Serbia & Kosovo find Middle Ground, But Can They End Violence?

By Madeline Schiesser
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – After lengthy negotiations and the apparent breakdown of talks, Serbia and Kosovo approved a normalization agreement earlier this week, which many hope will help ease tensions along their shared boarder.

European Union foreign policy chief Catherine Ashton (center), Serbian Prime Minister Ivica Dacic (left), and Kosovar Prime Minister Hashim Thaci, hammered out an agreement under which Serbia has normalized its relations with Kosovo. (Photo Courtesy of RFE/RL)

Last Friday, April 19, Serbia and Kosovo signed the European Union- brokered, 15 point First Agreement of Principles Governing the Normalization of Relations, under which ethnic Serbs in the northern region of Kosovo will elect a regional police commander and ensure that a majority of court judges are Serbs, but, the police and courts will be integrated into the Kosovo police and justice system.  In exchange for managerial control of the Northern region of Kosovo, the ethnic Serbs living there will recognize the authority of the Kosovo government.  The agreement also prevents both Serbia and Kosovo from obstructing one another as they seek eventual membership in the E.U.

Kosovo’s parliament, in Pristina, approved the tentative deal with Serbia in a vote on Sunday.  Serbia followed with a unanimous decision from its parliament, in Belgrade, also approving the deal on Monday, along with orders for Serbian ministries to begin implementation.

Although almost 100 countries, including the United States and 22 of the 27 members of the E.U., have recognized Kosovo, Serbia has not.  Kosovo, whose citizens are primarily ethnically Albanian, unilaterally declared independence from Serbia in February 2008, following nine years of U.N. administration backed by a NATO-led peacekeeping force, after Serbian forces withdrew from Kosovo in June 1999.  However, sporadic violence persisted in Kosovo, particularly in regions of high ethnic tensions.  Serbia has vowed never to recognize Kosovo, and insists the E.U.-brokered deal approved this week is not a formal recognition of Kosovar statehood.

Following Serbia’s parliament’s approval of the agreement, protests against the deal erupted in Belgrade.  Several thousand flag-waving Serbs, chanting “Treason, Treason”, gathered in Belgrade shortly after the approval.  As many as ten-thousand more pro-Serbia protesters appeared on the streets of Mitrovica in northern Kosovo, unsatisfied with the deal.

Coming to terms with Kosovo (12% of Serbia’s former size) as a separate entity from Serbia is culturally difficult for many Serbians.  The province Kosovo, in the middle ages, was the center of the former Serbian Empire, and many Serbs consider it the birthplace of their nation.

However, normalization with Kosovo, in addition to easing tensions in the region, will have an additional benefit for Serbia with respect to its relationship with the E.U.  Serbian Prime Minister Ivica Dacic earlier said that “if the government accepts the agreement, I expect Serbia to get a date to start membership talks with the European Union”.

Before the deal was even been finalized, the E.U. began recommending opening membership talks with Serbia  Furthermore, the E.U. also signaled the go-ahead for Kosovo to begin association agreement talks.

Of Serbia, a European Commission report [pdf] stated that Belgrade “has taken very significant steps and [made a] sustainable improvement in relations with Kosovo.”  Therefore, the Commission “recommends that negotiations for accession to the European Union should be opened with Serbia.”

Of Kosovo, the Commission also stated in a separate report [pdf] that Pristina had met all its “short-term priorities,” and recommended member states authorize “the open[ing] of negotiations on a stabilization and association agreement” with the E.U. The Commission also proposed allowing Kosovo to participate in 22 EU programs.

E.U. Enlargement Commissioner Stefan Fuele described the agreement and move towards E.U. membership as a significant shift for the entire region. “[It is] a historic day,” he told reporters. “It is also a game changer, it is a game changer for Serbia and Kosovo. It is a game changer for the whole region of the Western Balkans.”

The E.U.’s foreign policy chief Baroness Catherine Ashton, who mediated the talks, described her hoped for full implementation.  “I am very hopeful that with the determination we have seen, they will move to implement all of the elements of this agreement. I will support them in any way that I can and I have already offered to help and to participate in not only implementation, but if they continue their dialogue I am at their disposal. It has been a real privilege to help them.”

In an attempt to extend another olive branch, Serbia president Tomislav Nikolic also formally apologized earlier today, April 25, for the 1995 Srebrenica massacre of 8,000 Muslim men and boys.  However, he stopped short of recognizing the massacre as genocide, as it has been declared by two international courts.  “I kneel and ask for forgiveness for Serbia for the crime committed in Srebrenica,” Nikolic declared during an interview to be aired on Bosnian national television.  “I apologi[z]e for the crimes committed by any individual in the name of our state and our people.”

Normalization between Serbia and Kosovo represent a huge step in healing the wounds left by the conflicts in the 1990s, however both countries will have to make a continuing effort to advance human rights.  “The normalization agreement between Belgrade and Pristina is a positive step toward peace and reconciliation in the region,” said Lydia Gall, Eastern Europe and Balkans researcher at Human Rights Watch. “With commitment from both governments and support from their EU partners, it could help improve human rights for everyone in Kosovo and Serbia.”

