In a report released in April 2020, the United Nations Headquarters Board of Inquiry (The Board) pointed fingers to Syrian and Russian forces for carrying out attacks on facilities such as hospitals and refugee camps in Syria.

The Board commenced investigations in August 2019 into incidents which had occurred in Syria since 17th September 2017. The investigation closely reviewed the attacks on facilities which were on the UN’s deconfliction list, or supported by the UN such as: schools, health care centres, refugee camps, hospitals, and protection centres.

The Secretary General of the UN summarised the report finding that the Board considered that it was “highly probable” that the airstrikes that destroyed the reviewed facilities were caused by the Syrian government or its allies. As of February 2020, approximately 300 civilians were killed and 93% of those attacks were instituted by Syrian and Russian forces.

THE AIRSTRIKES ON NON-MILITARY OBJECTS ARE A BREACH OF INTERNATIONAL HUMANITARIAN LAW 

The UN Human Rights Council has initiated an Independent International Commission of Inquiry (IICI) on Syria. The Commission’s aim is to investigate the violations of international human rights since the beginning of the Syrian Civil War. 

The IICI’s recent findings for the period 11 July 2019 to 10 January 2020 indicates a surge in the continuous violations of human rights against civilians, demonstrating a total disregard for civilian life. For example, on 22 July 2019 a series of airstrikes were launched at a market surrounded by housing and killed approximately 43 civilians (including 3 girls and 1 boy) and injured around 109 people.

The airstrikes also destroyed residential buildings and 25 shops. It was confirmed that there were no military objectives within the vicinity. These acts are a clear violation of the Geneva Convention (IV) on Civilians.

The attacks upon civilians and non-military objectives are causing an influx of displaced civilians. As of the 17 April 2020, there were 5,559,224 registered Syrian Refugees and approximately 6.1 million displaced people within Syria; these figures are only bound to increase if attacks on civilians are not immediately stopped. 

OFFICERS GO ON TRIAL IN GERMANY FOR CRIMES AGAINST HUMANITY IN SYRIA

Article 8 of the Rome Statute of the International Criminal Court (ICC) condemns violence upon civilians, which includes attacks on buildings dedicated to religion, education, hospital, art, science etc. Attacks on these structures are designated as war crimes. However, Syria is not a signatory party to the Rome Statute, which means that the ICC does not have jurisdiction to investigate the government’s actions. 

The UN Security Council has the ability to refer a matter to the ICC. Nevertheless, as Russia is an ally of Syria they would likely veto any referral by the Security Council.

Anwar R. and Eyad A. were government intelligence officers who fled Syria and sought asylum in Germany, where they were subsequently arrested in 2019. Anwar has been charged with 58 counts of murder, rape, and sexual assault and Eyad has been charged with torturing at least 30 activists who protested against the Assad regime in March 2011 - the date marking the beginning of the Syrian war. 

A German court will hear this case in terms of the laws of universal jurisdiction, which allows a state to prosecute a person accused of international crimes regardless of where the alleged offence occurred. 

The atrocities in Syria have been ongoing for more than nine years and the start of this trial is probably the beginning of finally bringing people to justice for the harm and violence caused over the years. If the officers are brought to justice, this may influence and hopefully dissuade other countries from violating civilian rights in the future.  

After having completed the Bar Professional Training Course (2018), Safia currently working as a Costs Advisor in a law firm. Her life goal is to make a positive change in the society we live in, no matter how small that change might be.

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