As children freeze to death in Syria, UN-appointed investigators highlight ongoing likely war crimes

Civilians fleeing Syria’s long-term war continue to face terrifying violence that likely amounts to war crimes, UN-appointed investigators said on Monday, while also decrying the plight of well over a million people seeking shelter at the country’s border with Turkey.

At the launch of their latest report into the conflict – the Independent International Commission of Inquiry described “unprecedented levels of suffering and pain” inside the war-torn country.

Since early December, more than 950,000 civilians including half a million children are believed to have fled conflict in the north-western region of Idlib, according to UN aid agencies.

On Sunday, UN Secretary-General António Guterres announced that a UN humanitarian mission was preparing to visit Idlib to assess needs.

Following that statement, a one-day inter-agency UN mission crossed the border on Monday from Turkey into northwest Syria, visiting the Kafr Lousin camp for internally displaced people, and Bab al-Hawa hospital, before returning to Turkey via the Bab al-Hawa border crossing. 

“The ongoing cross-border humanitarian operation is essential to meeting the requirements of Syrians who urgently need assistance,” said Kevin Kennedy, Regional Humanitarian Coordinator for the Syria Crisis.

“More than 2,150 trucks carrying aid crossed from Turkey into northwest Syria in January and February. This is more than double the number of trucks crossing during the same period in 2019. But we need to do even more and scale up our presence on the ground.”

Those arriving in displacement camps have struggled to find shelter amid freezing winter temperatures that have claimed around 10 children’s lives, Commissioner Hanny Megally said.

“The people that are stuck at the border are suffering because of a lack of humanitarian assistance and children have been dying in the cold,” he insisted. “And it’s not clear to me why the international community has not acted urgently to make sure that they are getting the humanitarian assistance they need.”

Echoing that message, Paulo Pinheiro, Chair of the Commission of Inquiry described the situation as “scandalous”, while also underlining the difficulty of discussions on the Syrian conflict between Permanent Members of the UN Security Council.

“I can’t understand why shelters or tents can’t be provided to these people; they are camping - as in a camping - outside the borders,” he said.

After nearly nine years of war, human rights violations inside Syria have continued to “multiply”, according to the Commission of Inquiry, whose findings principally concern the period between 11 July 2019 and 10 January 2020.

“There is a war crime of intentionally terrorising a population to force it to move and I think we’re seeing that picture emerging very clearly for example in Idlib,” Mr Megally said, amid repeated aerial and ground attacks on built-up areas that are protected in times of war.

“Because these places are being bombed, people are having to move out of the areas that they are living in because they can’t sustain living in those areas,” he added, before confirming accounts of attacks on healthcare facilities and health workers.

“The bigger pattern that we’ve been seeing is deliberate attacks on hospitals to put them out of commission and essentially in such a way as to force the population to move,” he maintained.

Appointed by the Human Rights Council in Geneva, the Commission of Inquiry report includes detailed information surrounding aerial bombardments on built-up areas including a crowded marketplace on 22 July in Maarat al Numan, and a displacement camp close to Haas on 16 August.

“In the marketplace, it was attacked actually twice with what we call a double-tap,” Mr Megally said, adding that “43 people were killed, about 109 were injured. Russian planes were sighted above that area. In (Al) Haas, in south Idlib, a compound for the displaced, about 20 people were killed, eight women I think, six children; this is all in the report.”

Citing information that will be presented to the Human Rights Council in Geneva on 10 March, he added: “We have reasonable grounds to believe that these were first, that these were Russian planes with Russian pilots. And that if it’s done, proven, then we think that the Russian airforce did not direct attacks at a specific military objective in these two cases, and this would then be a crime of indiscriminate attack on civilians, which is a war crime…Looking at testimonies, video footage, data imagery, flight spotters, and in some cases - and we were able to do it in these cases - flight communication intercepts were also brought to our attention.”

In early October, hostilities linked to the advance of Turkish forces in support of the opposition Syrian National Army (SNA) led to the displacement of more than 100,000 people, the Commission of Inquiry explained.

“Normally, you would want to be saying there’s a command and control - you know - evidence, that you know, that they are either doing it under instructions or under orders from, you know, the power that’s supporting them, et cetera,” Mr Megally said. “You know, that’s been something we couldn’t find. But we felt that still Turkey should be feeling responsible for their actions and should at least be trying to prevent them from continuing to violate rights.”

