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Examination Number: Y0600476
Department of Politics
University of York
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Examination Number: Y0600476
Human Rights Violations in Syria and International Humanitarian Law
Abstract
Syria and its 22.5 million people currently undergoing the severest conflict faces
imaginable ends: destructive, debilitating civil war that threatens to destroy the whole
country through a vicious armed struggle that divides the sectarian as well destroys the
Syrian state, possibly creating sectarian mass atrocities and forced population
displacement and transfers, that if no formal remedial action is undertaken, the conflict
could cause genocide in most areas of Syria.
The armed conflict has created grave impacts on the civilian populations by causing
forced displacement and transfers of many civilians inside and outside Syria which this
study would like to establish the implications and dilemmas caused by the Syrian
armed conflict based on the following themes: a) impact of armed conflict on children
and their families b) identify assess and analyse human rights violations against
children in situations of armed conflict c) violations and implications of international
law d) efforts of national and international actors to address the human rights violations
e) gaps and dilemmas brought by the armed conflict f) conclusions.
By analysing the above themes the report would like to reflect on the applications of
international humanitarian law responsible to averting the massive violations of child’s
rights through the involvement of all actors in armed conflict in Syria.
Examination Number: Y0600476
Concepts and Definitions of International Humanitarian Law
International humanitarian law, being referred to as the law of armed conflict,
recognizes two categories of armed conflict: international and non-international.
By concepts and definition, international armed conflict involves the use of armed force
by one State against another, and non-international armed conflict involves hostilities
between government armed forces and organized armed groups or between such
groups within a state (The Law of Internal Armed Conflict, Cambridge Studies in
International and Comparative Law, Cambridge University Press, UK, 2002, pp.49-50)
By interpretations:
i) International armed conflict is the waging of hostilities between two or more
states or as Common Article 2 of Geneva Conventions of 1949 which states “all
cases of declared war or any other armed conflict which may arise between two or more
High Contracting Parties”, and
ii) Non international armed conflict is any armed struggle fought out between
government armed forces and rebel faction (s) or between various armed groups
in one state, without any international intervention by another state or the
United Nations.
Therefore armed conflicts refers to any violent clashes between organized groups
through defined violence between states or between armed groups within a state in a
very intensive form of hostilities in a collective way or wider scale or similarly can
imply any sustainable struggle by armed forces of a certain intensity between groups of
a certain size consisting of individuals who are armed under responsible command
(Handbook of International Humanitarian Law, Second Edition (Oxford: Oxford
University Press, 2008).
Examination Number: Y0600476
Qualification of Armed Conflict
International humanitarian law refers to two different types of armed conflict:
international armed conflicts and conflicts of a non-international character, which
impressions is explained in the four Geneva Conventions of 1949 (with the exception of
Common Article 3) and 1977 Additional Protocol I concern international armed
conflicts. Common Article 3 to the 1949 Geneva Conventions and the 1977 Additional
Protocol II concern armed conflicts of a non-international character.
What is International Armed Conflicts?
An international armed conflict usually refers to an inter-state conflict. Common
Article 2 of the 1949 Geneva Conventions states, “In addition to the provisions which shall
be implemented in peace-time, the present Convention shall apply to all cases of declared war or
of any other armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them. The Convention shall also apply
to all cases of partial or total occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance”. The ICRC commentary on the provision
explains, “Any difference arising between two States and leading to the intervention of
members of the armed forces is an armed conflict within the meaning of Article 2, even if one of
the Parties denies the existence of a state of war. It makes no difference how long the conflict
lasts, or how much slaughter takes place. The respect due to the human person as such is not
measured by the number of victims.” (ICRC Commentary on the Four Geneva
Convention of 1949, pp. 20-21).
Examination Number: Y0600476
What is Non-International Armed Conflict?
The ICTY affirmed that a non-international armed conflict exists when there is:
“protracted armed violence between governmental authorities and organized armed groups or
between such groups within a State.” Thus, in the view of the ICTY, for there to be a non-
international armed conflict, non-state armed groups must carry out protracted
hostilities; and these groups must be organized. Two key treaty provisions set
thresholds for identifying the law applicable to armed conflicts of a non-international
character:
 Common Article 3 to the 1949 Geneva Conventions; and
 Article 1 of 1977 Additional Protocol II to the 1949 Geneva Conventions.
Application of Common Article 3 to the 1949 Geneva Conventions
It provides that, in case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following provisions. In its commentary on the
article, the ICRC states that: “Speaking generally, it must be recognized that the conflicts
referred to in Article 3 are armed conflicts, with armed forces on either side engaged in hostilities
conflicts, which are in many respects similar to an international war, but take place within the
confines of a single country. In many cases, each of the Parties is in possession of a portion of the
national territory, and there is often some sort of front.” (ICRC Commentary on the Four
Geneva Conventions of 1949, p.36).
Examination Number: Y0600476
Application of 1977 Additional Protocol II
This Protocol supplements Article 3 common to the Geneva Conventions of 12 August
1949 applied to all armed conflicts which are not covered by Article 1 of the Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts (Protocol I) and which takes place in the
territory of a High Contracting Party between its armed forces and dissident armed
forces or other organized armed groups which, under responsible command, exercise
such control over a part of its territory as to enable them to carry out sustained and
concerted military operations and to implement this Protocol.
The same Protocol does not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as
not being armed conflicts. Commentary of ICRC states, “the Protocol only applies to
conflicts of a certain degree of intensity and does not have exactly the same field of application as
common Article 3, which applies in all situations of non-international armed conflict.” (ICRC
Commentary on the 1977 Additional Protocols to the Geneva Convention of 1949, p.
1348).
Background of Syrian Conflict
The most profound social upheaval that happened in Syria started from March, 2011
subsequent to the instability had been going on since 1960s that brought the Assad
family into power in 1970; the upheaval heightened across the country as attempt by the
Examination Number: Y0600476
government forces to quell down the uprising of the civilian populations in a reaction to
government indiscriminate human rights violation against its civilian populations from
2011 to date. Many civilian populations have been forced to flee for refuge and safety in
the neighbouring countries and about 156,000 people fled their villages and cities either
before or after the government attack while others returned after the government forces
had left. Several homes and property got destroyed by heavy machinery forcing
displacement into other countries for resettlement as a result of the government of
Syria’s counter repressive action against the resistance and protests from civilian
populations. This had started way back from 1970s when greater numbers of Kurdish
people were displaced from the north-eastern province of Al Jazeera after the
government had deprived them rights to citizenship forcing up to 60,000 Kurds
protracted displacement along Turkish border as well Aleppo and Hasaka (Global
Overview 2011, Internally Displaced by Conflict and Violence, Norwegian Refugee
Council, p. 79).