For further information, please see:

Al Jazeera – Serbia President ‘Apologises’ for Massacre – 25 April 2013

HRW – Serbia/Kosovo: Landmark Opportunity for Human Rights – 23 April 2013

Al Jazeera – Serbians Protest Kosovo Deal – 22 April 2013

BBC News – EU Commission: ‘Start Serbia Membership Talks’ – 22 April 2013

The Independent – Serbia Deal Ends Conflict with Kosovo – 22 April 2013

RFE/RL – European Commission Recommends Opening Accession Talks With Serbia – 22 April 2013

SNHR Casualties Report: Wednesday 24 April 2013

Syrian network for human rights documented 104 victims , Wednesday  24/4/2013 all across Syria,  including 11 children, 8 ladies , 5 tortured to death , 32 armed rebels.
Damascus and countryside : 18 victims
Aleppo : 22 victims
Homs : 18 victims
Idlib : 11 victims
Daraa : 9 victims
Hama : 17 victims
Dier Alzoor : 5 victim
Tartous : 1 victim
Raqqa : 1 victim
Swidaa : 1 victim
Lattakia : 1 victim
========================================
Aleppo : 22 victims ; 3 ladies , 3 children
1-Child Basher Badi – 3 years old – Ansari – affected shelling
2-3-Two victims Al Ali HIjazi family , shelling
4-Fadi Jarad – armed rebel – clashes
5- Child Abdulrahman ( unknown surname ) – 6 years old – shelling
6- Child Saed ( unknown surname ) – 8 years old – shelling
7- Ahmad Khaled 19 years old – armed rebel – clashes
8- Mohamad Akidi – armed rebel – clashes
9- Abdulrazak Khalaf – armed rebel – clashes
10-Mahmod Baro – armed rebel – clashes
11- Hasan Khairo – armed rebel – clashes
12- Mahmod Alhaji – – armed rebel – sniper bullet
13- Ms. Badria Hamido – 55 years old – shelling vacuum bombs on Dier Jamal
14- Ms. Noor Hamido – 55 years old – shelling vacuum bombs on Dier Jamal
15- Ms. Ayah Hamido – 55 years old – shelling vacuum bombs on Dier Jamal
16- Mohamad Oso – 21 years old – shelling on Zartah village
17- Abdo Kosa – 61 years old – shelling on Zartah village
18- Anwar Yousef – 33 years old – shelling on Zartah village
19- Hasan Alahmad – 60 years old – shelling on Zartah village
20- Abdullah Horia – armed rebel – clashes
21-Radwan Faris – armed rebel – clashes
22- Anas Alhaj – armed rebel – clashes
========================================
 
