The Human Rights Council this morning held an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic. The Council also concluded its interactive dialogue with the Independent International Commission of Inquiry on Ukraine.
Paulo Sérgio Pinheiro, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said last week Syrians marked 12 years of continuing crisis and conflict that had killed over 300,000 civilians and injured many more. The latest report documented attacks in the northwest, during which hundreds of civilians were killed and injured. Syrian Government forces killed and injured dozens of civilians in a cluster bomb attack on seven displacement camps in Idlib governorate. In northern Aleppo, they killed and injured at least 45 people in a rocket attack around a busy market. These and other attacks could amount to war crimes. Detention and related violations by State security forces were among the underlining root causes of the Syrian conflict. Twelve years on, arbitrary arrests and torture, enforced disappearances, and deaths in detention continued.
Mr. Pinheiro said that in areas outside government control, the Syrian National Army and extremist group members tortured detainees and held many incommunicado, some for years, in acts tantamount to enforced disappearance. In al-Hawl and Roj camps, some 56,000 people, mainly women and children, assumed to be families of Daesh members, subsisted in conditions that amounted to cruel or inhuman treatment and constituted the war crime of outrage upon personal dignity. The increasing numbers of repatriations of children and their mothers by some States were welcomed. All Member States were urged to act with speed to repatriate their nationals.
Syria, speaking as a country concerned, categorically rejected the mandate of the Commission and its fabricated report presented to the Council, which constituted a continuation of the Commission's approach since its establishment. The Commission was supposed to rely on impartiality, objectivity, and credibility in its work, but its reports over the past years had proven to be politicised and immoral, and relied for its information on false witnesses, open sources, and fabricated evidence. The authors of the report had deliberately ignored the crimes of terrorist armed groups over the past years. Their fabricated report did not contain any reference to these crimes or these groups. The authors of the report, with full knowledge, adopted fabricated evidence and manipulated the information, the narrative and analysis of the facts, and used cunning phrases and vague terminologies, in order to make baseless accusations against the Syrian Government and its allies.
In the discussion on Syria, some speakers expressed firm support for the Commission's work and mandate. The Commission's conclusion that there had been "pervasive violations of human rights and humanitarian law across the country" were highly concerning. Speakers said they were particularly worried by the continued patterns of crimes against humanity and war crimes committed by the Syrian Government. They condemned the violations and abuses of human rights and of international humanitarian law by all parties to the conflict, especially by the Syrian regime and its allies.
One speaker said the update of the Commission was based on fabricated information that lacked impartiality and independence. This was an obvious politically motivated approach and another attempt to manipulate the Human Rights Council. Some speakers noted that years of coercive unilateral measures had exacerbated the crisis and weakened the capacity of Syria to act in the face of disaster. Countries should create conditions conducive to the economic development of Syria and the promotion and protection of human rights.
Speaking in the discussion were European Union, Norway on behalf of the Nordic-Baltic States, Liechtenstein, United States, Qatar, Ireland, Ecuador, Israel, Germany, Japan, United Arab Emirates, Belgium, China, Luxembourg, Cyprus, Democratic People's Republic of Korea, Costa Rica, Poland, Venezuela, Zimbabwe, Egypt, Netherlands, Iraq, United Kingdom, Malaysia, Albania, Greece, Türkiye, Jordan, Malta, Georgia, Lao People's Democratic Republic, Chile, Australia, Iran, Belarus, Romania, Sri Lanka, Cuba, Brazil, Nicaragua, Ukraine, Sudan, Russian Federation, Kuwait, France, Italy, Switzerland, and Belarus.
Also speaking were Women's International League for Peace and Freedom, Every Casualty Worldwide, International Council Supporting Fair Trial and Human Rights, World Jewish Congress, New Humanity, Cairo Institute for Human Rights Studies, Palestinian Return Centre Ltd., Physicians for Human Rights, Centre Europe - tiers monde, and International Service for Human Rights.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Independent International Commission of Inquiry on Ukraine. The interactive dialogue started in the previous meeting and a summary can be found here.
