GENEVA - The UN Commission of Inquiry on Syria welcomed today's ceasefire agreement between the Government of Syria and the Syrian Democratic Forces (SDF) and called for continuing efforts to protect civilians, including allowing the return of displaced populations and access to aid in northeastern Syria.
"We welcome efforts to bring stability to the region and now hope for a complete end to hostilities and a sustainable resolution, including to the humanitarian crisis, with needs for stable food supply, water, and electricity being met," said Paulo Pinheiro, Chair of the Commission of Inquiry. "In this regard, we also welcome the recent Syrian Presidential decree that recognised the cultural, language and citizenship rights of Syria's Kurdish population, which were so long denied by successive Assad-led governments."
The Commission urged all parties to ensure strict adherence to international humanitarian law in any further operations linked to the escalation in northeast Syria - including the principles of distinction, proportionality, and precautions - and in particular called on all parties to protect civilians and civilian infrastructure from further harm.
"We have been alarmed by reports of killings of fighters who had laid down their arms and other civilians, as well as desecration of bodies," said Commissioner Monia Ammar. "We are investigating alleged violations and abuses of international human rights and violations of humanitarian law in relation to these events and will report on them in due course."
The Commission stressed the ongoing need for unimpeded delivery of humanitarian assistance and civilian passage, while deploring reported obstacles to their realization. Cold winter weather - in combination with a lack of access to electricity, water, food and heating - risks being catastrophic for the most vulnerable, as seen already when infants died of cold in displacement camps in nearby Idlib and reportedly in Ain al-Arab (Kobane).
The Commission underscored its grave concern for the safety and welfare of all children in the region, recalling the special respect and protection afforded to children under international humanitarian law, including the prohibition of recruitment and use of children in hostilities, and that such special protection does not cease even for children who have participated in hostilities.
The situation of detainees as detention facilities are shifting hands, particularly children, is also deeply concerning. Following the departure of the SDF from al-Aqtan prison near Raqqa, holding alleged Islamic State of Iraq and the Levant (ISIL) - affiliated detainees, the Commission noted disturbing reports of over one hundred children having been held arbitrarily and ill-treated there. It also expressed worry about the situation of the more than 17,000 children and young adults arbitrarily held in Al Hawl or Rawj camps or in "rehabilitation centres" like Houri or Orkesh.
"We positively acknowledge some resumption of aid delivery to Al Hawl camp, including from United Nations entities since 23 January, but stress current efforts must be augmented to ensure sufficient and electricity, water, food and medical supplies to the camps," said Commissioner Fionnuala Ni Aolain. "We urge the Syrian authorities now controlling the area to facilitate the voluntary, safe and dignified return home of the approximate 16,500 Syrian women and children still held there, many having been unlawfully deprived of their liberty by the SDF for nearly seven years."
The Commission also repeated its call on other Member States to repatriate all child nationals held in the northeast, prioritising with the utmost urgency unaccompanied children to be reunified with their extended families, and repatriating others with their mothers, in accordance with the best interests of the child.
Regarding transfers of alleged former ISIL fighters from prisons in northeast Syria to other States, the Commission underscored the absolute prohibition of torture and ill-treatment, and the right of all detainees to have their detention reviewed in accordance with international law - expressing grave concern at risks of refoulement and enforced disappearances.
The Commission also stressed that the violations and abuses reported thus far must be investigated in prompt, effective, transparent and impartial investigations, in particular for those acts that may amount to war crimes. It reiterated that any alleged former ISIL fighter suspected of involvement in international crimes, including war crimes, crimes against humanity, and genocide, must also be investigated and be afforded fair trials with full respect for the rights of both the accused and their victims.
