A/HRC/37/72
from Government forces positions. It is therefore concluded that there are reasonable
grounds to believe that Government forces used chemical weapons in Harasta on 18
November.
16.
The use of chemical weapons is prohibited under customary international
humanitarian law regardless of the presence of a valid military target, including when used
against enemy fighters, as the effects of such weapons are designed to cause superfluous
injury and unnecessary suffering.
B.
Cluster munitions
17.
Pro-Government forces further used cluster munitions in densely populated civilian
areas on at least three occasions in eastern Ghutah during the period under review,
continuing a pattern previously documented in Douma (Rif Damascus), 3 Aleppo,4 Dayr alZawr,5 and Idlib.6 All three documented incidents took place over the span of four days.
Given their typically wide dispersal pattern and high dud rate, which continues to endanger
civilians years after a cessation of hostilities, cluster munitions are inherently indiscriminate
weapons when used in densely populated civilian areas. In such cases, including the two
incidents described below, their use constitutes the war crime of launching indiscriminate
attacks in a civilian populated area.
18.
At around 7 a.m. on 15 November, residents in Saqba awoke to the sound of
explosions, which injured seven persons, including one girl. Approximately half an hour
later, another explosion was heard. Eyewitnesses recalled that a few seconds later, a
number of smaller bombs exploded. In total, ten persons were injured including two women
and four children under the age of 15. Subsequently, on 18 November, at around 3.30 p.m.,
three weapons struck a residential area in Hammourieh. When rescuers were arriving to the
hospital with those injured by the first weapon, a second weapon released numerous
bomblets hitting the vicinity of the hospital, which was located in a residential area. One
man was killed and at least 25 persons were injured in the second incident, including three
children, one of whom received surgery. Images of weapons remnants taken at the scenes
of the 15 and 18 November incidents show multiple 3-O-8 rocket assisted mortar cargo
canisters and their O-10 submunitions. These are cluster bombs fired from either the M-240
towed mortar or 2S4 Tyulpan self-propelled mortar gun, both of which are systems that
Syrian and Russian forces are known to possess.
19.
Throughout the afternoon of the following day, on 19 November, Douma was struck
by a series of weapons resulting in the killing of six persons, including one child. The
weapons impacted residential areas and al-Quwatly street, one of the city’s main shopping
streets. Of the 143 injured in Douma throughout that day, 25 were women and 26 were
children. The victims sustained varying degrees of injuries with 50 requiring
hospitalisation. Photos provided by interviewees display typical fragmentation pattern from
cluster submunitions on concrete and a parachute for a O-10 cluster submunitions deployed
from rocket-assisted 240 mm cluster bombs.
III. Attacks against protected objects
A.
Schools
20.
Over the span of three weeks, between mid-October and early November, an
alarming number of schools and kindergartens were impacted by bombardments in eastern
Ghutah. Incidents that occurred in October were caused by ground shelling; in November,
schools were hit with air dropped munitions. Fearing further attacks, the majority of schools
3
4
5
6
A/HRC/34/CRP.3, paras. 57 and 59.
A/HRC/34/CRP.3, para. 54; A/HRC/34/64, paras. 33–35.
A/HRC/34/CRP.3, para. 58.
A/HRC/34/CRP.3, para. 56; A/HRC/36/55, para. 65 and annex II, para. 18.
23
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