation of those who have been internally displaced
within the country, up to 600,000 Syrians have returned from abroad and are also internally
displaced persons since they could not return to their homes. Throughout Raqqah city,
booby traps and landmines planted by ISIL and explosive remnants from airstrikes prevent
the feasibility of civilian return. No civilians who had been forcibly displaced to Idlib under
local truces and evacuation agreements have returned to their homes.
15
The Commission has previously documented the forcible displacement of civilians by Government
forces from eastern Aleppo city (see A/HRC/34/64, para. 93), Madaya (Rif Damascus), Barza,
Tishreen and Qabun (eastern Damascus) (see A/HRC/36/55, para. 35) to Idlib governorate.
13
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