A/HRC/28/69
peace remains imperative. Any further delay or inaction will only contribute to the
spread of extremism, the surge in foreign fighters, terrorism and the destabilization of
the region.
138. That perpetrators have, for more than four years, committed crimes that shock
the conscience of humanity raises questions about the inadequacy of the response of
the international community. The Syrian authorities have demonstrated their
unwillingness to bring perpetrators to justice. Extremism and terrorism proliferate
daily, with groups such as ISIS and Al-Nusra carrying out unspeakable atrocities.
139. Considering the gravity of the findings of the Commission, it is crucial for the
international community to adopt a common and effective strategy to address the
impunity gap in the Syrian Arab Republic. The referral of the situation in the Syrian
Arab Republic to the International Criminal Court through the Security Council
remains a key option; however, the current lack of consensus among the permanent
members of the Council invites the urgent consideration of establishing an
international ad hoc tribunal.
140. The long-standing position of the Commission has been that its investigation
methodology does not meet the normal requirements of due process, and
consequently, alleged perpetrators of war crimes and crimes against humanity should
not be named. After four years of intensive monitoring and the submission of four
confidential lists of perpetrators, however, not to publish names at this juncture of the
investigation would be to reinforce the impunity that the Commission was mandated
to combat.
141. The Commission deems that it should interpret its mandate in a way that is
most conducive to the protection of the victims of the conflict and their right to the
truth. It is the Commission’s hope that putting alleged perpetrators on notice will
serve to maximize the potential deterrent effect of the findings of the Commission and
help to protect people at risk of abuse.
B.
Recommendations
142. The Commission of Inquiry reiterates the recommendations made in its
previous reports, and makes those below.
143.
The Commission recommends that all parties:
(a)
Comply effectively with human rights, international humanitarian law
and relevant Security Council resolutions, and use their influence to ensure that the
individuals and groups supported by them also comply therewith;
(b)
Combat the spread of violations, extremism and terrorism by bringing
perpetrators to justice, while tackling root causes and promoting social inclusion and
peaceful alternatives to violent narratives;
(c)
Offer effective protection and assistance to civilians, including refugees
and internally displaced persons, such as by providing safe spaces and access to basic
necessities;
(d)
Demand that all parties take effective measures to end all forms of
unlawful recruitment of children or their use in hostilities;
(e)
Respect the principle of non-refoulement and share the burden through
a variety of measures, including resettlement of refugees, support for affected local
populations and adequate response;
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