Damascus and countryside  : 18 victims; 1 woman, 2 children
2-Fwaz Alhindi – shelling on Zamalka in 21-3-2013
6- Hasan Diab – executed by Syrian Government’s Armed Forces in Jdidt Artouz
7- Ahmad Abo Yousef – shelling on Derbakhia village
8- Kasem Ghadir – shelling on Derbakhia village
9- Essam Ozon – shelling on Derbakhia village
https://www.youtube.com/watch?v=DOCU7cNcnK0
10- Unknown victim –executed by Syrian Government’s Armed Forces in Sidi Mikdad neighborhood
http://youtu.be/kdj8wbT8uT4
11- Abo Mojahed – media activist – sniper bullet in Babela
http://www.youtube.com/watch?v=QoyJI7-8D54&feature=youtu.be
12- Ms. Zainab Hamzah – 23 years old – mother of two children – sniper bullet in Bait Saham
13 – Abdo Alabd -93 years old – with bullets in Moazameat Alsham             https://www.facebook.com/photo.php?fbid=452395001516236&set=a.122898181132588.33874.122821647806908&type=1&theater
14 Mamon Najib – sniper bullet in Harasta
15- Girl child Hala Nablsi – 8 years old – shelling on Yarmouk refugee camp
16 – Wael Baroudi – shelling with rocket launcher in Mliha
17- Ahmad Dieb – shelling with rocket launcher in Mliha
18- Bassam Abo Osama – armed rebel – clashes
========================================
Homs  : 18 victims; including 1 woman, 1 child, 1 tortured to death
1-Adnan Alnaes – shelling on Eastern Zafarana
2- Yaser Aldhik – armed rebel – clashes http://www.youtube.com/watch?v=TAX69WThXVQ&feature=youtu.be
3- Omar Alsabouh – armed rebel – clashes
4- Bilal Aldhik – armed rebel – clashes http://www.youtube.com/watch?v=cuumyl7Vx0w
5- Sliman Kasab – – armed rebel – clashes
6- Ms. Fahima Khatib – 60 years – sniper bullet while displacing from Kusair
7- Girl child Fatima Alsalih – 9 years old – shelling on Talbesa
8- Mohamad Alnaklan – Palmyra – defected soldier by Syrian Government’s Armed Troops in 23-4-2012
9- Ahmad Alomar – armed rebel – clashes
10- Mahmod Bakour – armed rebel – clashes
11- Mohamad Alhazori  – armed rebel – clashes
12- Kasem Merai – armed rebel – clashes
13- Orwa Halom – armed rebel – clashes
14- 15 Two unknown victims – armed rebel – clashes
16- Yahia Alazhari – tortured to death after he was kidnapped for few days
17-Khaled Alkhodari – shelling on Tal Kalakh
18- Walid Halom   – shelling on Tal Kalakh
========================================================
Daraa: 9 victims ; 1 woman
1-Raed Alnabolsi – warplanes shelling on Noema
2-Nabel Alsalkhadi – warplanes shelling on Noema
3-Samer Alabod – warplanes shelling on Noema
4- Omar Mahamid – warplanes shelling on Noema
5- Shaoki Mahamid – warplanes shelling on Noema
6- Omran Alabod – warplanes shelling on Noema
7- Mosab Alsalkhadi – warplanes shelling on Noema
8- Ibrahim Alabod – armed rebel – warplanes shelling on Noema
9- Ms. Linda Awad – shelling on Daraa
=====================================================
Idilb: 11 victims; 2 women, 3 children
1-Ali Alreem – 50 years old – shot on head in Khan Shaikhon
2- Mohamad Shahada – sniper bullet in Orm Aljoz village
3- Child Walid Alibrahim – shelling on Ghardafa village
4- Unknown lady – shelling on Shinan village
5- Wahid Abdulrahman – shelling on Bashlamon village
6- Ms. Najdiah Altanbour – shelling on Inib village
7- Ahmad Husain – armed rebel – clashes
8- Hamza Kadi – armed rebel – clashes
9- Ghasan Sahari – armed rebel – clashes
10-Girl child Fatima Kamal Shaban – handcuffed – shelling on Saraqeb
11- Girl child Batol Kamal Shaban – shelling on Saraqeb
=====================================================
Hama: 17 victims; 2 children
1-Moawea Hadid – armed rebel – clashes
2- Mahmod Khaled defect soldier – while he was preparing a mine
3- Walid Almorad – head of relief office in Kafar Naboda – sniper bullet
4- 5 Two unknown victims – shelling on Doma Village
6- 7 Two unknown girl child – shelling on Kafar Naboda
8- Adnan Alanidan – armed rebel – clashes
9- Unknown victim – explosive bullet
10-Ahmad Alhasan – shelling on Karaj village
11-16- Six unknown victims ( Ahmad Alhasan family ) – shelling on Karaj village
17 Ghazoan Donia – armed rebel – clashes
=====================================================
Dier Alzoor: 5 victims, 3 tortured to death
1-Amer Albasri – Mayadin – executed by Alassad troops bullet after he was kidnapped last Friday
2-Khalifa Alzaher – armed rebel – clashes
3-Iyad Tatab – tortured to death in security branch – Aleppo
4-Mohamad Khashman – tortured to death after he was arrested for 45 days , his body found in military hospital
5-Mahmod Jadaan – armed rebel – clashes
=====================================================
Raqqa: 1 victim :
1-Mohamad Khalifa – armed rebel – clashes
=====================================================
Tartous: 1 victim
1-Firas Alyamk – 19 years old – tortured to death after accusing him by killing solider , he was shot then arrested in Banias
=====================================================
Swidaa: 1 victim
1-Kamal Mokaled – tortured to death in prison
=====================================================
Lattakia: 1 victim
1-Ali Hason– armed rebel – clashes

SNHR Extensive Report Based on Violations Against Children in Syria

More than 7873 children have been killed by Syrian Government’s Armed Forces since the begun of Syrian revolution to 6-4-2013

 

Rule 135. of Customary IHL

Rule 135. Children affected by armed conflict are entitled to special respect and protection.

Introduction:

Since mid-February of 2012, the nature of Syrian conflict has been described as a non-international armed conflict. Meaning each party to the conflict should be bound to apply Common Article 3 to the four Geneva Convections as well as Customary Norms of International Human Rights Law relating to non-international armed conflicts.

Security council resolution 1325/2000: emphasizing all member states to implement fully international humanitarian law and human rights law, based on violence during conflicts.

International criminal law provides means to implement international sanctions for serious violations against customary law, international law and international human rights law where these crimes are seen as an individual commitment. As noted the international criminal law trial persons accused of such crimes: genocide, crimes against humanity , aggression crimes and war crimes.

As of February 2013, 122 states are parties to the Rome Statues of International Criminal Court, although the Syrian Arab Republic signed the Rome Statue of International Criminal Court, it has not ratified the treaty yet.

According to Article 13 of ICC

(Exercise of jurisdiction)

(b)     A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

Security council can refer Syrian file to the Prosecutor of ICC for investigation  

 

Syrian Government

First : Unlawful killing:

Documented the death toll killed by Syrian Government Armed Forces

International Humanitarian Law: Rule 89. Murder is prohibited

SNHR: by our daily monitoring and over 120 members deployed in all of the Syrian provinces and their direct connection to the events that took place on the Syrian territory, we have documented the killings of at least 7837 children by Syrian Government Armed Forces, the annex documenting our file names, photos, date and place of their martyrdom are found below.