Causes of Armed Conflict
The armed conflict in Syria has developed to the level of serious fighting between the
ruling government and rebel groups in the country coming to three years where each
side sees themselves as fighting for survival. The drivers behind this serious fighting by
both sides is that they all believe they can prevail militarily not through any other
means and the situations worsened between November-December, 2012 when the rebel
groups gained control in most villages, small towns, rural areas including strategic
Examination Number: Y0600476
junctions in south-west, the south-east including the Lebanese and Turkish border after
the government forces had withdrawn from that parts of the territory. Albeit, certain
Kurdish areas of northern and eastern in Syria were being controlled by various
opposition parties working together in the Supreme Kurdish Council through a
Democratic Union Party referred to as “Partiya Yekitiya Demokrat, PYD”, who are
occupying the most dominant position by working together to establish local structures
of self administration, law and order while promoting non armed struggle against the
Syrian government forces. The Partiya Yekitiya Demokrat (PYD) and the Free Syrian
Army (FSA) also on one hand controls individuals crossing along the Turkish border
though not yet succeeded in seizing complete and lasting control of larger territories
and major cities, Damascus, Aleppo, Homs, Hama and Deir al-Zor still remain under
the control of the Syrian government,
(www.polgeonow.com/search/label/syria).
Forms of Armed Actors
As the Syrian conflict enters third year, its impact has worsened for the children and the
people so far estimated to have been killed has reached over 70,000 people with many
thousand being children. The perpetrators to the armed conflict are majorly
government forces which includes Syrian armed forces, the intelligence forces and the
shabbiha militia whose armed activities include shelling, missile firing and heavy aerial
and artillery bombardment of people’s homes, schools and hospitals resulting in killing,
severe psychological distress, displacement and injury of civilian population, the
Examination Number: Y0600476
majority being children and women. While on the other hand the armed opposition
groups called Free Syrian Army (FSA) whose activities include use of terror tactics such
as car and other bombs in civilian areas as well near schools and public places like
hospitals and settlement camps resulting in the death and injury of children and other
civilians. More armed opposition groups are developing in the Syrian conflict and they
include the Kurdish Democratic Union (KDU) and Nusra Front (NF) who are the
largest emerging competing armed opposition from northern Syria in serious battle
against each other over the struggle of who should control key towns close to the
Turkish border,
(http://en.wikipedia.org/wiki/List_of_armed_groups_in_the_Syrian_civil_war).
The above reference provides a list of different armed actors operating in Syria
currently being from the Syrian government and opposition armed forces.
The Syrian government include: a) Syrian government mainly by Syrian armed forces
primarily consisting of government force. b) Shabbiha who is notorious pro-
government Alawite militia. c) Hezbollah who is militant group based in Lebanon.
The opposition armed groups include: a) Free Syrian Army as the main opposition
group majorly constituted by Syrian defected soldiers. b) Al Nusra Front who is part of
Al Qeada movement. c) Alfad al-Rasul Brigade as independent brigades. d) Syrian
Islamic Liberation Front as a coalition of Islamic rebel brigades. e) Syrian Islamic Front
as a Salafist umbrella organization of Islamic rebel groups. f) Islamic State of Iraq and
Syria which is Al Qeada branch in Iraq as the main supporter to Al Nusra Front.
Examination Number: Y0600476
Victims of Violations
The use of heavy weaponry and the alleged use of cluster munitions in heavily
populated areas resulted into children and other civilian casualties. A point of reference
is a village near Ar Raqqah, where many boys suffer injury and loss of hands and limbs
when they picked up unexploded cluster of bomblets. Similar incidences happened in
Hamah, Ar Rastan, Mohassan, Aleppo and Idlih where both government forces
committed most of those casualties and as well the armed opposition groups have
acquired and used heavy weapons against the civilian population. The effect of the
conflict in Syria continues to have more children killed, injured and maimed by heavy
artillery, airstrikes, crossfire and explosive remnants of war as a result of the conflict
that occurred in Damascus, Homs, Dera’a and Aleppo where many children became
refugees inside Syria between 2011 and 2013. Another incidences on record was the
killing of Palestinians and other refugee children with several others injured, forced to
flee their homes and live in internally displaced persons camps due to government air
strikes and bombardment in controlled areas by Free Syria Army and opposition
groups since the government forces had formed ally with Shabbiha militia operating in
contested areas of control. A point of reference is in May of 2012, when the government
soldiers and Shabbiha members had entered El Houleh village, Homs and killed 100
civilians including 41 children. The local schools where people had sought refuge were
bombed by government forces causing the death of several children while on the other
hand opposition groups engaging in the terror tactics in cars and other bombings near
Examination Number: Y0600476
schools and public places like shops, hospitals, markets leading to death, injury to
children and civilians in the Syrian Arab Republic.
Several reports have shown incidences of detention, torture and ill treatment of children
on allegation of being associated with the opposition groups and as a result caused
violence against boys to obtain information and confession by state forces more
particularly by state intelligence services and the Syrian armed forces. A case for
reference is the situation in which a 16 year old boy in Kafr Nabal in Idlib witnessed the
sexual assault and the killing of his 14 year friend while in detention. On other
incidences the government armed forces have used children as human shields,
especially in circumstances when they have raided local primary schools as it was in
Safira in Aleppo where over 30 boys and 25 girls taken hostage within the age bracket
of 10 to 13 years by making them object of public campaign to flush out the Free Syrian
Army who had occupied the town.
Several reports have also indicated that children are being used by armed opposition
groups of Free Syrian Army and on instances where any child is suspected to be
associated with them s/he is always linked to their older relatives believed to be agents
for recruiting child solders to joining the opposition armed group by the government
authorities or state agents, which puts the children and their older relatives at risk of
unlawful arrest, torture, detention or killing or hash and ill treatment. The similar cases
of abuse and violations of human rights are reported to be committed by the opposition
Examination Number: Y0600476
armed groups through abduction and rape of women and girls in cities, villages and
neighbourhoods perceived to be in favour of the current Syrian government (Human
Rights violations in Syria, www.iamsyria.org).