Pablo De Greiff, Member of the Independent International Commission of Inquiry on Ukraine, in concluding remarks, said the construction of a comprehensive accountability system was a long-term process that was resource and information intensive. It was important to coordinate efforts in order to achieve accountability. It was important to adopt a prioritisation strategy for the Ukrainian prosecutors, given the amount of cases the office faced. It was imperative to have a plan for these scarce resources. The creation of a missing persons unit with sufficient human capacities, and the creation of a DNA bank, which would be important for the recovery of children, were important initiatives which could be started right now.
Also speaking in concluding remarks, Jasminka Džumhur, Member of the Independent International Commission of Inquiry on Ukraine, said the Commission had not been able to establish cooperation with Russian authorities or visit the occupied territory. The focus of the investigation should be on children who were sent to camps. The best interest of the child was a principle which must be respected by all States. States should facilitate the return processes of Ukrainian children and make efforts to provide reunification with their parents.
Erik Møse, Chair of the Independent International Commission of Inquiry on Ukraine, in concluding remarks, said genocide was not mentioned in the report but the issue had been considered. Considering the evidence, the Commission had concluded it was not possible to conclude a genocide at this point. There were certain efforts which were concerning and these would continue to be investigated.
In the discussion on Ukraine, some speakers said the work of the Commission of Inquiry would allow for appropriate accountability for victims and serve as a basis for bringing perpetrators to justice. All parties should cooperate with its mandate and ensure its independence. Psycho-social support must be made available for the victims. An accountability mechanism must be established, and the conflict must be kept on the agenda of the Security Council. The violations amounted to war crimes, and to crimes against humanity.
Some speakers said the accusatory report by the mechanism sought to further the egotistic policy of the West, adding that the West was altering States, and those who opposed this were called human rights violators, subjected to humanitarian disasters and pressure. The Ukrainian authorities had a growing appetite for weapons, leading to further disaster. Some speakers rejected non-consensual and divisive mandates as they reflected the degree of polarisation of the Council, and the use of human rights by some countries.
Speaking in the discussion on Ukraine were Uruguay, Guatemala, Republic of Moldova, Austria, United Kingdom, Argentina, Spain, Albania, Greece, Türkiye, New Zealand, Malta, Georgia, Chile, Malawi, Montenegro, Australia, Croatia, Romania, Bulgaria, Slovenia, Sweden, Belarus, Ghana, Syria, Iran, Netherlands, Italy, and Nicaragua.
Also speaking were Institute for Human Rights, Physicians for Human Rights, Institute for Reporters' Freedom and Safety, International Federation for Human Rights Leagues, World Federation of Ukrainian Women's Organizations, Human Rights House Foundation, International Bar Association, Amnesty International, and Save the Children International.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-second regular session can be found here.
The Council will reconvene this afternoon at 3 p.m. to hold an interactive dialogue with the International Commission of Human Rights Experts on Ethiopia, followed by an interactive dialogue on the High Commissioner's oral update on Venezuela.
Interactive Dialogue with the Independent International Commission of Inquiry on Ukraine
The interactive dialogue with the Independent International Commission of Inquiry on Ukraine started in the previous meeting and a summary can be found here.
Discussion
Some speakers expressed concern at the content and conclusions of the report, referring to war crimes and crimes against humanity in Ukraine. The human rights violations committed by the Russian Federation were condemned, including using explosive ordinance in civilian areas, causing deaths and destruction. The effects on the population, especially on children, were colossal, and would have long-term consequences. The unprovoked and unjustified attack by the Russian Federation was condemned. The murders, extra-judicial killings, rape, child rape, torture and forced disappearances were condemned, as were the removals of Ukrainian children to Russia, a cruel and illegal practice which ran counter to international treaties that Russia had acceded to.
Thousands of innocent people had lost their lives, and millions had been forced to leave their homes and their country. The destruction of the energy grid was in clear violation of international law, leaving children, the elderly and the sick without vital services. This brutal war had caused enormous destruction and inconceivable human suffering. Russia was not just conducting a war against Ukrainian territory and statehood, but a war against Ukrainian civilians, the people - and the very identity - of Ukraine. Civilians lived in fear, underwent filtration, deportation and arbitrary detention. The authorities had committed broad violations of international law and international humanitarian law in many areas of occupied Ukraine. All parties to the conflict must respect both international law and international humanitarian law.