Among the 7837 victim children:

1-   2343 female child, 5494 male child

2-   At Least 327 field executed, either slaughtered by knifes as in Houla village massacre in Homs, Karam Elzietoun neighborhood massacre in Homs, and Refai neighborhood massacre in Homs, or shot as in many villages and towns in all the Syrian governorates armed forces

3-   1930 have not reached the age of ten; 348 are infants

Different and multiple Types of killing children:

1-   Shelling

2-   Sniping

3-   Raiding and field executed

4-   Shockingly: among at least 194.000 Syrian detainees; more than 9000 children (under 18), Syrian governorates armed forces used very violent torture methods against them, and the methods used barely differ from those used against adults. They don’t differentiate between children and adults in detention

Many of those who were released told us that they heard the crying children scream, “we want our mother, we want to get out.”

Syrian government armed forces tortured to death at least 79 children at the site of their arrest, and in prisons. They even died while in the hands of the executioner.

Please find all the above mentioned details, documented carefully in the following annex

https://docs.google.com/file/d/0B9Bj18tlYYKBRjhMYWJIc21MbEk/edit

Children victims deployed all the Syrian Governorates as follows :

1-   1531 children killed in Aleppo

2-   1506 children killed in Damascus countryside

3-   1390 children killed in Homs

4-   1013 children killed in Idlib

5-   683 children killed in Daraa

6-   628 children killed in Hama

7-   519 children killed in Dier Alzoor

8-   332 children killed in Damascus

9-   74 children killed in Raqqa

10- 61 children killed in Lattakia

11-  48 children killed other nationalities

12-  26 children killed in Hasaka

13-  18 children killed in Qunaitra

14-  6 children killed in Tartous

15- 2 children killed in Swidaa

 

Children from various Syrian Governorates tell their stories of shelling, sniping, and how Syrian Government Armed Forces killed their parents:

Aleppo Governorate

–   Aleppo / Albab road, 13-9-2012, child tells how Syrian Government Forces warplanes bombed his house

http://www.youtube.com/watch?v=d7LMpwpKi8E

–   Aleppo / Bustan al- Qasr, 20-8-2012, child tells the story of his injury caused by Syrian Government Armed Forces shelling

http://www.youtube.com/watch?v=knuJRUquKUQ

–   Aleppo / El- Ard Alhamra , 22-2-2013, child tells the story of his injury cause Syrian Government Armed Forces shelling

http://www.youtube.com/watch?v=cvL-WMIPv-8

–   Aleppo / Masharqa – 18-4-2013, child tells how he was beaten by Syrian Government Shabiha

http://youtu.be/nvIqdo36auY

–   Aleppo /Ansari , 12-3-2013, child tells how Syrian Government Armed Forces shelled his neighborhood

https://www.youtube.com/watch?v=ZX4x4pl8EYg

=============

Dier Alzoor Governorate

–   Dier Alzoor, 31-7-2012, child tells how Syrian Government Forces warplanes bombed his house

http://www.youtube.com/watch?v=hEaGhBVm3RU

=============

Lattakia Governorate

–   Lattakia countryside / Alhafa, child tell how Shabiha killed his mother

https://www.youtube.com/watch?v=dB8Lhh0bXik

=============

Daraa Governorate

–   Daraa /  Dael village, 29-4-2012, child tells the story of his injury by a sniper bullet shot by Syrian Government Armed Forces

http://www.youtube.com/watch?v=v3JojTBSAy0

=============

Hama Governorate

–   Hama countryside / Latamna, 13-4-2012, child tells the details of Latamna massacre committed by Shabiha

http://www.youtube.com/watch?v=Azdk85wtKAM

=============

Damascus countryside Governorate

–   Damascus countryside / Doma , 3-3-2013 , child tells how Syrian Government armed forces shelled his house

http://www.youtube.com/watch?v=GezSqhhBVxM

–    Damascus countryside / Arbin, 27-1-2013, child tells his suffering caused by shelling from Syrian Government Armed Forces

http://www.youtube.com/watch?v=Dy36GPAhMm0

–   Damascus countryside / Kafar Batna, 8-11-2012, wounded child tells the death of his sister caused by shelling from Syrian Government Armed Forces

http://www.youtube.com/watch?v=7-6K81VaNqE

–   Damascus countryside / Doma, 3-3-2013, child tells how his twin brother was killed by Syrian Government Armed Forces shelling

http://www.youtube.com/watch?v=Ymslf_HoU1E

–   Damascus countryside / Eastern Ghouta, 28-10-2012, child tells the story of his injury caused by Syrian Government Armed Forces shelled his house

https://www.youtube.com/watch?v=I4uGRB2eQr4

=============

Idlib Governorate :

–   Idlib / Sahl Alghab, 30-10-2012, child tells how Syrian Government Armed Forces shelled his house

http://www.youtube.com/watch?v=DDM-vW_Y58c

–    Idlib /Mart Masrin, 4-12-2012, girl talks about her injury, caused by shelling

http://www.youtube.com/watch?v=hgtE2OJbryk

=============

Homs Governorate :

–   Homs/ Houla village, 17-1-2013, child tells how Syrian Government Armed Forces shelled his house

http://www.youtube.com/watch?v=rvV_oKyVG0o

–   Homs / Rastan, 13-5-2012, child tells the story of his injury by a shell from Syrian Government Armed Forces

http://www.youtube.com/watch?v=kC0Cufjept8

–   Homs/ Karm Alzitoun, 19-3-2012, child tells how Syrian Government Armed Forces shelled his house

http://www.youtube.com/watch?v=ISk4GXyxgy8

–   Homs / Rastan, 24-7-2012, child tells the story of his injury cause: Syrian Government Armed Forces’ warplane shelling his house

http://www.youtube.com/watch?v=Jn_RbamqR7Y

 =============

 

Despite repeated Syrian government’s allegations that it is fighting Al-Qaeda, the Afghan terrorist cell, the attacks are deliberately, systematically, and extensively aimed at civilians, acts considered to be classified as war crimes under Article 8 of the Rome Statue.