Effects of Violations and Implications
Protection of children is the key humanitarian issue in conflict affected areas, yet
according to study findings on most rights violations in Syria during the three year
armed conflict, the six grave violations against children commonly reported includes:
a) Killing, or maiming of children: the most implicit violations against the international
laws, Common article 3 of the Geneva Conventions 1949 which states“ persons taking no
active part in hostilities shall in all circumstances be treated humanely, without any adverse
distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar
criteria”, in light to Rule 135 of Customary International Humanitarian Law stating
“children affected by armed conflict are entitled to special respect and protection” which
observations provided in Customary International Humanitarian Law, Volume 1
Cambridge University Press (2005) as well the Principles of Distinction and
Proportionality being the universally accepted, enshrined in the Geneva Conventions
and other international treaties considered fundamental customary norms of
international humanitarian law applicable to both state and non state parties in all
armed conflict with the aim to protect civilians against effect of hostilities and
preventing unnecessary collateral damage resulting from combat operations. The two
principles prohibit indiscriminate and inappropriate military attacks directed against
Examination Number: Y0600476
civilians while such attacks amounts to grave breaches of the Geneva Conventions and
it’s Protocols, providing protection of children from serious injury as well rights to life,
liberty and security of persons to be the states’ responsibility to ensuring these rights
are protected. Any killing, torture or ill treatment of children during wartime is banned
under the Universal Declaration of Human Rights adopted by the UN General
Assembly of 1948.
b) Recruitment and use of child soldiers: prohibited under the international humanitarian
law, especially of treaty and customs which states “parties to conflict must not recruit or
deploy children as soldiers by preventing them from participating in any hostilities”. The same
also applies to the human rights law which declares 18 years as the minimum legal age
for recruitment and use of children in hostilities; meaning any recruitment under the
age of 18 years is against the Conventions on Rights of Child and Additional Protocols
to Geneva Conventions prohibiting recruitment of children into armed forces or armed
groups or by allowing them to take part in any hostilities forms part of international
customary law to be applied by states and not state actors. Indeed the statutes of the
UN endorsed by international tribunals for Yugoslavia, Rwanda and Sierra Leone all
declare that the recruitment and use of children under the age of 15 years in armed
conflict is war crime also supported by the Rome Statutes of International Criminal
Court consistent to Article 77 (2), Additional Protocol I to Geneva Conventions, stating
“the parties to the conflict shall take all feasible measures in order that children who have not
attained the age 15 years do not take direct part in hostilies and in particular, they shall refrain
from recruiting them into their armed forces”. This means children 18 years old the only
Examination Number: Y0600476
recommended age for recruitment into armed forces observed by both states and non
state actors at all times.
c) Rape and other forms of sexual violence against children, prohibiting all parties of conflict
from raping and sexually abusing children during situations of armed conflict as a
serious violations of Article 77 (1), Additional Protocol I of Geneva Conventions stating,
“Children shall be the object of special respect and shall be protected against any form of indecent
assault”. Therefore rape and other forms of sexual violence against children, both boys
and girls are the most serious human rights violations which can amount to grave
breaches of international humanitarian law according to Article 27 of 4th Geneva
Conventions prohibiting such actions by stating, “women including girls shall be protected
against any attack on their honour, in particular against rape, enforced prostitution, or any form
of indecent assault”. Similar provision also found in Article 37, Convention of Rights of
Child stating, “State parties must protect the child from all forms of sexual exploitation and
sexual abuse”. Rape and sexual abuse being recognized as serious crimes whose
perpetrators punishable through prosecution before International Court of Law.
d) Abduction of children, prohibited in Article 35, Conventions on the Rights of Child
stating, “State parties shall take all appropriate national, bilateral and multilateral measures to
prevent the abduction of, the sale of or traffic in children for any purpose or in any form”. This
means any abduction or seizure of children against their will or the will of their adult
guardians, either temporality or permanently without due cause, becomes illegal under
international humanitarian law which violations labelled grave breaches of the Geneva
Conventions amounting to crime against humanity and war crime. The same applies to
Examination Number: Y0600476
unlawful or arbitrary detention of children as violations of international humanitarian
law and human rights law.
e) Attacks on schools and hospitals, prohibited in 4th Article of Geneva Conventions of
targeting of civilian objects, especially schools and hospitals to be distinguished from
military objectives and protected against the consequence of military operations. Also
according to Article 48, Additional Protocol I, Geneva Conventions states, “all parties to
the conflict shall at all times distinguish between the civilian population and combatants and
between civilian objects and military objectives and accordingly shall direct their operations only
against military objectives”. Meaning protection afforded to schools and hospitals must
conform to the international customary and treaty law stating, “a party to conflict must
guard against targeting or attacking schools and hospitals amidst the opposition group or
country’s civilian population, as well safeguarding the schools and hospitals from attack within
its civilian population or that which fall under their control”. The Convention on the Rights
to Child recognizes the importance of children’s rights to education and right to health
care which rights is reflected in international and regional agreements including
Universal Declaration of Human Rights (1948) and International Convention of
Economic, Social and Cultural Rights (1966) addressing the rights of all persons through
enjoyment of physical and mental health and the right of every child to education.
Therefore, attack on schools and hospitals or other education and medical facilities
ordinarily used by children becomes central focus of international humanitarian law,
human rights law, Geneva Conventions and its Protocols and other forms of customary
law and norms.
Examination Number: Y0600476
f) Denial of humanitarian access to children, prohibited on the 4th Article of Geneva
Convention and its Additional Protocol I states, “Denial of humanitarian access to children
and attacks against humanitarian workers assisting children prohibited”. Any violations is
against customary international law stating, “parties to conflict must allow and facilitate aid
to any civilian population in need, subject to their right of control”, while provision of such
relief must be impartial conducted without any adverse distinction based on race, age
or ethnicity as being reflected in the 4th Article of Geneva Convention and Protocol I,
meaning consent to providing relief aid to civilian population including children, must
not be refused by conflict party and every party must refrain from deliberate
obstruction, denial or refusal of supplies to civilians in need in areas under their control
as fulfilment of Article 23, 4th Geneva Convention stating, “parties must also permit the
free passage of all consignments of essential foodstuff s, clothing and tonics intended for children
under 15, expectant mothers and maternity cases. And when distributing humanitarian relief
priority must be given to such persons as children, expectant mothers and maternity cases”.
The above six grave violations against children during armed conflict constitutes to:
a) breach of the Geneva Conventions and their Protocols, b) violations of customary
norms of international law, c) violations of obligations of the Conventions on the Rights
of the Child and other international and regional human rights treaties, d) war crime or
crime against humanity under Rome Statute whose perpetrators, or commanders and
political leaders are to account for such crimes.
