International Humanitarian Law in Syrian Civil War By- Khushboo Abrol
International Humanitarian Law in Syrian Civil War
Authored By- Khushboo Abrol
Submitted to: Dr. Ramesh Kumar Academic
task number: CA 1
Course code: LAW534
Abstract
Human rights and international humanitarian law have been flagrantly
violated by all parties to the Syrian
crisis. Targeting civilians is a particular offence committed by all parties. Rape and sexual assault have frequently
been employed by governments, ISIL, and extremist organisations as weapons of war. Serious transgressions of
international humanitarian law, such as war crimes, crimes against humanity,
and other flagrant violations of human rights, are committed by these groups
without consequence. The most conclusive source of information about human rights abuses during the Syrian crisis is reports by the International Independent Commission of Inquiry on the Syrian Arab Republic.
Reports from other human rights organisations, such as Amnesty International and Human Rights
Watch, as well as media coverage, support
their results.
Keywords
violated, extremist,
humanitarian law, targeting civilians.
1.
Introduction
Serious violations of international humanitarian law, including as war
crimes, crimes against humanity, and other flagrant
violations of human rights, are still being committed by parties to the conflict with impunity. The Idlib
governorate and western Aleppo countryside were subjected to indiscriminate aircraft bombing, artillery
shelling, and direct attacks on populations and civilian infrastructure, like as hospitals and gas stations. Additionally,
they barred and prevented civilian access
to humanitarian aid across the nation and trapped residents in southern Syria.
Security forces arbitrarily detained
refugees who were returning to their homes, subjected them to torture and other cruel abuse, and disappeared
them. Tens of thousands of people, including peaceful activists, aid workers, attorneys, and journalists, were
unjustly detained by government officials in the past year, and many of them suffered enforced
disappearances. With the help of Turkey, the Syrian
National Army (SNA) has persisted in kidnapping, torturing, and arbitrarily
detaining civilians in the northern
cities of Afrin and Ras al-Ayn. Children were arbitrarily detained in the north-east by the autonomous
administration, which was run by the Democratic Union Party (PYD), and moved to jails where they were
held alongside adults.1 The opposition armed group Hay'at Tahrir al-Sham
arbitrarily imprisoned and persecuted activists
and journalists in the northwest. The government failed to take
strong action to stop the spread of Covid-19 and denied thousands of people in south and north-east Syria access to
medical care. Due to their poor living conditions,
tens of thousands of internally displaced persons were at danger of getting
Covid-19. Under the tenet of "universal jurisdiction," some European
nations have looked into and prosecuted people who they believe committed crimes
against the law of nations in Syria. Executions were reported, and the
death penalty was still in use.2
2.
Background
Syria's conflict started
in 2011. The high rates of unemployment, extensive corruption, and lack of political
freedom infuriated a lot of people. Peaceful demonstrations began in March,
spurred on by the "Arab
spring" events in Tunisia and Egypt. However, the administration quickly
opposed the nonviolent protests. Protests broke out all over the country when
the authorities employed lethal force
to quell the discontent.3 Rapidly rising acts of violence eventually
gave way to a horrific war. The Syrian conflict has a large number of
participants. An uprising in Syria against
1 Abdul-Khalek RA, Kayyal W, Akkawi AR, Almalla M, Arif K, Bou-Karroum L, Health-related articles on Syria before and after the start of armed conflict: a scoping review for the lancet-American University of Beirut Commission on Syria. CONFL HEAL (2020).
2 El Arnaout N, Assessment
of the health needs of Syrian refugees
in Lebanon and Syria’s neighboring countries.
CONFL HEAL (2019).
the Syrian government and its president, Bashar al-Assad, served as the
catalyst for the conflict. Since then, numerous groups
have joined the war, many of them engaging in cross-group combat.
These organisations include the so-called Islamic State, the Free Syrian
Army (FSA), Kurdish Rebel Fighters,
Jabhat Fath al-Sham, Hezbollah, and the Syrian Democratic Forces (SDF). The conflict's development has also been influenced by other factors.4 The governments of Russia and Iran
have supported Syria. At the same time, Turkey, a number of Western nations,
and certain Gulf Arab states have backed the resistance. In the end, there is no distinct
frontline in this conflict. There are several sides involved in this
splintered battle. At least 11 million people have left their houses as of right now.5 Families continue to be evicted
from their homes due to escalating conflict,
and the current shelters need to be repaired after years of service. Many people are still experiencing an exhausting amount of
turmoil, and a clear route to calm remains elusive. Most refugees from Syria have remained in the Middle East. Over 90%
are being hosted by Syria's neighbours,
Lebanon, Jordan, and Turkey. Other families have migrated to Egypt, Iraq, or
North Africa, which are nearby. Some
refugees have emigrated to nations in Europe. In 2015, at the height of the European refugee crisis, 1.3
million Syrians applied for asylum, with the majority going to Germany, Sweden, Hungary, Greece, Austria, the
Netherlands, Belgium, Denmark, France, and Bulgaria.6
3.
