About This Report
Death from the Skies
April 11, 2013

Recommendations

Human Rights Watch has previously given detailed recommendations concerning the steps that Syrian authorities and others should take to address violations of international human rights and humanitarian law in this conflict. Rather than repeating those recommendations, many of which have been outstanding for more than a year while tens of thousands more Syrian civilians have been killed, we outline below particular steps that we believe the international community should take to end continuing arms sales and support to the Syrian government, to meet the urgent need for humanitarian assistance in opposition-held parts of Syria, and to address Russia’s and China’s reprehensible blocking of meaningful Security Council action.  We also outline steps that the Syrian armed opposition should take.

Address Arms Transfers and Technical Support to Syrian Authorities

A number of governments and multilateral organizations have agreed to or implemented embargoes on the sale and supply of arms, ammunition and materiel to the Syrian government. Human Rights Watch reiterates its call on all governments and companies to suspend supplying such weapons and assistance. However, two principal suppliers of arms to the Syrian government continue to flout these embargoes: Iran and Russia. The international community must do more to end this supply, and to insist on verification from neighboring states, particularly Iraq, that there are no shipments of arms to Syria across their territories. The LAS, the OIC, the UN General Assembly, and concerned governments should adopt resolutions reaffirming the importance of ending these shipments and allowing monitoring and verification.

Press Arms Suppliers to Stop Providing Arms, Ammunition and Materiel to the Syrian Government

Governments and arms suppliers should stop selling and providing arms to the Syrian government so long as it continues to commit crimes against humanity. The UN General Assembly, the LAS and the OIC should pass a resolution to reinforce this call for an arms embargo.

To pressure companies to stop supplying the Syrian government with arms, other arms purchasers should suspend any current dealings with these companies, and sign no new contracts with them, until the arms shipments to Syria stop.

Press Iraq to Prohibit Trans-Shipment of Weapons to Syria

According to multiple media reports citing Western intelligence reports, Iran has shipped weapons to Syria by air and overland through Iraq. Iraqi officials have denied such charges, said they regularly request to inspect flights, and reportedly inspected two Iranian flights but found no weapons. News reports also indicate that Russia averted flights containing helicopters bound for Syria following Iraqi requests for flight inspections.

All governments should prohibit the use of national territory or airspace for the transit or trans-shipment to the Syrian government of arms, ammunition, and other materiel, given compelling evidence that the Syrian government is committing crimes against humanity, until Syria stops committing these crimes.

The LAS, the OIC, the UN General Assembly, and concerned governments should press Iraq and other neighboring states to do more to respect this ban, including providing verification that it has inspected all flights from Russia and Iran and all overland trucks from Iran headed to Syria.  To verify that no such shipments are taking place, the international community should insist that Iraq allow independent third parties to monitor flights and convoys to Syria, in particular to ensure that Iran and Russia do not deliver arms to Syria across Iraqi territory.

Greatly Expand Cross-Border Humanitarian Relief to Opposition-Held Areas of Syria

The war in Syria, including the deliberate and indiscriminate attacks on civilians detailed in this report, has caused a massive loss of civilian life. At the same time, the conflict has resulted in a humanitarian crisis in which millions of Syrians have been displaced and face severe shortages in food, shelter, fuel, and medical care.  The UN has been trying to meet these needs, but its rules require it to operate only with the consent of the government in question, and the Syrian government has so far insisted that all humanitarian aid proceed from government-held territory.  The result is that for civilians in opposition-held territory, incoming aid is meeting only a small percentage of their acute humanitarian needs. The Syrian government has refused to consent to UN requests to send aid directly to those areas in need from neighboring states, particularly Turkey, insisting instead that all aid go through Damascus.

As outlined below, Human Rights Watch continues to call for pressure on the Syrian government to consent to the UN’s cross-border delivery of humanitarian assistance.  However, in the continuing absence of that consent, Human Rights Watch calls for expanded cross-border delivery of aid by entities other than the UN.  In the past few months, concerned governments have begun to fund such aid, mostly delivered by nongovernmental organizations.  Human Rights Watch urges governments to greatly expand the amount and pace of that humanitarian assistance as the only feasible way to address the deep, dangerous deprivation faced by those in opposition-held areas.

