UN Syria Commission calls for protection of civilians, humane treatment of ex-combatants and the safeguarding of evidence of crimes
16 December 2024
GENEVA -- All parties to the conflict in Syria must protect civilians, treat those who have laid down their arms humanely, and safeguard evidence of crimes to help ensure future accountability, the UN Commission of Inquiry on Syria said today. As the caretaker Government solidifies its control and conflict rages in northern Syria, the Commission stressed that all parties must fully comply with their obligations under international human rights and humanitarian law.
"The caretaker Government in Damascus as well as other parties in the Syrian conflict should ensure that their forces are abiding by their stated commitments to prevent violence and protect civilians, in particular the most vulnerable communities," said Paulo Sérgio Pinheiro, Chair of the Commission.
Meanwhile, the relief felt by Syrians when prisoners are freed from the former government's abominable detention facilities cannot be overstated. The Commission has investigated and reported on disappearances and violations in Syrian detention facilities since 2011. The Commission has found that the former government has committed the crimes against humanity of extermination, murder, rape or other forms of sexual violence, torture, imprisonment, enforced disappearance and other inhuman acts. Based on the same conduct, war crimes have also been committed.
The Commission stresses the critical importance of safeguarding all evidence and crime scenes, including mass grave sites, for forensic documentation and analysis. The caretaker Government should ensure that prisoner files are protected and preserved at the sites where they were found in a manner that ensures their utility in future accountability processes.
"For all those Syrians who do not find their loved ones among the freed, this evidence may be their best hope to uncover the truth about their missing relatives - alongside the testimonies of their fellow detainees who survived the most dreadful suffering and who have just been released," said Commissioner Lynn Welchman. "They have a right to the truth, and the evidence must not be destroyed or tampered with."
In light of the declaration of intent to hold perpetrators accountable, the Commission reiterates that any such trials must be public, transparent and undertaken with full respect for fair trial rights.
"Syrians deserve justice after near 14 years of brutal war, where almost every crime listed in the Rome Statute has been committed. Perpetrators should be brought to justice, especially those most responsible, and Syrians must be in the lead in shaping the justice and accountability response. The international community must be ready to support them," said Commissioner Hanny Megally. "Full justice for victims and survivors will undoubtedly need to be broader than trials and they should be allowed to pursue their demands for truth, reparations and legal and institutional reforms."
Fighting has continued in the northern, eastern, and northeastern parts of the country, while Israeli forces have advanced beyond the zone established by the May 1974 Agreement on Disengagement for the first time in 50 years and reportedly carried out more than 500 airstrikes. As the UN Secretary-General has stated, these are "extensive violations of Syria's sovereignty and territorial integrity."
United States forces have also conducted dozens of airstrikes on alleged Islamic State of Iraq and the Levant (ISIL) targets since 8 December, while reported airstrikes by Türkiye continued against targets linked to US-backed Syrian Democratic Forces in the northeast.
More than 1 million people have been displaced by hostilities since 27 November as the HTS-led coalition swept across the area controlled by the former Government, and the Turkish-backed Syrian National Army took over territory from the Kurdish-led SDF in the north.
In the midst of these historic days, the Commission once again renews its call for a nationwide ceasefire concerning all warring parties, including all States.
Humanitarian capacity to support those newly displaced, as well as those returning, is overstretched and urgently requires support. The Commission calls on Member States to rapidly meet this challenge and ensure that aid is made available without delay to support the 17 million Syrians in need.
It further reiterates its calls for urgent review or suspension of sanctions regimes to ensure they are not impeding such support. "As we have seen, sanctions cause disproportionate harm to the poor and most vulnerable, and now is the time to give Syrians the chance to rebuild their own country," concluded Commission Chair Paulo Sérgio Pinheiro.
ENDS
Background: The Independent International Commission of Inquiry on the Syrian Arab Republic was established on 22 August 2011 by the Human Rights Council through resolution S-17/1.The mandate of the Commission is to investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic. The Human Rights Council also tasked the Commission with establishing the facts and circumstances that may amount to such violations and of the crimes perpetrated and, where possible, to identify those responsible with a view of ensuring that perpetrators of violations, including those that may constitute crimes against humanity, are held accountable. The Human Rights Council has repeatedly extended the Commission's mandate since then, most recently until 31 March 2025.
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