Objectives of Research
·
To study Syrian
Civil War
·
To have a deep knowledge
about this socio-legal issue of refugee
crisis in Syria, which is affecting the lives of various individuals.
·
To be aware
of International laws that are acting to
safeguard Syrian refugees?
·
To learn about the root
cause of their displacement and how the community ended on this footing.
3 Doocy S, Internal displacement and the Syrian
crisis: an analysis
of trends from 2011-2014. CONFL HEAL (2015).
4 Price M, Gohdes
A, Ball P. Documents of war: understanding the Syrian conflict. SIGNIFICANCE (2015).
5 Ibid.
6 Guha-Sapir D, Civilian deaths
from weapons used in the Syrian conflict. BMJ CLINICAL RESEARCH
ED. (2015).
4.
Research
Methodology
The following
research is socio-legal research
and a doctrinal one. It concerns societies legal frame work and can therefore be called
socio-legal research. Thus, for my research work, I adopted the doctrinal Research methodology which is based on gaining
knowledge by means of thorough
study and analyzing different studies in order to gather precise data for
your research.
5.
Denial Of Humanitarian Access
Government soldiers
surrounded residents, denied them access to food, water, and other necessities, and persisted in preventing
UN humanitarian agencies from reaching the south and north. In order to force the armed opposition groups
to submit and leave, the government besieged
thousands of civilians in Daraa al-Balad from 24 June until mid-September
2021. Government forces prevented the
delivery of food, medical supplies, and other life-saving relief during the siege.7 A local said that the lone bakery in the area had shut down
after the flour ran out and that there
had been a 60-day food, electricity, and water shortage. Tens of thousands of
people still lived in substandard
conditions without access to healthcare, sanitary facilities, or clean water in the Rukban camp in the remote region known
as "the berm" between the Syrian and Jordanian borders.8 The government continued to deny UN help to this camp. Menbij
and Kobani, two towns in northeastern Syria, were shut off from UN agencies
by the government, leaving locals to rely mostly on aid from international
relief agencies and the Autonomous Administration, neither of which could
meet their demands.
The UN Security Council approved Bab al-Hawa crossing point on July 9 for
the delivery of UN humanitarian aid
from Turkey to northwest Syria, with a six-month conditional extension. The humanitarian catastrophe in northeast
Syria was made worse by the 2020 closure of the al-
7 Sparrow A, Almilaji K, Tajaldin B, Teodoro N, Langton P. Cholera in the time of war: implications of weak surveillance in Syria for the WHO’s preparedness-a comparison of two monitoring systems. BMJ GLOB HEALTH (2016).
8 Supra Note 2.
Yarubiyah border crossing, which prevented the UN from receiving aid from Iraq. The
government's access limitations and procedural hurdles
prevented UN agencies
and their implementing partners from providing enough
relief, particularly medical aid.9
6.
Analysis
· Freedom Of Expression And Assembly
Parts of northwestern Syria were under the control of Hay'at Tahrir
al-Sham, which persisted in suppressing
the right to free speech and assembly by arbitrarily imprisoning and harassing
media activists and journalists who
opposed the armed group's rule and ideology. For instance, it prohibited transmission of the
Orient News Channel in September.
The
Autonomous Administration's armed force, the Syrian Democratic Forces (SDF),
killed at least seven people on May
18 while dispersing a demonstration over rising fuel prices in the governorate of al-Hasakeh.10 To disperse demonstrators calling for the Autonomous Administration to cease the mandatory
military conscription of men between the ages of 18 and 21, the SDF opened fire on a demonstration
in Menbij on May 31. Only one demonstrator died.
· Right To Health
Similar
as in 2020, the government did not mount a forceful defence against the spread
of Covid- 19, failing to disclose
intelligibly and consistently about the epidemic in its jurisdiction. There were too few beds, oxygen tanks,
ventilators, and PPE at public hospitals, endangering hundreds of patients and medical personnel. According to the WHO, just 4.2% of Syrians had gotten at least one dose of the COVAX and bilateral
donations-delivered Covid-19 vaccination as of November 2021.11 People living
in north-east Syria had serious shortages of testing supplies, oxygen tanks, and ventilators as a result of the
government's restrictions on humanitarian aid deliveries and lack of support
for the
9 Alsaied T, Mawas A, al Sayah F, Kental A, Saqqur M. A new primary health-care system in the Syrian opposition
territories: good effort
but far from being perfect. Avicenna J Med. (2017).
