The 55th Session of the Human Rights Council
26 February – 5 April 2024
ITEM 4: ID with the Commission of Inquiry on the Syrian Arab Republic
33rd meeting of the Human Rights Council
18th and 19th March 2024
By Tareq Jarrad/ GICJ
Executive summary
On the 18th of March 2024, during the 33rd meeting of the Human Rights Council, Mr P. Sergio Pinheiro, chair of the Independent International Commission (COI) of Inquiry on the Syrian Arab Republic, presented the findings of the report submitted pursuant to Human Rights Council resolution 52/30. The findings cover the period between 1 July to 31 December 2023 and are based on 528 interviews and various resources from the United Nation and non-governmental organisations.
The report highlights the political and economic development in the country for the mentioned period and focuses on the various Human Rights and International Humanitarian Law violations by all parties in the conflict in most regions of the country; and in both the Syrian government and non-government-controlled areas.
States which have engaged in the interactive dialogue discussed many challenges and consequences of the Syrian crisis that Syrian people continuously faced for 13 years, including lacking humanitarian aid, violations of human rights and international humanitarian law, detentions, internal displacement, unilateral coercive measures, impunity, etc.
Amid significant escalation of hostilities and the findings of the COI report, states have called for the prioritisation of the Syrian crisis on the political agenda, further calling for a political solution for the crisis in Syria, as well as an end to the suffering of the Syrian people rooted in human rights and respect of the territorial integrity of Syria.
Report of Mr. P. Sergio Pinheiro, COI of Inquiry on the Syrian Arab Republic
On 18th of March, during the 33rd meeting of the Human Rights Council, Mr P. Sergio Pinheiro, chair of the Independent International Commission (COI) of Inquiry on the Syrian Arab Republic stated that Syria has become a more dangerous place to live, and the country has witnessed the largest escalation of violence in 4 years. He highlighted that, one year after the earthquake, in addition to a deep economic crisis, daily lives of civilians worsened with 3 out of 4 people inside the country needing humanitarian aid such as food, water and medical care.
Mr. Pinheiro condemned the various violations of International Humanitarian law and International Human Rights law in Syria by all parties involved in the conflict and called for an immediate ceasefire. He reaffirmed the rights of children to liberty and freedom, and called for the release of more than 30,000 children held in detention in conditions amounting to inhumane and degrading treatment after the territorial defeat of Daesh (ISIS) in Syria. He also called on all states and the Syrian government to softly ensure the repatriation and reintegration of those children in society, while pursuing efforts toward accountability of Daesh crimes.
On internal fighting, the commission had documented attacks on schools and markets by Russian and Syrian forces in the controlled area of the opposition in Idlib, with hundreds of civilians killed and injured and more than 12 '000 civilians displaced. The commission reported the use of internationally prohibited cluster munitions in heavily populated areas of Idlib. Hospitals in the northwest of Syria are considered as ‘at risk’ places to be and attacks on power stations by Turkish forces deprived nearly a million people of water for weeks.
Mr P. Sergio Pinheiro added that humanitarian aid continues to be at risk of disapproval by the Syrian government and hindering by international sanctions. He added that at least 35 Israeli attacks against Syria occurred since October targeting major airports affecting vital United Nations humanitarian air service.
On Refugees, Mr. Pinheiro added that the number of Syrian refugees applying for asylum in Europe has reached a peak over the last 7 years, while the number of refugees returning to Syria has decreased by 27%.
In conclusion, he urged council members to not lose sight of the Syrian crisis. He added that Syrians face unprecedented hardships, with the number of Syrians requiring humanitarian aid has reached never-before-seen levels since the start of the crisis. He stressed the need for a ceasefire in Syria to end the conflict and find an inclusive path for a politically just settlement.
Interactive Dialogue
The representative of the Arab Syrian republic criticised the commission for its “political function” and its “instrumentalisation to spread a misleading narrative about the situation in the Syrian Arab republic”, adding that the commission serves as a mere tool in the hands of nations who invest in terrorism and who perceive the cause of human rights as a political game. The Syrian representative emphasised that the report is filled with “fabricated lies” created to back the stance of the commission's state sponsors. However, the report neglects to address the accountability of these states for their actions. He pointed out that the crimes committed by the countries sponsoring the commission’s mandate deserve to be condemned, such as Israel’s occupation of Syria and their attacks against residential neighbourhoods, the Turkish and American illegal military activities in the country and plundering of natural resources, among others. On the other hand, the representative of the Arab republic of Syria reaffirmed the renewing of its country’s commitment to cooperate with the United Nations, as well as other partners, with the goal of improving not only the humanitarian situation of all Syrians, but also the delivery of humanitarian aid to areas beyond the government’s control in the northwestern parts of the country.
The European Union called for the situation in Syria to be referred to the International Criminal Court. The EU representative also called for an end to violations of IHL and IHRL by all parties to the conflict in Syria, particularly the regime. He reaffirmed that the EU believes that a political solution is the only sustainable path towards peace in Syria in line with United Nations security council resolution 2254.