Some speakers said the work of the Commission of Inquiry would allow for appropriate accountability for victims and serve as a basis for bringing perpetrators to justice. All parties should cooperate with its mandate and ensure its independence. Psycho-social support must be made available for the victims. An accountability mechanism must be established, and the conflict must be kept on the agenda of the Security Council. The violations amounted to war crimes, and to crimes against humanity. Many speakers thanked the Commission of Inquiry for the important work they had been doing and called on all States to support the extension of the Commission's mandate by the Human Rights Council. The report demonstrated a consistent pattern of violations of rights committed by the Russian forces: all violations described provoked horror, speakers said.
The findings of the Commission were based on evidence, as were the forced transfer and deportation of children, which had prompted the International Criminal Court to issue indictments against President Putin and his henchwoman for war crimes against the youngest Ukrainians, but also crimes that were explicitly part of the 1948 Genocide Convention. Some speakers welcomed the International Criminal Court's investigation of war crimes and crimes against humanity. The Commission should be granted access to the Donetsk region, including Mariupol, in order to be able to assess whether the bombardment of Mariupol and the siege of the city constituted a crime against humanity.
Some speakers said the accusatory report by the mechanism sought to further the egotistic policy of the West, adding that the West was altering States, and those who opposed this were called human rights violators, subjected to humanitarian disasters and pressure. The Ukrainian authorities had a growing appetite for weapons, leading to further disaster. The international community must stop this growing movement towards the abyss: the Council must start the peace process if it wished to support peace. Some speakers rejected non-consensual and divisive mandates as they reflected the degree of polarisation of the Council, and the use of human rights by some countries. The mandate disregarded the main reasons that led to the current crisis: the expansion of the North Atlantic Treaty Organization based on the doctrine of liberal hegemony and democratic peace, that led to stereotypical political systems ignoring the specificities of cultural backgrounds.
Questions raised asked that given the difficult circumstances and the importance of the work carried out by the Commission, how could the Human Rights Council continue to support it; how could the Council ensure that those responsible for violations against Ukraine's children were held to account; what was the view of the Commission members on how the international community could best practically support international accountability efforts and justice for human rights abuses in Ukraine; and in what ways could civil society, both national and international, aid the Commission in fulfilling its mandate?
Concluding Remarks
JASMINKA DŽUMHUR, Member of the Independent International Commission of Inquiry on Ukraine, said data needed to be established from both sides. The Commission had not been able to establish cooperation with Russian authorities or visit the occupied territory. The focus of the investigation should be on children who were sent to camps. The best interest of the child was a principle which must be respected by all States. States should facilitate the return processes of Ukrainian children and make efforts to provide reunification with their parents. It was important for States to ensure legislation in line with international standards, establishing clear procedures. The issue of missing persons required cooperation with institutions. Without this, justice would not be fully achieved.
PABLO DE GREIFF, Member of the Independent International Commission of Inquiry on Ukraine, said the adoption of a broad notion of accountability was a distinctive contribution that the Commission could make to the debate. The construction of a comprehensive accountability system was a long-term process that was resource and information intensive. It was important to coordinate efforts in order to achieve accountability and there were examples where this had succeeded. It was important to adopt a prioritisation strategy for the Ukrainian prosecutors, given the amount of cases the office faced. It was imperative to have a plan for these scarce resources.
The creation of a missing persons unit with sufficient human capacities, and the creation of a DNA bank, which would be important for the recovery of children, were important initiatives which could be started right now. All parties needed to comply with their international obligations when it came to reporting to the International Criminal Court and reporting missing persons. There was an important difference between a reconstruction programme and a victims reparation programme. This room was full of countries that had relevant experience to help counter the problems Ukraine faced.
ERIK MØSE, Chair of the Independent International Commission of Inquiry on Ukraine, said genocide was not mentioned in the report but the issue had been considered. Considering the evidence, the Commission had concluded it was not possible to conclude a genocide at this point. There were certain incidents which were concerning and these would continue to be investigated. When it came to the strengthening of the mandate, it was important to fulfil it in a practical and efficient way. The Commission was vulnerable and needed operational support.
