16
L.M. AND OTHERS v. RUSSIA JUDGMENT
UN Human Rights Council through Resolution S-17/1 (A/HRC/27/60,
13 August 2014) states:
“The findings presented in the present report, based on 480 interviews and evidence
collected between 20 January and 15 July 2014, establish that the conduct of the
warring parties in the Syrian Arab Republic has caused civilians immeasurable
suffering.
Government forces continued to perpetrate massacres and conduct widespread
attacks on civilians, systematically committing murder, torture, rape and enforced
disappearance amounting to crimes against humanity. Government forces have
committed gross violations of human rights and the war crimes of murder,
hostage-taking, torture, rape and sexual violence, recruiting and using children in
hostilities and targeting civilians. Government forces disregarded the special
protection accorded to hospitals and medical and humanitarian personnel.
Indiscriminate and disproportionate aerial bombardment and shelling led to mass
civilian casualties and spread terror. Government forces used chlorine gas, an illegal
weapon.
Non-State armed groups, named in the report, committed massacres and war crimes,
including murder, execution without due process, torture, hostage-taking, violations of
international humanitarian law tantamount to enforced disappearance, rape and sexual
violence, recruiting and using children in hostilities and attacking protected objects.
Medical and religious personnel and journalists were targeted. Armed groups besieged
and indiscriminately shelled civilian neighbourhoods, in some instances spreading
terror among civilians through the use of car bombings in civilian areas. Members of
the Islamic State of Iraq and Al-Sham (ISIS) committed torture, murder, acts
tantamount to enforced disappearance, and forcible displacement as part of an attack
on the civilian population in Aleppo and Ar Raqqah governorates, amounting to
crimes against humanity.”
77. Since March 2012 the UNHCR has issued several subsequent
papers, including those entitled “Position on Returns to the Syrian Arabic
Republic” and, later, “International Protection Considerations with regard to
people fleeing the Syrian Arab Republic”, with updates. The latest, “Update
III” of 27 October 2014, states:
“2. Nearly all parts of the country are now embroiled in violence, which is playing
out between different actors in partially overlapping conflicts and is exacerbated by
the participation of foreign fighters on all sides. Fighting between the Syrian
government forces and an array of anti-government armed groups continues unabated.
In parallel, the group “Islamic State of Iraq and Al-Sham” (hereafter ISIS) has
consolidated control over significant areas in northern and north-eastern Syria and
engages in frequent armed confrontations with anti-government armed groups,
Kurdish forces (People’s Protection Units, YPG) as well as government forces. The
launch of airstrikes against ISIS targets as of 23 September 2014 has added an
additional layer of complexity to the conflict. As international efforts to find a
political solution to the Syria situation have so far not been successful, the conflict
continues to cause further civilian casualties, displacement and destruction of the
country’s infrastructure. ...
Civilian Casualties
4. The number of persons killed as a result of the conflict has reportedly surpassed
191,000 by April 2014. The greatest number of documented deaths was recorded in
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