Systematic and extensive Syrian armed forces attacks killed thousands of child victims in all Syrian governorates, and are therefore tantamount to crimes against humanity according to Article 7 of the Rome Statue.

Second:  proportion of killed children

Civilians comprise the majority of victims killed by Syrian Government Armed Forces, making up 91% of those killed. The number of armed rebels killed is less than 9%. The rate of civilian casualties surpasses the proportion of civilian victims killed in World War I and II.

Proportion of killed children is 9%, a very high and alarming rate, and strictly proves that the Syrian government’s armed forces are targeting civilians by systematically shelling them with Scud missiles. Civilians also fall victim to the indiscriminate, and deliberate, barbaric act of random shelling by warplanes using TNT.

 

Third:  Arrest and detention of children

Article VII of international convention (International Human rights law) clearly prohibits torture and other cruel, inhuman, or degrading treatment or punishment.

SNHR estimates at least 9000 children currently detained in security branches and prisons were arrested during the raids, and many of them were arrested when their relatives were threatened.

Many surviving children told the story of their suffering and how they were victim to the same cruel torturing methods used against adult men.

Using their testimonies, SNHR documented the most common torture methods used against children during their detention in Security Branches or prisons.

1-   Using all methods of physical abuse against all body parts by different tools such as stakes and electric cables, colloquially called (Robai), to beat on the soles and tread on the head.

2-   Completely uprooting fingernails.

3-   Removing hair from different parts of the body

4-   Cutting out flesh by forceps from sensitive organs

5-   Cutting out some parts of the detainee body; such as finger, flesh, or stabbing in the back or stomach

6-   Burning detainee’s skin using chemical acids or cigarettes.

7-   Exposing the detainee after being enforced to take off all clothes and covers to extreme cold.

8-   Depriving the detainee from medical care totally as there is a lack of medical care in large number of prisons.

9-   Preventing the detainee to use the toilet but once or twice a day, forcing him/her sometimes to urinate on himself/herself. If the detainee is allowed to use toilet, the period may not exceed a minute. The detainee is also prevented from taking shower, and going out for a breath of fresh air.

10- Pouring cold water over the body after being hit and wounded.

11- Cracking ribs.

12- Insufficient amount of water and food, which is not enough for a quarter of detainees.

13- Pouring boiling oil or water over legs

14- Cutting the ear with a clipper meant for trimming trees

15- Stressing ears and nose with a mallet.

16- Electric shock, especially in breasts, knees, and elbows.

These torture methods led to the deaths of more than 79 children, documented by name, date, photo, and video.

Detained children are deprived of education and stopped their study years with at least another 150000 children because of destruction, shelling and damage of almost 3200 schools, and breaking into dozens of schools because of student involvement in anti – government demonstrations, more than 140 teachers were killed by Syrian Government’s Armed Forces.

Syrian Government starkly violated a number of Customary IHL rules

Rule 90. Torture, cruel or inhuman treatment and outrages upon personal dignity, in particular humiliating and degrading treatment, are prohibited.

Rule 91. Corporal punishment is prohibited.

Rule 120. Children who are deprived of their liberty must be held in quarters separate from those of adults, except where families are accommodated as family units.

Fourth: Sexual Violence

By conducting multiple interviews with sexual violence victims, we found that there are dozens of minors who were raped. For minors (under 18), we can’t give accurate statistics, since there are many cases that weren’t documented, and many concerned persons declined to talk about the subject. But our estimations refer to more than 400 rapes for minor girls in various Syrian Governorates .

Girls under 15 in the Refai, Karm Alzaitoun and Baba Amr neighborhoods in Homs were raped by Syrian government armed forces. Many minor girls were also raped in similar cases that took in the Damascus countryside, Idlib (Precisely Jisr Alshagour), Daraa, Hama, Lattakia, and other areas. These extensive, systematic methods reflected terribly on the psyches of those girls, since some never had sex, and some girls didn’t know what sex was. Many of them collapsed when they talked about what happened to them. Most documented rape cases occurred during raids, and others occurred in detentions.

Rule 93. Rape and other forms of sexual violence are prohibited.

Rape and sexual violence are associated with non – international armed conflict, and can therefore be prosecuted as war crimes committed by Syrian Government Armed Forces.

The practice of rape and sexual assault was one of the torture methods used in formal and informal detention centers, in violation of International Human Rights Law and International Humanitarian Law.

 

Fifth: Child Recruitment

We didn’t document the Syrian Government Armed Forces’ use of child soldiers in its ranks.

However, children and civilians were used as human shields during raids.