Turning to north-east Syria, and the detention camps where alleged ISIL extremists and their families are still being held after the so-called Caliphate was overthrown, the Commissioners reported that some 11,000 males – some as young as nine - are being held “in squalid conditions”, overseen by the Syrian Democratic Forces (SDF).

“The picture is quite appalling, you know, people have been taken there without enough mobilisation of international assistance, so they were being held in appalling conditions,” Mr Megally said, amid evidence that detainees lacked adequate access to food or water, were visibly ill and had untreated conflict-related injuries.

Women and children continue to be held there, Mr Megally warned.

“The women and children come from various nationalities - those countries and I think it’s up to 50 countries - most have not stepped forward and taken back their nationals. And that’s been problematic.”

It was of the utmost importance that Member States repatriated vulnerable and impressionable youngsters, Mr Pinheiro said.

They “should regard children first and foremost as victims and not as future terrorists,” he insisted.

1. Wide shot: exterior, flag alley, Palais des Nations, United Nations Geneva.
2. Wide shot: Press briefing room, journalists, podium with speakers and assistants, UN logo.
3. Medium shot: Press briefing room, journalists seated with laptops.
4. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “The real question is, the people that are stuck at the border are suffering because of a lack of humanitarian assistance and children have been dying in the cold. And it’s not clear to me why the international community has not acted urgently to make sure that they are getting the humanitarian assistance they need.”
5. Medium shot: Press briefing room, journalist takes notes in foreground, photographers taking photos of podium speakers to rear.
6. SOUNDBITE (EN) — Paulo Pinheiro, Chair, Independent International Commission of Inquiry on the Syrian Arab Republic: “I can’t understand why shelters or tents can’t be provided to these people; they are camping - as in a camping - outside the borders.”
7. Close-up: journalists, one is wearing headphones, profile.
8. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “There is a war crime of intentionally terrorising a population to force it to move and I think we’re seeing that picture emerging very clearly for example in Idlib. Where because these places are being bombed, people are having to move out of the areas that they are living in because they can’t sustain living in those areas.”
9. Medium shot: journalists wearing listening devices, holding mobile phone and pen.
10. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “The bigger pattern that we’ve been seeing is deliberate attacks on hospitals to put them out of commission and essentially in such a way as to force the population to move.”
11. Medium shot: journalists looking down intently at laptops, typing.
12. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “In the marketplace, it was attacked actually twice with what we call a double-tap; 43 people were killed, about 109 were injured. Russian planes were sighted above that area. In Al Haas, in south Idlib, a compound for the displaced, about 20 people were killed, eight women I think, six children; this is all in the report.”
13. Close up: hands typing on laptop.
14. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “We have reasonable grounds to believe that these were first, that these were Russian planes with Russian pilots. And that if it’s done, proven, then we think that the Russian airforce did not direct attacks at a specific military objective in these two cases, and this would then be a crime of indiscriminate attack on civilians, which is a war crime.”
15. Close up: photographers, one pointing camera at podium (out of shot).
16. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “Looking at testimonies, video footage, data imagery, flight spotters, and in some cases - and we were able to do it in these cases - flight communication intercepts were also brought to our attention.”
17. Medium shot: journalists in foreground, podium speakers to rear.
18. Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “Normally, you would want to be saying there’s a command and control - you know - evidence, that you know, that they are either doing it under instructions or under orders from, you know, the power that’s supporting them, et cetera. You know, that’s been something we couldn’t find. But we felt that still Turkey should be feeling responsible for their actions and should at least be trying to prevent them from continuing to violate rights.”
19. Close-up: handwriting on notepad.
20. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “The picture is quite appalling, you know, people have been taken there without enough mobilisation of international assistance, so they were being held in appalling conditions.”
21. Medium shot: photographer looking at laptop which is connected to camera, journalists to rear.
22. SOUNDBITE (EN) — Paulo Pinheiro, Chair, Independent International Commission of Inquiry on the Syrian Arab Republic: “Member States should regard children first and foremost as victims and not as future terrorists.”
23. Close-up: journalist looking down, image distorted in the lens of his reading glasses.
24. SOUNDBITE (EN) — Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic: “The women and children come from various nationalities - those countries and I think it’s up to 50 countries - most have not stepped forward and taken back their nationals. And that’s been problematic.”
25. Medium shot: journalists variously writing, typing, checking mobile phone and writing, observers to rear.
26. Wide shot; photographers in foreground, podium speakers to rear, UN logo.
27. Close-up: journalist, initially blurred but comes into focus, podium to rear.