10 Fujita K, Shinomoto S, Rocha LEC. Correlations and forecast of death tolls in the Syrian conflict. SCI REP (2017).
health system. Aid workers claimed
that NGOs were unable to guarantee a steady supply
of essential drugs to
treat diabetes, cardiovascular disease, and bacterial infections, as well as reproductive health
kits and post-rape
treatment, even though
the WHO and the UN Population Fund had previously provided these supplies internationally.12
One medical
professional in Menbij,
where the Syrian
government had barred
UN access, claimed
that due to a lack of supplies, they were forced to prioritise which
patients to treat from among those
with cancer, thalassemia, and diabetes. Government forces prevented people with
serious medical issues
from being transported to hospitals in places under government control
when Daraa al-Balad
was under siege. Additionally, they prevented access
for medical personnel
and supplies. Health
professionals claim that these measures
resulted in the deaths of sick
and injured persons.
· Refugees and Internally Displaced People’s Right
6.7 million people
had been internally displaced in Syria
since 2011, while 5.6 million
had sought safety
outside of the nation. The number of refugees returning to Syria, where
some of them faced detention, torture, and other ill treatment, as well as enforced disappearances, increased as a result of deteriorating humanitarian conditions
in surrounding nations and the resulting administrative and financial challenges to obtaining or renewing residency
permits.13 At least 36,000
individuals were displaced by the military
assault on Daraa al-Balad in July. The majority of them were housed by friends and family, while some were
placed in communal facilities like mosques and schools, where they had
limited access to food and medical
care.14
The majority
of those who were displaced lived in overcrowded, improvised camps and collective shelters
with little access to help, necessities like clean water, sanitation, food, healthcare, education, and employment prospects. More than 60,000
individuals, mostly women
and children,
11 Elamein M, Bower H, Valderrama C, Zedan D, Rihawi H, Almilaji K, Attacks against health care in Syria, LANCET (2017).
12 Mohammad Y, Rafea S, Latifeh Y, Khaddam A, Sawaf B, Zakaria
MI, Uncontrolled and under-diagnosed
asthma in a Damascus shelter during
the Syrian crisis (2018).
13 Abbas F, Sawaf B, Hanafi I, Hajeer MY, Zakaria MI, Abbas W, Peers versus professional training of basic life support
in Syria: a randomized controlled trial, BMC MED EDUC
(2018).
14 Supra Note 11.
were
staying in the al-Hol and al-Roj camps in the al-Hasake governorate.15
These people were refugees and
internally displaced persons from Syria and Iraq. The camps didn't offer a
suitable level of living and were
overcrowded.16 There was little access to food, water, and medical
care for the people living in the
camps. Children still have limited access to healthcare and education. Due to the lack of preventative measures,
all displaced persons in camps across Syria were at a higher risk of catching and being badly harmed by Covid-19.17
·
Right To Truth, Justice
and Reparation
Despite the UN Security Council's ongoing reluctance to send the
situation in Syria to the ICC, at least
four European nations conducted their own investigations into and prosecutions
of those suspected of committing war
crimes or other crimes against international law in Syria. An ex- security guard from Syria was given a four-and-a-half year prison term for crimes
against humanity on February
24, 2021 by the Higher
Regional Court in Koblenz, Germany,
for his part in the torture of demonstrators who had been arrested
there.18 A Syrian doctor accused of torturing patients in military hospitals in Homs and Damascus
was charged with crimes against humanity on July 15 by the German federal prosecutor's office. The doctor departed
Syria for Germany in 2015. On July 16, a Dutch court handed
down a 20-year prison term for war crimes committed in Syria by a former commander of an armed opposition
organisation who had applied for refuge in 2014.19 Two Syrian citizens
were given sentences
on August 26 by the Düsseldorf Higher
Regional Court in Germany. One, a media
activist, received a nine-year prison
term for recording
the execution of a
Syrian government soldier by the armed opposition group al-Nusra Front. For
"shielding the execution" and belonging to a "foreign
terrorist group," the other received a life sentence.20
15 Hallam R. Response to
Syria’s health crisis, LANCET (2013).
16 Sahloul E, Salem R, Alrez W, Alkarim
T, Sukari A, Maziak W, Cancer Care at Times of crisis and war: the Syrian example, J GLOBAL ONCOL (2017).
17 Ibid.
18 Van Berlaer G, Elsafti AM, al Safadi M, Souhil Saeed S, Buyl R, Debacker
M, Diagnoses, infections and injuries in northern Syrian children during the civil war: a cross-sectional study, PLOS ONE (2017).