Examination Number: Y0600476
Efforts of National and International Actors
Actions taken: The action of humanitarian actors in Syria involves political,
humanitarian assistance, military and operational support to parties of the civil war,
and as result, the Syrian armed conflict has drawn significant international attention,
making both national government and the armed groups receiving military and
diplomatic support from foreign countries. A large number of state and humanitarian
bodies, including the UN, are involved in providing aid and accommodation to a large
number of Syrian refugee in neighboring countries of Jordan, Lebanon, Iraq and Turkey
while significant number of refugees also gone to Egypt for resettlement. On the other
hand there is the involvement of Human rights Watch and human rights advocates
including ICRC and MSF in monitoring of any human rights violations in Syria and
sharing its information across international media domains in order tell the whole
world about all inhumane treatment through killing or maiming, beatings, abductions,
detention and brutal torture including any crimes committed against humanity and
crimes of war by informing as well mobilizing international community for protection
intervention to the affected persons as a result of the armed conflict through
engagement of public campaigns.
Gaps and Dilemmas: The massive displacement of the people of Syria was because of
the government policies of sectarian politics and military action against its people, and
as a result it created increasing brutal repression against its population which has
drawn the international community to act. However, the Syrian aspirations for freedom
Examination Number: Y0600476
has been exploited by regional tier governments and international humanitarian actors
due to strategic political interests, hence letting the humanitarian crises caused by
armed conflict go on without achieving lasting solutions to date. The situation of armed
conflict in Syria has created regional divide among participating international actors in
that they are divided along diversified interests, while the Turkish and Arab League
hardened on Assad regime; Iran, Iraq and Lebanon supported his regime. The United
States and European Union enacted comprehensive sanctions against individuals,
organizations and Syria as a country though it yielded very little results, while the UN
Security Council who is the brain master behind promotion and observation of Human
rights during armed conflict of both international and non international character did
not act against Assad brutal regime on preference for Russian and China diplomatic
relations and war material supplies to Syria offering quiet voice and dead silence to the
implementation of the ratified international humanitarian law which should govern all
international humanitarian actions during humanitarian emergencies (The Struggle for
Syria, Joseph Holiday, December 2011, p. 22-23).
Conclusions
The research study has revealed the following findings and outcomes for reflective
affirmative actions:-
A growing humanitarian crisis: Over 6.8 million affected people by the Syrian Armed
conflict do require urgent humanitarian assistance without much delay, more especially
where the situations of hunger is appalling for children, being the majority who are
Examination Number: Y0600476
starving due to insufficient food aids supply. In addition to that, access to affected
populations remains to be difficult and impossible to reach by most international
humanitarian organizations or agencies as women and children continue to suffer from
displacement and can live on empty stomach for weeks or months unless they have
received any humanitarian assistance through any lucky international humanitarian
relief aids agencies or organizations, provided, it is delivered through safe and
impartial delivery with the civilians not taken as hostage by the belligerents while their
protection being guaranteed by all parties. Many women and children are the victims of
the Syrian conflict since they become the targets of violence, inaccessibility to or
inadequate food bank, clean water and other basic necessities become a daily struggle
for survival which leaves them in dire conditions most times.
Unpredictable humanitarian space: The influx of displaced persons and refugees
continue to create intense social, economic and political pressures which puts the
stability of all regions where the affected move at risk from the attacks of parties to the
conflict. The situation makes it unreachable or impassable to many international
humanitarian agencies or organizations who should have come to provide emergency
assistance. In spite of the efforts by the United Nations to mobilize donors to come to
the rescue of the affected population as a result of the conflict in Syria, the needs
continue to out space the already available resources and if this continues for long time
women and children will suffer starvation, death and population reduction, therefore
Examination Number: Y0600476
involvement of more international community is hereto being called upon to act within
the shortest time possible.
Protection of children from recruitment into armed forces: The government of Syria
should adopt the law forbidding the recruitment and use of children under the age of
18, and this must be enforced and observed by all parties to the conflict in a fair and
equitable way to have the children protected during situations of any armed conflict.
Also everything should be done to prevent children from compromising their future by
taking up arms or joining armed forces as well commanders must be put to strict rules
of law concerning procedures and methods of running recruitment into the armed
forces including right and internationally acceptable age brackets, otherwise they
should be held accountable for recruiting and using children in the battlefields.
Arbitrary arrest, detention and ill treatment of children: Children continue to suffer
from detention by the government authorities on security charges or suspicion that they
or their families are sympathizers of the opposition armed groups. Because of this
security issue, children are mistreated, tortured and detained in degrading conditions
leaving many families without the news of the relatives. Case of sexual violence, rape
and abduction keep crowding the media domain and this would call for immediate
protection intervention by international humanitarian actors like ICRC and MSF
including member states of the United Nations Security Council to take serious action at
all costs.
Examination Number: Y0600476
Denial of education opportunity to Syrian generation: While most of the schools in
Syria continue to be under severe attacks by the conflict parties or some times bombed,
used as military barracks, prisons, or closed due to insecurity reasons thousands of
Syrian children become out of school for many months or ever years and a result suffer
from delayed education opportunity. It is paramount to take note that education is one
of the effective ways to build a community, society and nation and where there is no
education the people of that particular geographical location remain backward and
under developed.
The belligerents to take responsibility and accountability: The study has learned of the
six gave violations committed against children in situations of the armed conflict to
include: a) killing, or maiming, b) recruitment and use of child soldiers, c) rape and
other forms of sexual violence against children, d) abduction of children, e) attacks on
schools and hospitals, and f) denial of humanitarian access to children. These violations
have been committed on daily basis against children in Syria since the outbreak of
armed conflict and as result the government armed forces, all associated militias,
opposition armed groups must answer before the international Court of Law about the
atrocities they committed against humanity in Syria. The whole world need to be told
about these grave violations in Syria armed conflict as a way towards accountability
and ending impunity of perpetrators because without lasting political solution, children
will continue to suffer the dire consequences of Syria’s three years armed conflict
known in the world history today.
Examination Number: Y0600476
Reference
1. The Law of Internal Armed Conflict, Cambridge Studies in International and
Comparative Law, Cambridge University Press, UK, 2002, pp.49-50.
2. Handbook of International Humanitarian Law, Second Edition (Oxford: Oxford
University Press, 2008).
3. ICRC Commentary on the Four Geneva Convention of 1949, pp. 20-21.
4. ICRC Commentary on the Four Geneva Conventions of 1949, p.36.
5. ICRC Commentary on the 1977 Additional Protocols to the Geneva Convention of
1949, p. 1348.