Interactive Dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic
Report
The Council has before it the report of the Independent International Commission of Inquiry on the Syrian Arab Republic (A/HRC/52/69).
Presentation of Report
PAULO SÉRGIO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, offered heartfelt condolences to the victims of last month's devastating earthquake in Türkiye and Syria and urged the international community to respond generously to the appeals for support by humanitarian agencies. Last week Syrians marked 12 years of continuing crisis and conflict that had killed over 300,000 civilians and injured many more. Last month, the north and northwest of the country was decimated by a once in a century earthquake that had killed at least 50,000 in Türkiye; 4,500 in opposition-held northwest Syria; and 1,500 elsewhere. The Syrian Government had delayed giving consent for cross-border aid to flow into the northwest for the first critical week after the earthquake and impeded aid delivery.
The international community had responded to Türkiye's immediate request for rescue teams and equipment, but they utterly failed to do the same in northwest Syria, which became an epicentre of neglect. The Commission called on all parties to agree on an immediate cessation of hostilities and to consent to impartial humanitarian relief being delivered unimpeded to those in need. The relaxation of sanctions by the United States, the European Union and the United Kingdom, and the consent to additional humanitarian border crossings by the Syrian Government, should be commended. The Commission supported calls by many Syrians for a review of the United Nations and the international community's humanitarian response to the disaster.
These tragic events had only added to the continuing war in Syria. The latest report documented attacks in the northwest of Syria, during which hundreds of civilians were killed and injured. Syrian Government forces killed and injured dozens of civilians in a cluster bomb attack on seven displacement camps in Idlib governorate. In northern Aleppo, they killed and injured at least 45 people in a rocket attack around a busy market. These and other attacks could amount to war crimes. Detention and related violations by State security forces were among the underlining root causes of the Syrian conflict. Twelve years on, arbitrary arrests and torture, enforced disappearances, and deaths in detention continued.
In areas outside government control, the Syrian National Army and extremist group members tortured detainees and held many incommunicado, some for years, in acts tantamount to enforced disappearance. In al-Hawl and Roj camps, some 56,000 people, mainly women and children, assumed to be families of Daesh members, subsisted in conditions that amounted to cruel or inhuman treatment and constituted the war crime of outrage upon personal dignity. The increasing numbers of repatriations of children and their mothers by some States were welcomed. All Member States were urged to act with speed to repatriate their nationals. The Commission supported Syrian families' calls for an independent international entity to assist in the search for those missing or disappeared and to provide others forms of support to the families, and progress in this area was welcomed. The Secretary-General would brief the General Assembly on this issue next Tuesday. Member States must move from discussion and debate to urgently pass a resolution establishing this body.
Statement by Country Concerned
Syria, speaking as a country concerned, said Syria categorically rejected the mandate of this Commission and its fabricated report presented to the Council, which constituted a continuation of the Commission's approach since its establishment. The Commission was supposed to rely on impartiality, objectivity, and credibility in its work, but its reports over the past years had proven to be politicised and immoral, and relied for its information on false witnesses, open sources, and fabricated evidence. The authors of the report had deliberately ignored the crimes of terrorist armed groups over the past years. Their fabricated report did not contain any reference to these crimes or these groups. The authors of the report, with full knowledge, adopted fabricated evidence and manipulated the information, the narrative and analysis of the facts, and used cunning phrases and vague terminologies, in order to make baseless accusations against the Syrian Government and its allies.
The Commission had continued its approach even with regard to the disaster of the earthquake and did not miss the opportunity to exploit this disaster to launch a new set of lies away from reality, in an attempt to obscure the efforts made by the Syrian Government and the real reasons that impeded search, rescue and recovery efforts, foremost of which were the unilateral coercive measures. There should be an immediate end to the unilateral coercive measures that violated the basic rights of the Syrian people, including their right to life; a reconstruction of the infrastructure destroyed by the terrorist armed groups; an end to the illegal presence of the Turkish forces, as well as the American forces; and an end to the repeated attacks committed by the Israeli occupation entity on Syrian territory.