Rule 97. The use of human shields is prohibited.

 

Sixth: Refugee Children

SNHR estimates that more than 75% of the refugees in neighboring countries are made up of women and children. According to the last statistics measured with SNHR, the number of Syrian refugees amounts to 1.650.000, including 149.000 child under the age of 18. Most of them are suffering from harsh living and educational conditions, and urgently require long term psychiatric treatment due to the tragic and horrific experiences of the massacres, shelling, and destruction that occurred in their home towns and villages.

Attachment and annexed are samples of the extensive systematic violations that took place in all the Syrian governorates against Syrian children.

Homs Governorate :

–   Homs , Bab Siba , 28-11-2012 , child lost his eye , received many operations, but they were conducted in vain

https://www.youtube.com/watch?v=BJKswurhhVU

–   Homs , Rastan ,12-11-2012 , trying to revive a child wounded by shelling

https://www.youtube.com/watch?v=RxpjcRObdso

–   Homs , Rastan ,13-5-2012 , child dying from shelling

https://www.youtube.com/watch?v=lLl68cUx6Pc

–   Homs – Adawia ,12-3-2012 , burned body for a child, from direct shelling

https://www.youtube.com/watch?v=0n1c_CoE2QE

–   Homs , Rastan ,3-4-2012 , child has serious injury cause of shelling

https://www.youtube.com/watch?v=C5Ifvk66FfM

–   Homs – Ter Mala village , 14-11-2012 , child has serious injury cause of shelling

https://www.youtube.com/watch?v=KOvm10rQ0oQ

–   Homs – Khaldiah , 20-5-2012 , child injured cause of sniper bullet

https://www.youtube.com/watch?v=-_TiulgQVn0

=============

Daraa Governorate:

–   Daraa -Jizzah , 12-7-2012 ,child shot with three bullets by Syrian Army

https://www.youtube.com/watch?v=YgqFMgezKOQ

–   Daraa – Bosra Alsham  , 11-12-2012 , child’s hand lost cause of shelling

https://www.youtube.com/watch?v=4KjJBkEQlYk

=============

Dier Alzoor Governorate:

–   Dier Alzoor – Mohasan , 19-9-2012 , child lost his leg cause of shelling on bread bakery while trying to get some bread

https://www.youtube.com/watch?v=fet6x5KJAlQ

–   Dier Alzoor – Mohasan , 19-9-2012 , Another child in the same day injured cause of shelling on bread bakery while he was trying to get some bread

https://www.youtube.com/watch?v=D9aRjXq9hBg

=============

Aleppo Governorate:

–   Aleppo – Albab , 18-11-2012 ,  child injured cause of shelling

https://www.youtube.com/watch?v=H_mlcx31rQE

–   Aleppo – Alshaar , 4-11-2012 , child injured cause of shelling

https://www.youtube.com/watch?v=O6MjvIDFs84

–   Aleppo , 8-10-2012 child dying cause of shelling

https://www.youtube.com/watch?v=Mb2n0IgOm94

–   Aleppo – Bostan Alzahra , 3-10-2012 , child shot by a sniper bullet

https://www.youtube.com/watch?v=duEoCvrKDpE

=============

Hama Governorate:

–   Hama , 18-5-2012 , child injured cause of shelling

https://www.youtube.com/watch?v=1AtLgu9p1rM

–   Hama – Almadik castle , 19-2-2012 , child shot by security forces

https://www.youtube.com/watch?v=urPZXE2EsqI

=============

Damascus and countryside:

–   Damascus countryside – Madaia , 5-8-2012 , child shot by a sniper bullet

https://www.youtube.com/watch?v=4_4cD2xpR4w

–   Damascus countryside – Kudsia , 16-6-2012 , child shot by Syrian army’s  bullet

https://www.youtube.com/watch?v=cj5ePa5ITYY

–   Damascus countryside – Kafar Batna , 2-11-2012 , child lost his leg cause of shelling

https://www.youtube.com/watch?v=LlimXcyLxKc

–   Damascus countryside – Moazamiat Alsahm , 12-12-2012 , child shot by a sniper bullet

https://www.youtube.com/watch?v=L_OKRoWCwUc

–   Damascus – Hajar Aswad , 13-12-2012 , child injury cause of shelling

https://www.youtube.com/watch?v=P1GxovcxZSE

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Idlib Governorate:

–   Idlib – Sirmene , 28-9-2012 , child injured cause of shelling

https://www.youtube.com/watch?v=4qIDo1mXYyw

–   Idlib – Bibish , 9-11- 2012 , another child injured cause of shelling

https://www.youtube.com/watch?v=3_rc4nYQhd4

–   Idlib – Aldana , 26-7-2012 , child with severely injured cause of shelling , doctors trying to help him but in vain

https://www.youtube.com/watch?v=m-b2b08IMYs

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Photos

–   Homs / 2012 , child suffering from under-nutrition, weakness caused by blockade of Homs by Syrian Government Armed forces, and lack of food and baby milk

http://syrianhr.org/Upload/savefiles/117.png

–   Homs – Hola / 2012 , displaced civilians, including children, suffer from homelessness and poverty  after leaving everything they have because of shelling by Syrian Government Armed Forces

http://syrianhr.org/Upload/savefiles/2012-11-06T191526Z_1_CBRE8A51CTG00_RTROPTP_2_SYRIA-CRISIS.JPG