6. Global Overview 2011, Internally Displaced by Conflict and Violence, Norwegian
Refugee Council, p. 79.
7. www.polgeonow.com/search/label/syria
8. http://en.wikipedia.org/wiki/List_of_armed_groups_in_the_Syrian_civil_war
9. Human Rights violations in Syria, www.iamsyria.org
10. Customary International Humanitarian Law, Volume 1 Rules (International Red
Cross Committee, 2005).

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MIHA Module 2 Assignment

  • 1. Examination Number: Y0600476 Department of Politics University of York Electronic Essay Submission Cover Sheet This cover sheet should be the first page of your essay. Examination Number: Y0600476 Module: 2 Essay Deadline: 26/8/2013 I confirm that I have - checked that I am submitting the correct and final version of my essay - formatted my essay in line with departmental guidelines - conformed with University regulations on academic integrity - included an accurate word count - put my examinations number on every page of the essay - not written my name anywhere in the essay - saved my essay in pdf format PLEASE TICK BOX TO CONFIRM √
  • 2. Examination Number: Y0600476 Human Rights Violations in Syria and International Humanitarian Law Abstract Syria and its 22.5 million people currently undergoing the severest conflict faces imaginable ends: destructive, debilitating civil war that threatens to destroy the whole country through a vicious armed struggle that divides the sectarian as well destroys the Syrian state, possibly creating sectarian mass atrocities and forced population displacement and transfers, that if no formal remedial action is undertaken, the conflict could cause genocide in most areas of Syria. The armed conflict has created grave impacts on the civilian populations by causing forced displacement and transfers of many civilians inside and outside Syria which this study would like to establish the implications and dilemmas caused by the Syrian armed conflict based on the following themes: a) impact of armed conflict on children and their families b) identify assess and analyse human rights violations against children in situations of armed conflict c) violations and implications of international law d) efforts of national and international actors to address the human rights violations e) gaps and dilemmas brought by the armed conflict f) conclusions. By analysing the above themes the report would like to reflect on the applications of international humanitarian law responsible to averting the massive violations of child’s rights through the involvement of all actors in armed conflict in Syria.
  • 3. Examination Number: Y0600476 Concepts and Definitions of International Humanitarian Law International humanitarian law, being referred to as the law of armed conflict, recognizes two categories of armed conflict: international and non-international. By concepts and definition, international armed conflict involves the use of armed force by one State against another, and non-international armed conflict involves hostilities between government armed forces and organized armed groups or between such groups within a state (The Law of Internal Armed Conflict, Cambridge Studies in International and Comparative Law, Cambridge University Press, UK, 2002, pp.49-50) By interpretations: i) International armed conflict is the waging of hostilities between two or more states or as Common Article 2 of Geneva Conventions of 1949 which states “all cases of declared war or any other armed conflict which may arise between two or more High Contracting Parties”, and ii) Non international armed conflict is any armed struggle fought out between government armed forces and rebel faction (s) or between various armed groups in one state, without any international intervention by another state or the United Nations. Therefore armed conflicts refers to any violent clashes between organized groups through defined violence between states or between armed groups within a state in a very intensive form of hostilities in a collective way or wider scale or similarly can imply any sustainable struggle by armed forces of a certain intensity between groups of a certain size consisting of individuals who are armed under responsible command (Handbook of International Humanitarian Law, Second Edition (Oxford: Oxford University Press, 2008).
  • 4. Examination Number: Y0600476 Qualification of Armed Conflict International humanitarian law refers to two different types of armed conflict: international armed conflicts and conflicts of a non-international character, which impressions is explained in the four Geneva Conventions of 1949 (with the exception of Common Article 3) and 1977 Additional Protocol I concern international armed conflicts. Common Article 3 to the 1949 Geneva Conventions and the 1977 Additional Protocol II concern armed conflicts of a non-international character. What is International Armed Conflicts? An international armed conflict usually refers to an inter-state conflict. Common Article 2 of the 1949 Geneva Conventions states, “In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance”. The ICRC commentary on the provision explains, “Any difference arising between two States and leading to the intervention of members of the armed forces is an armed conflict within the meaning of Article 2, even if one of the Parties denies the existence of a state of war. It makes no difference how long the conflict lasts, or how much slaughter takes place. The respect due to the human person as such is not measured by the number of victims.” (ICRC Commentary on the Four Geneva Convention of 1949, pp. 20-21).
  • 5. Examination Number: Y0600476 What is Non-International Armed Conflict? The ICTY affirmed that a non-international armed conflict exists when there is: “protracted armed violence between governmental authorities and organized armed groups or between such groups within a State.” Thus, in the view of the ICTY, for there to be a non- international armed conflict, non-state armed groups must carry out protracted hostilities; and these groups must be organized. Two key treaty provisions set thresholds for identifying the law applicable to armed conflicts of a non-international character:  Common Article 3 to the 1949 Geneva Conventions; and  Article 1 of 1977 Additional Protocol II to the 1949 Geneva Conventions. Application of Common Article 3 to the 1949 Geneva Conventions It provides that, in case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions. In its commentary on the article, the ICRC states that: “Speaking generally, it must be recognized that the conflicts referred to in Article 3 are armed conflicts, with armed forces on either side engaged in hostilities conflicts, which are in many respects similar to an international war, but take place within the confines of a single country. In many cases, each of the Parties is in possession of a portion of the national territory, and there is often some sort of front.” (ICRC Commentary on the Four Geneva Conventions of 1949, p.36).
