7/27/2019 Statement by Paulo Sergio Pinheiro Chair of the Independent International Commission of Inquiry on the Syrian Ar

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United Nations General AssemblyPlenary Session

Statement by iVlr. Paulo Srgio PinheiroChair of the Independent International Commission of Inquiry

on the Syrian Arab Republic

New York, 29 July 2013

7/27/2019 Statement by Paulo Sergio Pinheiro Chair of the Independent International Commission of Inquiry on the Syrian Ar

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M. le Prdsident[M. le. Secretaire-Gdnral,]Excellences,Mesdames, MessieursSyria is in free-falL Relentless shelling has killed thousands of civilians and displaced the populationsof entire towns. An untold number of men and women have disappeared while passing through theubiquitous checkpoints. Those freed from detention are living with the physical and mental scars oftorture. Hospitals have been bombarded, leaving the sick and wounded to languish without care. Withthe destruction of thousands of schools, a generation of children now struggle to obtain an education.The country has become a battlefield. Its civilians are repeatedly victims of acts of terror.4.5 million people have been internally displaced. As the war rages on, 18 million people remain intheir homes inside Syria. These families are the first providers of humanitarian aid to their fellowcitizens. The estimated cost of the conflict to Syria's economy is between 60 to 80 billion dollars, athird of its pre-war GDP. Over 2.5 million Syrians are now unemployed and struggling to survive.The war remains deadlocked as both sides labour under the illusion that a military victory is possible.The Govermnent has maintained control of major cities and lines of communication. It continues torely on its superior weaponry and control of the skies. Hundreds of anti-Government armed groupshave increased their operations in the northern and southern governorates. Few have evolved intobetter structured forces, able to fight across several fronts. The majority remain seriously fragmented,with fighters continually shifting allegiances, usually to better-resourced groups. Extremist elementsare a minority but play an active role in hostilities. Violence has spiked in the Kurdish regions ofnorthern Syria with clashes breaking om between Kurdish and anti-Government armed groups.Syria's porous borders have facilitated the involvement of regional armed actors, increasingly alongsectarian lines. The conflict is extending beyond Syria's borders, igniting tensions in the wholeregion.Civilians are the real victims of this prolonged war. Crimes that shock the conscience have become adreadful daily reality in Syria. Over 800 days since the tmrest first began, it is apparent that violationsagainst civilians and hors de combat fighters by both sides continue with little regard to law or toconscience.

Indiscriminate shelling and aerial bombardment continue across Syria. In particular, towns andvillages hosting internally displaced persons from restive areas, such as Horns, have come underrelentless attack.Unlawful attacks by Government forces have been documented in almost every governorate. In manyareas, most recently in the eastern Damascus cotmtryside, shelling occurs on a daily basis. As theconflict has unfolded, the Government has deployed more imprecise weaponry, such as unguidedmissiles, cluster munitions and thermobaric bombs. Interviews with defectors suggest that there is aretributive element to some of these attacks, "punishing" civilians for the presence of armed groups intheir towns and villages.A significant proportion of the casualties are deaths as a result of indiscriminate or disproportionateshelling. Civilians have been killed by mortars landing in the streets; others have been crushed byrubble after their homes were destroyed by barrel bombs. More recently, civilians have been killedwhen surface-to-surface missiles destroyed not only their houses, but also their neighbourhoods.Some anti-Government armed groups - notably around Nubul and Zahra in northern Aleppo andFou'a in Idlib countryside - also indiscriminately shell villages where a significant civilian populationresides. Such attacks result in civilian deaths and injuries. Of extreme concern is whether both

7/27/2019 Statement by Paulo Sergio Pinheiro Chair of the Independent International Commission of Inquiry on the Syrian Ar

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Government forces and anti-Government armed groups are positioning military objectives withincivilian areas, exposing residents to attack by the opposing side.These unlawful attacks are a primary reason for the movement of people inside the country and overits borders. Entire communities are being stalked by shelling. Families move from place to place,through fields and along dirt roads, in search of dwindling safe havens.Government forces, apparently with the support of the National Defence Army, have employed siegesacross the country, cutting off supplies of food, water, medicine and electricity. The prolonged siegesoccurring in Dara'a and eastern Damascus governorates have harrowing consequences on the lives ofcivilians, and in particular on young children and those i:equiring medical care. Multiple attacks onfood security have been reported: interviewees describe harvests being burnt across Hama, Horns,Aleppo and Idlib governorates. Sieges are also employed by anti-Government armed groups,predominantly in northern Aleppo.One of the most insidious aspects of the Syrian conflict has been the disappearance of thousands ofpeople from their homes, at checkpoints and from the streets. Across Syria, families wait in desperatehope that their loved ones will be safely returned to them. One interviewee, held for over a year by aSyrian intelligence agency, was confronted upon his release by dozens of women thrustingphotographs of their husbands, sons and fathers towards him, hoping that he had seen some of themduring his detention.To 'disappear' someone is to place her or him outside the protection of the law. It is often a gatewayto the cormnission of further crimes such as torture. Tomlre, as documented in our reports, continuesto be committed on a widespread and systematic basis, most frequently inside the detention centres ofGovernment intelligence agencies. Torture has also allegedly occurred inside state and militaryhospitals. Some anti-Government armed groups also torture captured soldiers during interrogations,employing the same methods used by intelligence agencies.Crimes of sexual violence, including rape, have been documented as occurring at checkpoints, duringhouse searches and in detention centres. As affirmed by the Security Council in its Resolution 2106 of24 Jtme 2013, sexual violence, when committed as a war crime or crime against humanity, cansignificantly exacerbate and prolong situations of armed conflict and may impede the restoration ofpeace and security.