19 De
Lima Pereira A, Infectious
disease risk and vaccination in northern Syria after 5 years of civil war: the MSF experience,
PLOS CURR (2018).
20 Doocy S, Lyles E. Humanitarian
needs in government controlled
areas of Syria, PLOS CURR (2018).
7.
Conclusion and Suggestions
There is still no obvious way to achieve peace. The battle in Syria has
evolved into a complex, three-front conflict.
It features Turkish-backed forces in the northwest who are engaged
in combat with Syrian government forces while simultaneously opposing Syrian Kurdish
rule in the northeast, which
is supported by the US.21 It is hoped that the new US President's
foreign policy will help Turkey and
the Syrian Kurds come to an agreement, but this could make any peace deal more
difficult.22 Forces in the northwest that are supported
by Turkey are emphatic that any peace
deal must call for the ouster of Syrian President Bashar al-Assad. Russia
and Iran, two nations that support
their governments, will be hesitant to take this into account.23 But
there is still hope. Families in Syria exhibit
tremendous fortitude and ingenuity by building houses,
operating businesses and schools, and providing some kind of normalcy for kids all while living
in displaced persons camps. Beyond the borders of
Syria, a new generation of young refugees is developing their talents and looking for solutions through higher
education, determined to reconstruct their devastated country when they can at last return.
·
Death Penalty
Many crimes continued
to carry the death penalty.
The government rarely
supplied information on executions
and only occasionally provided information on death sentences that were passed.24 However, on October 21, 2021, the Ministry
of Justice declared that those accused of starting the wildfires that
ravaged Syria in 2020 will be
executed.
21 Ballouk MA, Dashash M. Syria during the Syrian crisis: a cross-sectional epidemiological oral health survey BMC RES NOTES (2018).
22 Chen B, Shrivastava A, Steorts RC. Unique entity estimation with application to the Syrian conflict, ANN
APPL STAT (2018).
23 Ibid.
24 Guha-Sapir
D, Schlüter B, Rodriguez-Llanes JM, Lillywhite L, Hicks MHR. Patterns of civilian and child deaths due to war-related violence in Syria: a comparative analysis
from the violation documentation center dataset, 2011– 16, LANCET GLOB HEALTH, (2018).
8.
References
1. Harrison S,
Dahman R, Ismail M, Saada E, Hassan M, Hassan R, et al. Against all odds’: UNHCR’s mental health and psychosocial support
programme for Iraqi
refugees and internally displaced Syrians. Intervention. https://doi.org/10.1097/01.WTF.0000431851.46268.f8.
2. Roumieh M,
Bashour H, Kharouf M, Chaikha S. Prevalence and risk factors for postpartum depression among women seen at primary
health care Centres in Damascus. BMC Pregnancy
Childbirth. https://doi.org/10.1186/s12884-019-2685-9.
3.
Terkawi AS, Bakri B, Alsadek AS, Alsibaee RH, Alasfar
EM, Albakour AH, et al. Women’s health
in northwestern Syria: findings from healthy-Syria 2017 study. Avicenna J Med. https://doi.org/10.4103/ajm.AJM_190_18.
4. Leresche E, Truppa C, Martin C, Marnicio A, Rossi R, Zmeter C, et al. Conducting operational research in humanitarian settings: is there a shared path for
humanitarians, national public health authorities and academics? https://doi.org/10.1186/s13031-020-00280-2.
5.
Syrian Network for Human Rights.
Record of Arbitrary
Arrests. http://sn4hr.org/blog/2018/09/24/record-of-arbitrary-arrests1/.
6.
Siege Watch. Siege Watch: final report – out of sight, Out of Mind: The Aftermath of Syria’s Sieges.
Available from: https://siegewatch.org/wp-content/uploads/2015/10/pax-siege-watch- final-report-spread.pdf.
7.
Coutts A, Fouad FM, Abbara A, Sibai AM, Sahloul Z,
Blanchet K. Responding to the Syrian health crisis:
the need for data and research. The lancet. Respir Med. https://doi.org/10.1016/S2213-2600(15)00041-7.
8.
Ghbeis MB, Steffen KM, Braunlin EA, Beilman GJ, Dahman
J, Ostwani W, et al. Tele- pediatric intensive
Care for Critically ill Children in Syria. Telemed
J e-Health. https://doi.org/10.1089/tmj.2017.0216.
9.
Alrifai A, Alyousef T, Fanari Z. Tele-cardiology in
the Syrian war. J Am Coll Cardiol. https://doi.org/10.1016/j.jacc.2018.01.001.