  • 6. Examination Number: Y0600476 Application of 1977 Additional Protocol II This Protocol supplements Article 3 common to the Geneva Conventions of 12 August 1949 applied to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which takes place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. The same Protocol does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts. Commentary of ICRC states, “the Protocol only applies to conflicts of a certain degree of intensity and does not have exactly the same field of application as common Article 3, which applies in all situations of non-international armed conflict.” (ICRC Commentary on the 1977 Additional Protocols to the Geneva Convention of 1949, p. 1348). Background of Syrian Conflict The most profound social upheaval that happened in Syria started from March, 2011 subsequent to the instability had been going on since 1960s that brought the Assad family into power in 1970; the upheaval heightened across the country as attempt by the
  • 7. Examination Number: Y0600476 government forces to quell down the uprising of the civilian populations in a reaction to government indiscriminate human rights violation against its civilian populations from 2011 to date. Many civilian populations have been forced to flee for refuge and safety in the neighbouring countries and about 156,000 people fled their villages and cities either before or after the government attack while others returned after the government forces had left. Several homes and property got destroyed by heavy machinery forcing displacement into other countries for resettlement as a result of the government of Syria’s counter repressive action against the resistance and protests from civilian populations. This had started way back from 1970s when greater numbers of Kurdish people were displaced from the north-eastern province of Al Jazeera after the government had deprived them rights to citizenship forcing up to 60,000 Kurds protracted displacement along Turkish border as well Aleppo and Hasaka (Global Overview 2011, Internally Displaced by Conflict and Violence, Norwegian Refugee Council, p. 79). Causes of Armed Conflict The armed conflict in Syria has developed to the level of serious fighting between the ruling government and rebel groups in the country coming to three years where each side sees themselves as fighting for survival. The drivers behind this serious fighting by both sides is that they all believe they can prevail militarily not through any other means and the situations worsened between November-December, 2012 when the rebel groups gained control in most villages, small towns, rural areas including strategic
  • 8. Examination Number: Y0600476 junctions in south-west, the south-east including the Lebanese and Turkish border after the government forces had withdrawn from that parts of the territory. Albeit, certain Kurdish areas of northern and eastern in Syria were being controlled by various opposition parties working together in the Supreme Kurdish Council through a Democratic Union Party referred to as “Partiya Yekitiya Demokrat, PYD”, who are occupying the most dominant position by working together to establish local structures of self administration, law and order while promoting non armed struggle against the Syrian government forces. The Partiya Yekitiya Demokrat (PYD) and the Free Syrian Army (FSA) also on one hand controls individuals crossing along the Turkish border though not yet succeeded in seizing complete and lasting control of larger territories and major cities, Damascus, Aleppo, Homs, Hama and Deir al-Zor still remain under the control of the Syrian government, (www.polgeonow.com/search/label/syria). Forms of Armed Actors As the Syrian conflict enters third year, its impact has worsened for the children and the people so far estimated to have been killed has reached over 70,000 people with many thousand being children. The perpetrators to the armed conflict are majorly government forces which includes Syrian armed forces, the intelligence forces and the shabbiha militia whose armed activities include shelling, missile firing and heavy aerial and artillery bombardment of people’s homes, schools and hospitals resulting in killing, severe psychological distress, displacement and injury of civilian population, the
  • 9. Examination Number: Y0600476 majority being children and women. While on the other hand the armed opposition groups called Free Syrian Army (FSA) whose activities include use of terror tactics such as car and other bombs in civilian areas as well near schools and public places like hospitals and settlement camps resulting in the death and injury of children and other civilians. More armed opposition groups are developing in the Syrian conflict and they include the Kurdish Democratic Union (KDU) and Nusra Front (NF) who are the largest emerging competing armed opposition from northern Syria in serious battle against each other over the struggle of who should control key towns close to the Turkish border, (http://en.wikipedia.org/wiki/List_of_armed_groups_in_the_Syrian_civil_war). The above reference provides a list of different armed actors operating in Syria currently being from the Syrian government and opposition armed forces. The Syrian government include: a) Syrian government mainly by Syrian armed forces primarily consisting of government force. b) Shabbiha who is notorious pro- government Alawite militia. c) Hezbollah who is militant group based in Lebanon. The opposition armed groups include: a) Free Syrian Army as the main opposition group majorly constituted by Syrian defected soldiers. b) Al Nusra Front who is part of Al Qeada movement. c) Alfad al-Rasul Brigade as independent brigades. d) Syrian Islamic Liberation Front as a coalition of Islamic rebel brigades. e) Syrian Islamic Front as a Salafist umbrella organization of Islamic rebel groups. f) Islamic State of Iraq and Syria which is Al Qeada branch in Iraq as the main supporter to Al Nusra Front.
  • 10. Examination Number: Y0600476 Victims of Violations The use of heavy weaponry and the alleged use of cluster munitions in heavily populated areas resulted into children and other civilian casualties. A point of reference is a village near Ar Raqqah, where many boys suffer injury and loss of hands and limbs when they picked up unexploded cluster of bomblets. Similar incidences happened in Hamah, Ar Rastan, Mohassan, Aleppo and Idlih where both government forces committed most of those casualties and as well the armed opposition groups have acquired and used heavy weapons against the civilian population. The effect of the conflict in Syria continues to have more children killed, injured and maimed by heavy artillery, airstrikes, crossfire and explosive remnants of war as a result of the conflict that occurred in Damascus, Homs, Dera’a and Aleppo where many children became refugees inside Syria between 2011 and 2013. Another incidences on record was the killing of Palestinians and other refugee children with several others injured, forced to flee their homes and live in internally displaced persons camps due to government air strikes and bombardment in controlled areas by Free Syria Army and opposition groups since the government forces had formed ally with Shabbiha militia operating in contested areas of control. A point of reference is in May of 2012, when the government soldiers and Shabbiha members had entered El Houleh village, Homs and killed 100 civilians including 41 children. The local schools where people had sought refuge were bombed by government forces causing the death of several children while on the other hand opposition groups engaging in the terror tactics in cars and other bombings near
  • 11. Examination Number: Y0600476 schools and public places like shops, hospitals, markets leading to death, injury to children and civilians in the Syrian Arab Republic. Several reports have shown incidences of detention, torture and ill treatment of children on allegation of being associated with the opposition groups and as a result caused violence against boys to obtain information and confession by state forces more particularly by state intelligence services and the Syrian armed forces. A case for reference is the situation in which a 16 year old boy in Kafr Nabal in Idlib witnessed the sexual assault and the killing of his 14 year friend while in detention. On other incidences the government armed forces have used children as human shields, especially in circumstances when they have raided local primary schools as it was in Safira in Aleppo where over 30 boys and 25 girls taken hostage within the age bracket of 10 to 13 years by making them object of public campaign to flush out the Free Syrian Army who had occupied the town. Several reports have also indicated that children are being used by armed opposition groups of Free Syrian Army and on instances where any child is suspected to be associated with them s/he is always linked to their older relatives believed to be agents for recruiting child solders to joining the opposition armed group by the government authorities or state agents, which puts the children and their older relatives at risk of unlawful arrest, torture, detention or killing or hash and ill treatment. The similar cases of abuse and violations of human rights are reported to be committed by the opposition