Discussion
In the discussion, some speakers thanked the Independent International Commission of Inquiry on the Syrian Arab Republic for its latest report and important work on accountability. They expressed firm support for the Commission's work and mandate. The Commission's conclusion that there had been "pervasive violations of human rights and humanitarian law across the country" were highly concerning. Some speakers said they were particularly worried by the continued patterns of crimes against humanity and war crimes committed by the Syrian Government. The numerous killings of civilians, including children, as a result of indiscriminate attacks were very worrisome.
Some speakers condemned the violations and abuses of human rights and of international humanitarian law by all parties to the conflict, especially by the Syrian regime and its allies. The severely disproportionate impact the conflict had on women and girls could not be ignored. Speakers expressed horror at accounts of sexual and gender-based violence, including rapes in Syrian Government-controlled detention facilities and sexual violence committed by armed groups.
Some speakers thanked the Commission of Inquiry for its attention to Syria's missing people, and demanded that all parties to the conflict released the arbitrarily detained and provided information on the fate of the missing. People had the right to know what had happened to their relatives and friends. Speakers welcomed the report by the Secretary-General recommending the establishment of a new international body on missing people in Syria, aimed at bringing hope and aid to Syrian families looking for their missing relatives. The General Assembly was urged to make haste with the establishment of this mechanism.
One speaker noted that it was heart breaking that the Syrian people, who had been through so much hardship already, had now fallen victim to a devastating earthquake too. The recent earthquake had made the already dire humanitarian situation even worse, and further demonstrated the need for aid to be distributed to all intended recipients throughout Syria. It was important that all parties to the conflict provided full, unhindered, and sustained humanitarian access. Speakers hoped to see a renewal of the cross-border mechanism when it expired on 10 July. Many speakers extended their condolences to the victims of the earthquakes and their families.
Some speakers called on all parties to the conflict, in particular the Syrian authorities, to implement the recommendations made by the Commission of Inquiry in the report, including the call for an immediate cessation of hostilities, as well as to conduct independent, impartial and credible investigations into all alleged serious violations of international human rights and humanitarian law. It was urgent for all parties to the conflict to put an immediate end to indiscriminate and direct attacks against the civilian population and civilian objects, especially attacks on medical facilities. There needed to be a comprehensive ceasefire. The violations and abuses of international human rights law had gone on for far too long. The perpetrators of these violations needed to be brought to account.
Some speakers reiterated calls for the Security Council to refer the situation of Syria to the International Criminal Court. States should refrain from providing arms, military support, financing or support to parties to the conflict when there were reasonable grounds to believe that such parties had committed or may commit violations of international humanitarian law, including war crimes.
One speaker said the update of the Commission was based on fabricated information that lacked impartiality and independence. This was an obvious politically motivated approach and another attempt to manipulate the Human Rights Council. The Commission averted its gaze and continued to offer biased documents that added fuel to the political agenda of the West, which turned the Syrian settlement process in a profitable direction for themselves.
Some speakers noted that years of coercive unilateral measures had exacerbated the crisis and weakened the capacity of Syria to act in the face of disaster. Countries should create conditions conducive to the economic development of Syria and the promotion and protection of human rights. One speaker said it was deplorable that illegal unilateral coercive measures were not addressed, or the pillaging of Syrian oil. Country specific initiatives were confrontational and counterproductive; human rights situations could be better addressed through the respect of the sovereignty, unity and territorial integrity of Syria, and supporting the Syrian counter-terrorism efforts.
Speakers asked the Commission, among other things, what more could be done to clarify the fate and whereabouts of missing people? How would the earthquake affect the already worrisome human rights situation across Syria?
Intermediate Remarks
PAULO SERGIO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the Syrian Arab Republic had said that the Commission had not documented acts of terrorist groups. He invited Syria to read the report and see the numerous findings regarding both Daesh and other terrorist groups, and the long body of reporting of the Commission, including the two separate reports on Daesh crimes.