The representative of Estonia, on behalf of the Nordic Baltic countries, expressed a deep concern on continued patterns of alleged war crimes and violations of IHL and IHRL, particularly by the Syrian regime and its allies. She stressed the vital importance of ensuring accountability for all related violations.
In her statement, the representative of Canada, on behalf of cross regional countries, expressed her regret towards Syria’s continuous violations of international law. She has added that violation of IHL and IHRL in Syria cannot be left unpunished, and a political path towards a solution can be only achieved if the perpetrators are held accountable and victims obtain justice. Enforcing the provisional measure issued by the ICJ to stop torture and inhuman and degrading treatments is the first step towards much needed accountability and justice for Syrian civilians. She posed the question of how to improve collaboration with Syrian civil society to identify and address ongoing violations, such as torture and detention, within Syria.
The representative of Qatar emphasised that if the conflict in Syria persists, it will keep causing suffering for the Syrian people. He urged the international community to keep pushing the Syrian government to restart discussions on the constitution, as outlined in Security Council Resolution 2254. This is seen as a crucial step to establish circumstances that would allow Syrian refugees to return home safely and with dignity. He urged everyone to take measures towards ending impunity and ensuring accountability and justice for all human rights violations committed against the Syrian people. The representative of Turkey also stressed that the challenges in Syria can only be resolved through a political solution in line with SC resolution 22/54 and called on the Syrian government to resume the work of the constitutional committee.
The representative of Costa Rica highlighted the increasing hunger faced by Syrians, ongoing attacks on densely populated areas and schools, as well as the precarious conditions endured by IDPs. He urged Syrian factions to take action to prevent the recruitment of minors and to ensure that refugees wishing to return home voluntarily are able to do so without facing any reprisals.
Many states have voiced their support for the provisional measures issued by the International Court of Justice aimed at halting acts of torture and other forms of inhuman and degrading treatment. They have also welcomed the establishment of an independent institution to address the issue of missing persons. Furthermore, they have emphasised the importance for the Syrian regime to uphold the rights of refugees to safely return home without facing any reprisals. Additionally, there have been calls for mechanisms to be put in place to end impunity and hold accountable those responsible for violations of International Humanitarian Law and International Human Rights Law. Many states have echoed the commission chair's appeals for all parties involved in the Syrian conflict to adhere to both IHL and IHRL and to pursue a peaceful political resolution in accordance with Security Council Resolution 2254.
Some states have echoed the criticisms voiced by the representative of the Syrian Arab Republic to the commission and have opposed politically motivated interventions, citing that such actions hinder the Syrian government's efforts to fulfil its human rights obligations. The representative of Iran further emphasised that measures aimed at alleviating the suffering of the Syrian people should include an end to unilateral coercive measures, reconstruction of infrastructure destroyed by various factions, and cessation of the exploitation of national resources, among others. Similarly, the representative of Zimbabwe expressed her country's opposition to politically motivated interventions, arguing that they undermine constructive efforts to meet human rights obligations. She also highlighted how secondary sanctions have exacerbated the situation and impeded development efforts in the country. Some other representatives added that unilateral sanctions have exacerbated humanitarian hardships on the ground and emphasised that the human rights situation should be guided by principles of objectivity, impartiality, and non-selectivity.
The representative of Egypt expressed solidarity with the people of Syria and reaffirmed the need for a peaceful political solution to end their suffering. He emphasised the importance of solving the crisis and all the challenges it causes, which further prolong the conflict, including the proliferation of armed groups and foreign meddling.
The representative of China called out the violations committed by the United States of America and the United Kingdom, particularly the massive civilian casualties and mass displacement caused by airstrikes in Syria. He added that their intervention seriously undermines the social and economic development of the country, urging the cessation of illegal military interventions and encouraging efforts to support the country's development initiatives.
Non-governmental organisations joined the interactive dialogue to address the COI report and the human rights situation in Syria. Representatives of NGOs called for an end to impunity for all crimes committed by parties involved in the conflict. They also urged for increased support for humanitarian aid, backing for the mandate of the institution dealing with missing persons, stronger accountability for violations of IHL and IHRL, and prioritisation of women's rights, among others. The International Bar Association highlighted the rights of Yazidi missing persons and called on the international community and the commission to identify practices to protect the Yazidis from genocide.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) joins the Commission in urging all states including the Syrian government to promptly release the children detained in its prison camps. GICJ supports efforts aimed at ending impunity for violations of IHL and IHRL and ensuring accountability for those responsible, calling on the Syrian authorities to act decisively in this regard instead of engaging in political manoeuvring to divert attention from the commission's findings. Furthermore, we call for the COI to ensure non-selectivity and objectivity in addressing the violations committed by all parties involved in the conflict. We advocate for a politically sustainable solution that ensures dignity and security for the Syrian people, leading to the resolution of the Syrian crisis.
