Independent Int’l Commission of Inquiry: Syria Still Unsafe for Return of Refugees

Members of the regime's army load a cannon on one of the northern fronts (Reuters)
Members of the regime's army load a cannon on one of the northern fronts (Reuters)
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Independent Int’l Commission of Inquiry: Syria Still Unsafe for Return of Refugees

Members of the regime's army load a cannon on one of the northern fronts (Reuters)
Members of the regime's army load a cannon on one of the northern fronts (Reuters)

The Independent International Commission of Inquiry on Syria released its twenty-sixth report on Wednesday, with the commission submitting the report to the UN Human Rights Council (HRC) on September 22.

The report documents serious violations of fundamental human rights and international humanitarian law across Syria.

The Syrian Network for Human Rights (SNHR) has reviewed the 50-page report, and the following is a summary of the main points the report addressed.

The report addressed the persistent nature of various forms of violations by the parties to the conflict and controlling forces in Syria.

It described the current year 2022 as the worst since the outbreak of the popular uprising in terms of the economic and humanitarian situation, indicating that about 14.6 million people are currently in need of humanitarian assistance.

The report noted that insecurity continues to plague all areas under the Syrian regime’s control, further revealing that the regime security forces and affiliated local and foreign militias who control checkpoints and detention centers abuse their powers, and extort money from citizens.

The report also stressed the continuation of arbitrary arrests, forced disappearances and death due to torture against citizens, including refugees and displaced persons returning to areas controlled by the Syrian regime.

It also touched on other types of violations that are reportedly obstacles to the safe, dignified and sustainable return of refugees, such as the arbitrary use of security clearances imposed by the Syrian regime with the aim of restricting freedoms, which are a prerequisite for obtaining basic property and housing rights.

In this context, the report stressed that the voluntary and safe return of the refugees must be secured and that this must not entail any physical harm or violation of their fundamental human rights.

In regard to the military operations in areas under the control of the other parties to the conflict, the report said that the Syrian regime continued to target civilians in areas of northwestern Syria, with the support of Russia.

It also referred to the observation of Russian warplanes concurrent with raids targeting civilian objects.

“At the same time, Hay’at Tahrir al-Sham both intervened in public life and the provision of services, including fuel, exacerbating civilian suffering amidst widespread poverty. In formalizing restrictions that limit civic space, the group continued to arrest journalists, activists and other individuals who criticized its rule, in a discernible pattern previously identified by the Commission,” the report added.

The Commission “has reasonable grounds to believe that elements of the Syrian National Army have arbitrarily deprived persons of their liberty. Some cases have been tantamount to enforced disappearances.”

It added, “Consistent with an established pattern, elements of the Syrian National Army may have committed torture, cruel treatment and outrages upon personal dignity, including through forms of sexual violence, which constitute war crimes.”

“Nearly 58,000 individuals, including some 17,000 women and 37,000 children, remain unlawfully held in the al-Hol and Rawj camps. Humanitarian conditions in the camps have plummeted. There is no regular water supply, insufficient sanitation, lack of adequate nutrition, health care and housing.”

“There are reasonable grounds to believe that the Syrian Democratic Forces are violating the obligation to treat humanely all individuals who do not – or no longer – take part in hostilities… Democratic Forces may have perpetrated acts tantamount to enforced disappearances,” revealed the report.

The Commission called on the parties to the conflict “to respect international humanitarian law, to cease, in particular, all indiscriminate and direct attacks on civilians and civilian objects,” and “to conduct independent, impartial and credible investigations into incidents entailing civilian casualties in which their forces are implicated to ensure that those responsible for violations are held accountable and to ensure non-repetition and to make their findings public.”

The Commission stressed the need to “cease torture and other cruel, inhuman or degrading treatment or punishment, including sexual and gender-based violence, in all places of detention, cease all forms of incommunicado detention and other infringements on the due process of law, release those arbitrarily detained and ensure that perpetrators of such violations are held accountable through fair trials.”

It further demanded to cease “all enforced disappearances and take all feasible measures, in line with Security Council resolution 2474 (2019), to locate all those detained and/or disappeared, establish their fate or whereabouts and ensure communication with their families.”

For its part, the SNHR welcomed the report’s outcomes and recommendations.