–   Damascus countryside / Kafar Batna – 2012 child lost one of his feet because of shelling by MIG

http://syrianhr.org/Upload/savefiles/36335_432951706766043_1623786093_n.jpg

–   Homs /2012 , another child suffering from undernutrition-caused weakness because of blockade of Homs for more than 200 days  by Syrian Government Armed forces, and lack of food and baby milk

http://syrianhr.org/Upload/savefiles/1232.jpg

–   Jordan – Zaatari refugee camp / 2012 , children in Zaatari camp suffering from lack of healthcare and severe weather conditions

http://syrianhr.org/Upload/savefiles/syria-camp470.jpg

–   Syria / 2012, child lost one of his feet because of shelling on civilian houses

http://syrianhr.org/Upload/savefiles/374117_445976182105161_518450115_n.jpg

–   Homs / 2012 , children in a field hospital injured because of shelling

http://syrianhr.org/Upload/savefiles/52.jpg

–   Alshaar – Aleppo / 2012 ,  child sleeping in a pool of his own blood, because of shelling, while a doctor in a field hospital tries to help him

http://syrianhr.org/Upload/savefiles/halab.jpg

–   Haibit – Idlib / 2012 , no treatment is available for children under five because out of fear of having their wounded children abducted, civilians cannot transfer their children to hospitals. The children are treated in one of the available substitutions for field hospitals

http://syrianhr.org/Upload/savefiles/idl.jpg

–   Homs – Kusair / 2012 , children injured cause of shelling

http://syrianhr.org/Upload/savefiles/qusair.jpg

–   Homs/2012 , injured children with no shelter cause their homes are demolished cause of shelling

http://syrianhr.org/Upload/savefiles/image-WLPOD2N2DYAUPRWO.jpg

–   Dier Alzoor , 11/6/2012 , child injured his head cause of shelling

http://syrianhr.org/Upload/savefiles/544896_421624821224748_1376264721_n.png

–   Damascus countryside – Hamoria / 2012 – child injured in a field hospital

http://syrianhr.org/Upload/savefiles/mqdefault.jpg

–   Turkey – refugee camp / 2012 , children in queue to get food

http://syrianhr.org/Upload/savefiles/2134bc7cc46bb9d993eb959eafbdb75a.jpg

–   Aleppo / 2012 , child lost his weight because of the lack of food and children milk and medicines, because the Syrian army prevented entry of these materials

http://syrianhr.org/Upload/savefiles/_______934820632.jpg

–   Aleppo – Bab Alnirb / 2012, child injured in a field because of shelling

http://syrianhr.org/Upload/savefiles/789931835.jpg

–   Damascus countryside /2012  , child’s face completely scarred because of a sniper bullet

http://syrianhr.org/Upload/savefiles/409245_375428265865111_896436824_n.jpg

–   Daraa / 2012, infant girl child injured because of random shelling

http://syrianhr.org/Upload/savefiles/0.jpg

–   Dier Alzoor / 2012 , girl child lost one of her eyes cause of random shelling

http://syrianhr.org/Upload/savefiles/hqdefault.jpg

 

Legal conclusions:

The Syrian government violated both International Human Rights Law and International Humanitarian Law.

According to Article 7 and Article 8 of Rome Statue, and many other rules of  Customary IHL (rules No. 89-90-93-97-120-135),

the Syrian Government Armed Forces committed extensive systematic war crimes and crimes against humanity by unlawful killings, torture, sexual violence.

 

Armed Rebels

1-   Most common violations committed by Armed Rebels include using children under 18 in dangerous non-combat roles (such as: support fighters, medical support, correspondence, espionage, cooking, and other services etc…), and in some rare conditions, fighting and carrying weapons

We did not document any torture, rape, or killing of children by armed rebels.

Conclusions :

2-   SNHR is observing, with concern, the use of children in dangerous non-combat roles, and in rare cases, in combat roles, and to carry weapons. The observations are not extensive.

3-   ICC considers the conscription and enlistment of children under the age of 15, and their enforcement in the participation in hostilities to be war crimes

4-   SNHR didn’t documented any case where children under 15 were forced to carry weapons, but there is evidence and documented cases where children participated in non-combat roles

 

Condemnation and responsibilities:

Responsibilities of the State for internationally wrongful acts, similarly, Customary IHL provides that the State is responsible for all acts committed by the members of its military and security forces, thus, the State is responsible for wrongful acts committed by its military and security forces, including crimes against humanity.

Prohibition crimes against humanity are among the rules of jus cogens or peremptory, and the punishment of such crimes is compulsory according to the General principles of international law. Moreover, the crimes against humanity are the highest violation of basic human rights, which include the right to life and prohibition of torture or other cruel, inhuman and degrading treatment. In accordance with the principles of State responsibility in international law, Syrian Arabic Republic holds responsibility for such crimes and violations. It is their duty to ensure punishment of the perpetrators individually, and to provide compensation to victims.

