A/HRC/43/57
not in place or the individual did not benefit from such utilities. This placed a prohibitively
expensive burden upon civilians.
78.
In areas such as Qusayr, Dar‘a and Darayya, certain segments of the civilian
population were compelled by pro-government forces to sell their property at greatly reduced
prices. Moreover, interviewees described that notices were put on houses stating that within
a month of the notice the claimant must appear before the cadastral office to file a claim.
However, the owners of the properties were often barred from entering the city within the
time period. In areas such as Qusayr, displaced persons returned to their homes and found
their houses being occupied by relatives of members of the security forces or armed groups.
79.
In areas such as Qadam, as well as in parts of Qabun, Damascus, displaced residents
were prevented by government officials from returning to their properties and visiting their
houses to inspect damages. If they were allowed, it was only for a few hours. Other residents
were informed by government officials that any permanent return to their homes, or
reconstruction of privately owned houses, was prohibited.
80.
Under the principles on housing and property restitution for refugees and displaced
persons, refugees and internally displaced persons should be protected from discriminatory
housing, land and restitution laws. 40 By imposing arbitrary restrictions on movements and
denying freedom of movement, in addition to unlawfully depriving individuals of their
property in previously besieged areas, including eastern Ghutah, government forces may
have committed the war crime of collective punishment. 41
V. Impact of the ongoing conflict
81.
As violence has engulfed life in the Syrian Arab Republic, civilians have fled their
homes in desperation searching for safe heavens. Often, individuals suffer on the basis of
multiple aspects of their identity, including their gender, age or ethnicity. Displacement
fragments communities and causes family separation, thus magnifying the impact of
civilians’ suffering and shaping negative experiences differently.
82.
Violence directed at the civilian population may particularly affect civilian women,
including those of particular ethnicities. It can also have devastating consequences for older
people, especially when access to basic services remains severely curtailed. Women and
children with physical and intellectual disabilities are adversely affected by the conflict, in
particular when compelled to relocate to displacement camps where health care is largely
absent.
A.
Internally displaced persons
83.
At the time of writing, displaced women, men and children remain scattered, including
hundreds of thousands living in overcrowded makeshift camps that dot the Syrian border,
with limited access to food, water, health care and medicine. Elsewhere, displaced civilians
remain reliant on already overstretched humanitarian assistance which, if interrupted, will
put their lives at risk. Approximately 6.1 million civilians are displaced in the Syrian Arab
Republic, while 5.6 million are registered as refugees outside the country.
Northern Idlib
84.
Battles waged by pro-government forces caused civilians to flee their homes in fear
and desperation. Thousands of Syrian women, men and children were forced to relocate to
overcrowded makeshift camps further north, straining already overstretched humanitarian
resources. Due to overcrowding, many were compelled to subsist under olive trees, with
40
41
See principles on housing and property restitution for refugees and displaced persons, principles 18–
19.
Special Court for Sierra Leone, Prosecutor v. Fofana and Kondewa, Case No. SCSL-04-14-A,
Judgment, 28 May 2008, para. 224. See also Henckaerts and Doswald-Beck, Customary International
Humanitarian Law, rule 103.
15
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