War casts aside the rule of law. Massacres and other unlawful killings are perpetrated with impunity.Most have been perpetrated by pro-Govermaent forces. Unlawftfl killings by anti-Govermnent armedgroups have occurred, notably in Aleppo, A1 Raqqah and Dayr A1-Zawr governorates.Therhaved)een-strongvertonesfsectafianism_in manyof_theziolations_committed. The,Syrianconflict is extremely complex. It is vital that its sectarian dimension be placed within the broadergeopolitical context. Indeed, it is politics that pushes sectarianism and that now engenders violence ofa more sectarian nature, and which empowers its perpetrators.

The Coimnission's ability to reach victims from all sides, and to present a full picture of the conflict,has been dramatically curtailed by the denial of access to Syria. We are heartened by the recent visitsto Damascus by the Special Representative of the Secretary-General for Children and Armed Conflict,Ms. Leila Zerrougui and by Professor Ake SellstrOm, Head of the Panel of Experts. The Commissionsincerely hopes that the Government of the Syrian Arab Republic will grant us access in the nearfuture making it possible for us to observe, more thoroughly and from all angles, the conflict.

7/27/2019 Statement by Paulo Sergio Pinheiro Chair of the Independent International Commission of Inquiry on the Syrian Ar

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Monsieur le Prdsident,What I have described today may outrage, but these violations are not new. Since August 2011, theyhave been the focus of 10 reports and updates by the Commission of Inquiry. For those who continueto perpetrate violations of international law, there appears to be no fear of future accountability fortheir actions. Turning a spotlight upon their nnlawful conduct has not had the effect of stopping, oreven slowing it.That civilians should come under such sustained unlawful attacks should shock your conscience andspur you to action. But it has not. As the conflict drags on, you - and the world - have becomeaccustomed to levels of violence that were previously unthinkable. The absence of decisive action, bythe community of States' as a whole, has nourished the cnlture of impunity that has developed insideSyria today.This war is a chronicle of missed opportunities on the part of influential states and the internationalcommunity. I repeat the view I expressed as the war began. There is no military solution to thisconflict. This view has also been expressed by many others, including our colleague Lakhdar Brahimi,the Joint Special Representative for the United Nations and the Arab League.fThose who supply arms to the various warring parties are not creating the ground for victory butrather the illusion of victory. This is a dangerous and irresponsible illusion as it allows the war tounfurl endlessly before us. As the conflict extends, it opens the door to further immense humansuffering and the possible conflagration of an entire region.The Govermnent must cease using imprecise weaponry, such as unguided missiles, on civilian areas.Both sides must discontinue the use of sieges as a method of warfare. Above all, there must be acessation in the fighting to allow for humanitarian relief to move unhindered through the country, andto provide a space for the first steps towards dialogue to be taken.It is time for the international community to act decisively. There are no easy choices. To evadechoice, however, is to countenance the continuation of this ,war and its many violations. The conflictwill not find its own peaceful solution. Its path does not flow towards negotiation. Nevertheless areturn to a negotiation leading to a political settlement is imperative. The world must hear the cry ofthe people- stop the violence, put an end to this carnage, halt the destruction of the great country ofSyria!To create conditions amenable to negotiations is your responsibility, and it is most particularly theresponsibility of influential states. Future negotiations should build upon the tenets of the Jtme 2012Geneva Communiqu6. Accountability must form part of the negotiations if any future peace is toendue - ....................................................................................We cannot continue to recite a litany of violations and abuses to little effect either on the warringparties inside Syria or those walking along the corridors of power. It is not enough to be appalled.There is an obligation to do what you must to bring this war to a close. This will requil'e theinternational community not only to recognise, but also to demand, a diplomatic solution.It is time to do what you must to bring Syria to a just and lasting peace.

Thank you.

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