SNHR holds that all violations committed by Syrian Government Armed Forces accountable to the Syrian government and the General Commander of the army and the armed forces, Bashar Al-Assad, to all the officials of in security branches, and to all financial and moral supporters of those forces, with the legal judicial and material consequences to the victims and their families in addition to all the reactions that will come by the families or their friends.

We also condemn violations committed by some armed rebel factions and demand interim government to take its responsibility in this regard

 

Recommendations :

Human right council

1-   Call upon the security council and relevant organizations to take upon their responsibility towards the Syrian children who have and will, fall victim to murder, rape, and displacement.

2-   Pressure the Syrian government to stop torturing, demand the release of all children, and stop the Syrian government from pressuring their parents through the detention and torture of their children.

3-   Hold the allies and supporters of the Syrian government : Russia , Iran , China ,  morally and physically responsible for what is happening to the Syrian children.

4-   Give serious attention to this case, give it a high priority, and try to take care of tortured victims’ families.

Security Council :

1-   Refer all the criminals and others involved to ICC.

2-   Warn the Syrian Government Troops of the repercussions of using brutal methods and systematic killing, send them a clear message that this will not be tolerated.

Arab League  :

1-   Demand the Human Rights Council and United Nations to give this serious issue the right attention and follow up.

2-   Give serious attention to this case and give it a high priority, and try to take care of tortured child victims and rehabilitate them mentally, physically , educationally.

3-   Apply political and diplomatic pressure on the Syrian Government Troops’ main allies – Russia, Iran and China – to prevent them from continuously providing cover, international and political protection, for all the crimes committed against the Syrian people and hold them morally and physically responsible for all the excessive violence of the Syrian Government Troops.

Transitional Government:

1-   Provide Media and Political attention deserved of this case, and continuously raise these issues in Syrian Friends Conferences.

2-   Demand the Human Rights Council and United Nations to give this serious issue the right attention and follow up.

3-   Form specialized committees to follow up on the conditions of detainees’ families and care for them financially and morally.

4-   Form specialized committees to provide moral and psychological support to rehab children for what’s happening to them in by way of the killing, rape, and displacement.

5-   Condemn, account, and follow up on the torture committed by opposition armed factions .

 

-Report prepared by Syrian Network for Human Rights

Darfur Rebel and ICC War Crime Suspect Killed

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAUGE, Netherlands — Saleh Mohammed Jerbo Jamus, a Sudanese rebel charged with war crimes in Darfur by the International Criminal Court (“ICC”) has been killed, his defense team has said in a statement.

Saleh Mohammed Jerbo Jamus voluntarily surrendered to the ICC in 2010. (Photograph Courtesy of the BBC via Associated Foreign Press)

An ICC document published on Tuesday read: “The Defense of Mr. Saleh Mohammed Jerbo Jamus hereby notifies the trial chamber, with great sadness . . . that Mr. Jerbo died in North Darfur, Sudan on the afternoon of April 19, 2013, and was buried the same day.”

Jerbo, 36, faced charges regarding a deadly attack on African peacekeepers in Darfur in 2007.  Jerbo and fellow Darfur rebel leader Abdallah Banda Abakaer Nourain face three war crimes charges relating to the killing of 12 African Union peacekeepers in an attack on the AU’s Haskanita camp in September 2007.

The two men voluntarily surrendered to the ICC in 2010 and while facing charges, have been free to leave the Netherlands and appear before the Court when summoned.  In 2011, a pre-trial chamber found that there were “substantial grounds” to proceed with trial.

As such, the trial date was set for May 2014; however, before The Hague can drop the case, the Court must receive proof of his death.

Four others are wanted for war crimes in Darfur: Sudanese Defense Minister Abdelrahim Mohamed Hussein; former Sudanese government minister Ahmad Harun; pro-government Janjaweed militia leader Ali Kushayb; and Sudan’s President Omar al-Bashir, whom prosecutors accuse of genocide, crimes against humanity and war crimes in Darfur.

President al-Bashir continues remain at large, defying an ICC arrest warrant as he travels around the continent.

According to the United Nations, at least 300,000 people have been killed in Darfur and two million people have been displaced since the conflict began 10 years ago when rebels began attacking government targets, accusing the Arab-dominated Khartoum regime of oppressing black Africans in favor of Arab communities.

For more information, please see:

AFP  – ICC War Crimes Suspect Killed in Darfur: Laywers – 24 April 2013

All Africa – Sudan: ICC Suspect, JEM-Bashar Deputy Presumable Killed in Darfur – 24 April 2013

BBC – Darfur War Crimes Suspect Rebel Jerbo “Killed in Sudan” – 24 April 2013

Radio Dabanga – Lawyers say ICC Suspect Jerbo Killed in Darfur – 24 April 2013

SNHR Casualties Report: 23 April 2013

Syrian network for human rights documented 123 victims , Tuesday  23/4/2013 all across Syria,  including 13 children, 6 ladies , 17 tortured to death , 27 armed rebels.

Damascus and countryside : 53 victims
Homs : 18 victims
Idlib : 12 victims
Aleppo : 21 victims
Daraa : 13 victims
Dier Alzoor : 1 victim
Tartous : 1 victim
Raqqa : 4 victims
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Syrian Network for Human Rights – London