Main Points of the Gaza Ceasefire Proposal

 Palestinians gather at the site of an Israeli strike on a school sheltering displaced people, amid the ongoing conflict between Israel and Hamas, in Gaza City January 13, 2025. REUTERS/Dawoud Abu Alkas
Palestinians gather at the site of an Israeli strike on a school sheltering displaced people, amid the ongoing conflict between Israel and Hamas, in Gaza City January 13, 2025. REUTERS/Dawoud Abu Alkas
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Main Points of the Gaza Ceasefire Proposal

 Palestinians gather at the site of an Israeli strike on a school sheltering displaced people, amid the ongoing conflict between Israel and Hamas, in Gaza City January 13, 2025. REUTERS/Dawoud Abu Alkas
Palestinians gather at the site of an Israeli strike on a school sheltering displaced people, amid the ongoing conflict between Israel and Hamas, in Gaza City January 13, 2025. REUTERS/Dawoud Abu Alkas

Qatari mediators have sent Israel and Hamas a draft proposal for an agreement to halt the fighting in the Gaza Strip and exchange hostages for Palestinian prisoners as a first step towards an end to the 15-month-old war. A week before US President-elect Donald Trump takes over from President Joe Biden, officials said a breakthrough had been achieved in talks in Doha and agreement could be near.

However, many details about the implementation of a ceasefire remain to be agreed, and officials on all sides have said that a deal has not yet been reached.

Here are the main points from the draft, according to an Israeli official and a Palestinian official. Hamas has not provided any details, according to Reuters.

HOSTAGE RETURN

In the first stage, 33 hostages would be set free. These include children, women including female soldiers, men above 50, wounded and sick. Israel believes most are alive but has had no official confirmation from Hamas.

- The first stage would last for several weeks, although the Israeli official said the precise duration had not been settled. The Palestinian official said it would last 60 days.

If it proceeds as planned, on the 16th day from the deal taking effect, negotiations would start on a second stage, with the aim of securing the return of the remaining living hostages - male soldiers and younger civilian males - and the return of the bodies of dead hostages.

- In return for the hostages, Israel will free from its jails a significant number of Palestinian prisoners, including some serving long sentences for deadly attacks, although exactly how many will depend on how many hostages are still alive. The Israeli official said the number would be "many hundreds", while the Palestinian official said it would be more than 1,000.

- Where the prisoners would be sent has not yet been agreed but anyone convicted of murder or deadly attacks would not be released to the West Bank.

- Anyone who took part in the Oct. 7, 2023, attack on Israel would not be released.

TROOP WITHDRAWAL

Israel will not fully withdraw its troops until all the hostages have been returned but there will be a phased pull back, with Israeli forces remaining in the border perimeter to defend Israeli border towns and villages.

- There would be security arrangements at the Philadelphi corridor bordering Egypt, along the southern edge of Gaza, with Israel withdrawing from parts of it after the first few days of the deal.

- Unarmed North Gaza residents would be allowed back, with a mechanism to ensure no weapons are moved there. Israeli troops will withdraw from the Netzarim corridor in central Gaza.

- The Rafah crossing between Egypt and Gaza will start to work gradually, allowing the passage of those who are sick and humanitarian cases out of the enclave for treatment.

INCREASED AID

There would be a significant increase of humanitarian aid into the Gaza Strip, where international bodies including the UN say the population is facing a severe humanitarian crisis.

Israel allows aid into the enclave but there have been disputes over the amount allowed in as well as the amount that reaches people in need, with looting by criminal gangs an increasing problem.

FUTURE GOVERNANCE OF GAZA

Who will run Gaza after the war is one of the unknowns of the negotiations. It appears that the current round of talks left the issue out of the proposal because of its complexity and the likelihood it would hold up a limited deal.

Israel has said it will not end the war leaving Hamas in power. It has also rejected administration of Gaza by the Palestinian Authority, the Western-backed body set up under the Oslo interim peace accords three decades ago that exercises limited sovereignty in the occupied West Bank.

It has also said from the beginning of its military campaign in Gaza that it will retain security control over the enclave after the fighting ends.

The international community has said Gaza must be run by Palestinians, but efforts to find alternatives to the main factions among civil society or clan leaders have proved largely fruitless. However, there have been discussions over a provisional administration that would run Gaza until a reformed Palestinian Authority is able to take charge.