LYNN WELCHMAN, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said all parties to the conflict had committed crimes of sexual and gender-based violence, and the Commission had included recommendations to adopt and follow through regarding accountability. The international community must not reduce funding or in any way reduce the support made available, including for women and girls and across Syria. There had been a recent report on sexual and reproductive rights in the northwest of Syria before the earthquake hit, and women in shelters there following the earthquake were also at great risk. There were numerous reports of sexual and gender-based violence in many contexts in the camps, with impunity at all levels. In those camps, the conditions amounted to inhumane treatment, with an intensity of physical and mental suffering to a great extent.
The international community must do everything in its power to bring these violations to an end, and this could be the reason for an intervention. Regarding judicial avenues, normally the domestic Government could be held accountable, but this was not the case in Syria, and the international community should refer the situation to the International Criminal Court. The Commission had dealt with the alleged Israeli air strikes in reports for several years now.
HANNY MEGALLY, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said next week there would be an interactive discussion at the General Assembly in New York with the presence of the Secretary-General laying out the reasons why there was a gap and there needed to be an international mechanism, and there should be a coordination role among the existing actors working on this situation in order to fit into this mechanism, including working with the large number of Syrians abroad, with a financial and practical assistance role for that entity that should also be able to lend assistance to the Syrian State, as in the end the action would take place on the ground, when there was a will to tackle the issue. There should not be any limitations on access to cross-border or cross-line aid, and none of the actors should be preventing aid from coming into the area. The aid should be needs-based: a lot of the aid that was coming in was stock-piled since before the earthquake.
PAULO SERGIO PINHEIRO, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, in further remarks, thanked all for the many questions heard today, and said that while there had been much solidarity after the earthquake, there was still a need for aid and to ensure that the pledges made were immediately funded so that aid could reach those who needed it. All States should prioritise the promotion of human rights of all people in Syria in their dialogue. The Universal Declaration of Human Rights was celebrating 75 years, and he cited an article in the preamble about recognition of the human dignity as the foundation of freedom of justice and peace, including in Syria.
Discussion
In the continuing discussion, some speakers welcomed the Commission's engagement in efforts to document all individual deaths and disappearances in Syria. The Council was urged to ensure that the Commission's mandate continued to be renewed and adequately resourced for as long as necessary. All people were hurt in the conflict, but most of all, the vulnerable societal groups - women, children and minorities. The report specifically underlined the illegal detention of over 56,000 women and children in camps, in appalling conditions affecting their health, mental and physical wellbeing and safety. Women and children across the country were continuously being subjected to sexual and gender-based violence, especially occurring in these places of lawless detention. The Council and the international community should help ensure accountability for the victims.
Some speakers said the Council needed to pay attention to extrajudicial killings and systematic torture practices, including sexual and gender-based violence, in all places of detention. The Syrian Government should release all those arbitrarily detained, stop all practices of enforced disappearance, and take all measures to determine the places of detention of all detainees and disappeared, and enable them to communicate with their families. The Council should demand that the Syrian Government grant the Commission access to all parts of the country to enable them to carry out their duties.
Some speakers called on States to stop the unilateral coercive measures imposed as measures by some countries and aimed at increasing the suffering of the Syrian people. How was the Commission planning to address the failure in responding to the earthquake, and to investigate the long-term impact of the ongoing violations of the right to life and right to health?
Concluding Remarks
HANNY MEGALLY, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the Commission very much valued the interventions and criticisms as well as the advice of civil society. On the failures of aid delivery, particularly after the earthquake, the Commission had asked for lessons to be learned from these failures, with an inquiry or investigation, independent and impartial, to determine the failures and obstacles at the different levels. There had been some actors that prevented aid from coming into the areas at different junctures; Damascus was delaying delivery of aid. The delays and the failures also went beyond Syria, to the international community and the United Nations, and it was not for the Commission to take this on board, although these failures should be examined. They could have been related to over-compliance with sanctions, problems with legalities or insurance or others, but the reality was that people on the ground did not get the aid needed. On the question of the identification of the deceased and missing, it had been very difficult to track numbers, but it was hoped that progress would be made in this regard.