  • 12. Examination Number: Y0600476 armed groups through abduction and rape of women and girls in cities, villages and neighbourhoods perceived to be in favour of the current Syrian government (Human Rights violations in Syria, www.iamsyria.org). Effects of Violations and Implications Protection of children is the key humanitarian issue in conflict affected areas, yet according to study findings on most rights violations in Syria during the three year armed conflict, the six grave violations against children commonly reported includes: a) Killing, or maiming of children: the most implicit violations against the international laws, Common article 3 of the Geneva Conventions 1949 which states“ persons taking no active part in hostilities shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria”, in light to Rule 135 of Customary International Humanitarian Law stating “children affected by armed conflict are entitled to special respect and protection” which observations provided in Customary International Humanitarian Law, Volume 1 Cambridge University Press (2005) as well the Principles of Distinction and Proportionality being the universally accepted, enshrined in the Geneva Conventions and other international treaties considered fundamental customary norms of international humanitarian law applicable to both state and non state parties in all armed conflict with the aim to protect civilians against effect of hostilities and preventing unnecessary collateral damage resulting from combat operations. The two principles prohibit indiscriminate and inappropriate military attacks directed against
  • 13. Examination Number: Y0600476 civilians while such attacks amounts to grave breaches of the Geneva Conventions and it’s Protocols, providing protection of children from serious injury as well rights to life, liberty and security of persons to be the states’ responsibility to ensuring these rights are protected. Any killing, torture or ill treatment of children during wartime is banned under the Universal Declaration of Human Rights adopted by the UN General Assembly of 1948. b) Recruitment and use of child soldiers: prohibited under the international humanitarian law, especially of treaty and customs which states “parties to conflict must not recruit or deploy children as soldiers by preventing them from participating in any hostilities”. The same also applies to the human rights law which declares 18 years as the minimum legal age for recruitment and use of children in hostilities; meaning any recruitment under the age of 18 years is against the Conventions on Rights of Child and Additional Protocols to Geneva Conventions prohibiting recruitment of children into armed forces or armed groups or by allowing them to take part in any hostilities forms part of international customary law to be applied by states and not state actors. Indeed the statutes of the UN endorsed by international tribunals for Yugoslavia, Rwanda and Sierra Leone all declare that the recruitment and use of children under the age of 15 years in armed conflict is war crime also supported by the Rome Statutes of International Criminal Court consistent to Article 77 (2), Additional Protocol I to Geneva Conventions, stating “the parties to the conflict shall take all feasible measures in order that children who have not attained the age 15 years do not take direct part in hostilies and in particular, they shall refrain from recruiting them into their armed forces”. This means children 18 years old the only
  • 14. Examination Number: Y0600476 recommended age for recruitment into armed forces observed by both states and non state actors at all times. c) Rape and other forms of sexual violence against children, prohibiting all parties of conflict from raping and sexually abusing children during situations of armed conflict as a serious violations of Article 77 (1), Additional Protocol I of Geneva Conventions stating, “Children shall be the object of special respect and shall be protected against any form of indecent assault”. Therefore rape and other forms of sexual violence against children, both boys and girls are the most serious human rights violations which can amount to grave breaches of international humanitarian law according to Article 27 of 4th Geneva Conventions prohibiting such actions by stating, “women including girls shall be protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault”. Similar provision also found in Article 37, Convention of Rights of Child stating, “State parties must protect the child from all forms of sexual exploitation and sexual abuse”. Rape and sexual abuse being recognized as serious crimes whose perpetrators punishable through prosecution before International Court of Law. d) Abduction of children, prohibited in Article 35, Conventions on the Rights of Child stating, “State parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form”. This means any abduction or seizure of children against their will or the will of their adult guardians, either temporality or permanently without due cause, becomes illegal under international humanitarian law which violations labelled grave breaches of the Geneva Conventions amounting to crime against humanity and war crime. The same applies to
  • 15. Examination Number: Y0600476 unlawful or arbitrary detention of children as violations of international humanitarian law and human rights law. e) Attacks on schools and hospitals, prohibited in 4th Article of Geneva Conventions of targeting of civilian objects, especially schools and hospitals to be distinguished from military objectives and protected against the consequence of military operations. Also according to Article 48, Additional Protocol I, Geneva Conventions states, “all parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives”. Meaning protection afforded to schools and hospitals must conform to the international customary and treaty law stating, “a party to conflict must guard against targeting or attacking schools and hospitals amidst the opposition group or country’s civilian population, as well safeguarding the schools and hospitals from attack within its civilian population or that which fall under their control”. The Convention on the Rights to Child recognizes the importance of children’s rights to education and right to health care which rights is reflected in international and regional agreements including Universal Declaration of Human Rights (1948) and International Convention of Economic, Social and Cultural Rights (1966) addressing the rights of all persons through enjoyment of physical and mental health and the right of every child to education. Therefore, attack on schools and hospitals or other education and medical facilities ordinarily used by children becomes central focus of international humanitarian law, human rights law, Geneva Conventions and its Protocols and other forms of customary law and norms.
  • 16. Examination Number: Y0600476 f) Denial of humanitarian access to children, prohibited on the 4th Article of Geneva Convention and its Additional Protocol I states, “Denial of humanitarian access to children and attacks against humanitarian workers assisting children prohibited”. Any violations is against customary international law stating, “parties to conflict must allow and facilitate aid to any civilian population in need, subject to their right of control”, while provision of such relief must be impartial conducted without any adverse distinction based on race, age or ethnicity as being reflected in the 4th Article of Geneva Convention and Protocol I, meaning consent to providing relief aid to civilian population including children, must not be refused by conflict party and every party must refrain from deliberate obstruction, denial or refusal of supplies to civilians in need in areas under their control as fulfilment of Article 23, 4th Geneva Convention stating, “parties must also permit the free passage of all consignments of essential foodstuff s, clothing and tonics intended for children under 15, expectant mothers and maternity cases. And when distributing humanitarian relief priority must be given to such persons as children, expectant mothers and maternity cases”. The above six grave violations against children during armed conflict constitutes to: a) breach of the Geneva Conventions and their Protocols, b) violations of customary norms of international law, c) violations of obligations of the Conventions on the Rights of the Child and other international and regional human rights treaties, d) war crime or crime against humanity under Rome Statute whose perpetrators, or commanders and political leaders are to account for such crimes.
  • 17. Examination Number: Y0600476 Efforts of National and International Actors Actions taken: The action of humanitarian actors in Syria involves political, humanitarian assistance, military and operational support to parties of the civil war, and as result, the Syrian armed conflict has drawn significant international attention, making both national government and the armed groups receiving military and diplomatic support from foreign countries. A large number of state and humanitarian bodies, including the UN, are involved in providing aid and accommodation to a large number of Syrian refugee in neighboring countries of Jordan, Lebanon, Iraq and Turkey while significant number of refugees also gone to Egypt for resettlement. On the other hand there is the involvement of Human rights Watch and human rights advocates including ICRC and MSF in monitoring of any human rights violations in Syria and sharing its information across international media domains in order tell the whole world about all inhumane treatment through killing or maiming, beatings, abductions, detention and brutal torture including any crimes committed against humanity and crimes of war by informing as well mobilizing international community for protection intervention to the affected persons as a result of the armed conflict through engagement of public campaigns. Gaps and Dilemmas: The massive displacement of the people of Syria was because of the government policies of sectarian politics and military action against its people, and as a result it created increasing brutal repression against its population which has drawn the international community to act. However, the Syrian aspirations for freedom
  • 18. Examination Number: Y0600476 has been exploited by regional tier governments and international humanitarian actors due to strategic political interests, hence letting the humanitarian crises caused by armed conflict go on without achieving lasting solutions to date. The situation of armed conflict in Syria has created regional divide among participating international actors in that they are divided along diversified interests, while the Turkish and Arab League hardened on Assad regime; Iran, Iraq and Lebanon supported his regime. The United States and European Union enacted comprehensive sanctions against individuals, organizations and Syria as a country though it yielded very little results, while the UN Security Council who is the brain master behind promotion and observation of Human rights during armed conflict of both international and non international character did not act against Assad brutal regime on preference for Russian and China diplomatic relations and war material supplies to Syria offering quiet voice and dead silence to the implementation of the ratified international humanitarian law which should govern all international humanitarian actions during humanitarian emergencies (The Struggle for Syria, Joseph Holiday, December 2011, p. 22-23). Conclusions The research study has revealed the following findings and outcomes for reflective affirmative actions:- A growing humanitarian crisis: Over 6.8 million affected people by the Syrian Armed conflict do require urgent humanitarian assistance without much delay, more especially where the situations of hunger is appalling for children, being the majority who are
  • 19. Examination Number: Y0600476 starving due to insufficient food aids supply. In addition to that, access to affected populations remains to be difficult and impossible to reach by most international humanitarian organizations or agencies as women and children continue to suffer from displacement and can live on empty stomach for weeks or months unless they have received any humanitarian assistance through any lucky international humanitarian relief aids agencies or organizations, provided, it is delivered through safe and impartial delivery with the civilians not taken as hostage by the belligerents while their protection being guaranteed by all parties. Many women and children are the victims of the Syrian conflict since they become the targets of violence, inaccessibility to or inadequate food bank, clean water and other basic necessities become a daily struggle for survival which leaves them in dire conditions most times. Unpredictable humanitarian space: The influx of displaced persons and refugees continue to create intense social, economic and political pressures which puts the stability of all regions where the affected move at risk from the attacks of parties to the conflict. The situation makes it unreachable or impassable to many international humanitarian agencies or organizations who should have come to provide emergency assistance. In spite of the efforts by the United Nations to mobilize donors to come to the rescue of the affected population as a result of the conflict in Syria, the needs continue to out space the already available resources and if this continues for long time women and children will suffer starvation, death and population reduction, therefore
  • 20. Examination Number: Y0600476 involvement of more international community is hereto being called upon to act within the shortest time possible. Protection of children from recruitment into armed forces: The government of Syria should adopt the law forbidding the recruitment and use of children under the age of 18, and this must be enforced and observed by all parties to the conflict in a fair and equitable way to have the children protected during situations of any armed conflict. Also everything should be done to prevent children from compromising their future by taking up arms or joining armed forces as well commanders must be put to strict rules of law concerning procedures and methods of running recruitment into the armed forces including right and internationally acceptable age brackets, otherwise they should be held accountable for recruiting and using children in the battlefields. Arbitrary arrest, detention and ill treatment of children: Children continue to suffer from detention by the government authorities on security charges or suspicion that they or their families are sympathizers of the opposition armed groups. Because of this security issue, children are mistreated, tortured and detained in degrading conditions leaving many families without the news of the relatives. Case of sexual violence, rape and abduction keep crowding the media domain and this would call for immediate protection intervention by international humanitarian actors like ICRC and MSF including member states of the United Nations Security Council to take serious action at all costs.
  • 21. Examination Number: Y0600476 Denial of education opportunity to Syrian generation: While most of the schools in Syria continue to be under severe attacks by the conflict parties or some times bombed, used as military barracks, prisons, or closed due to insecurity reasons thousands of Syrian children become out of school for many months or ever years and a result suffer from delayed education opportunity. It is paramount to take note that education is one of the effective ways to build a community, society and nation and where there is no education the people of that particular geographical location remain backward and under developed. The belligerents to take responsibility and accountability: The study has learned of the six gave violations committed against children in situations of the armed conflict to include: a) killing, or maiming, b) recruitment and use of child soldiers, c) rape and other forms of sexual violence against children, d) abduction of children, e) attacks on schools and hospitals, and f) denial of humanitarian access to children. These violations have been committed on daily basis against children in Syria since the outbreak of armed conflict and as result the government armed forces, all associated militias, opposition armed groups must answer before the international Court of Law about the atrocities they committed against humanity in Syria. The whole world need to be told about these grave violations in Syria armed conflict as a way towards accountability and ending impunity of perpetrators because without lasting political solution, children will continue to suffer the dire consequences of Syria’s three years armed conflict known in the world history today.
  • 22. Examination Number: Y0600476 Reference 1. The Law of Internal Armed Conflict, Cambridge Studies in International and Comparative Law, Cambridge University Press, UK, 2002, pp.49-50. 2. Handbook of International Humanitarian Law, Second Edition (Oxford: Oxford University Press, 2008). 3. ICRC Commentary on the Four Geneva Convention of 1949, pp. 20-21. 4. ICRC Commentary on the Four Geneva Conventions of 1949, p.36. 5. ICRC Commentary on the 1977 Additional Protocols to the Geneva Convention of 1949, p. 1348. 6. Global Overview 2011, Internally Displaced by Conflict and Violence, Norwegian Refugee Council, p. 79. 7. www.polgeonow.com/search/label/syria 8. http://en.wikipedia.org/wiki/List_of_armed_groups_in_the_Syrian_civil_war 9. Human Rights violations in Syria, www.iamsyria.org 10. Customary International Humanitarian Law, Volume 1 Rules (International Red Cross Committee, 2005).