Press for Security Council Action and Hold Russia and China Accountable

The causes of the Security Council’s paralysis are well known, and are describe above. Russia, backed by China, has refused to allow Security Council measures intended to press the Syrian government to end the killing of civilians. As a result, the Security Council has had no direct impact on stopping the killing of civilians. Even as the civilian death toll in Syria mounts and the humanitarian crisis grows with enormous regional implications, there is little evidence that Russia or China is reassessing its position.  Because of this blockage, concerned governments should not wait for the Security Council but should act, individually and collectively, to address the crisis, at least by implementing the recommendations contained in this report. At the same time, they should not ease pressure on Russia and China; they should continue to seek opportunities to press for decisions by the Council that might have some political or humanitarian impact, and highlight the devastating humanitarian consequences if Russia and China continues to reject these steps. The Security Council should:

  • Call on all parties to end violations of international humanitarian law, and in particular, on the Syrian government to cease deliberate, indiscriminate, and disproportionate airstrikes and other attacks on civilians, and all use of cluster munitions, incendiary weapons, and explosive weapons with wide-area effects in populated areas;
  • Call on Syria to give its consent to cross-border humanitarian relief efforts, including from Turkey;
  • Demand that Syria provide immediate and unhindered access and cooperation to independent observers, journalists, and human rights monitors, including the Office of the High Commissioner for Human Rights and the UN Human Rights Council Commission of Inquiry on Syria; and
  • Insist that Syria and opposition armed groups grant access by international monitors to all persons detained, in official or unofficial facilities.

Obtaining Security Council action on any of these points would require all concerned parties to intensify their engagement, and in particular, to raise the stakes for Russian and Chinese obstruction. Many concerned governments, including those in the Friends of Syria group, have already expressed their support for stronger Security Council action. But some influential actors could take additional steps to press for Security Council action, as outlined below.

League of Arab States

The LAS suspended Syrian membership and imposed certain economic sanctions and an embargo on arms to the Syrian government in November and December 2011. In June 2012, the Council of the LAS at the ministerial level adopted a resolution that called upon the Security Council to “take forthwith all the necessary measures to protect Syrian civilians and impose a complete cessation of the bloodshed and all acts of violence and crimes committed against the Syrian people.” In March 2013, the LAS transferred Syria's seat in the organization to the opposition. The LAS and its member states should also:

  • Press Russia and China to stop preventing the Security Council from taking the specific measures outlined above, including calling for Syria to allow cross-border humanitarian assistance;
  • Call on the Security Council to refer the situation in Syria to the International Criminal Court;
  • Publicly condemn attacks by both the Syrian government and opposition forces that violate international humanitarian law; and
  • Call on all members to enforce the arms embargo on Syria, including in the case of Iraq by providing third-party verification of flights and convoys over Iraqi territory to Syria.

United Nations General Assembly

In contrast to its common practice of deferring to the Security Council on issues that are on the Council’s agenda, the UN General Assembly has adopted four resolutions since December 2011, each by an overwhelming margin (11 times as many “yes” votes as “no” votes).  The General Assembly only once explicitly addressed the Security Council’s inaction on Syria, when in August 2012 it deplored “the failure of the Security Council to agree on measures to ensure the compliance of Syrian authorities with its decisions.” Given the Security Council’s continued paralysis, the General Assembly should take additional steps to expose the Council’s failure and call for specific measures to address the Syrian crisis. In particular, the General Assembly should adopt an additional resolution that:

  • Calls for all countries and companies to end arms transfers to Syria until such time as Syria ends unlawful attacks against civilians;
  • Calls for those who have opposed Security Council action to stop blocking steps to protect the Syrian people, including the measures outlined above;
  • Calls on the Security Council to refer the situation in Syria to the International Criminal Court;
  • Calls on Syria to allow humanitarian assistance across all its borders; and
  • Notes its willingness to consider allowing UN agencies to provide humanitarian assistance through neighboring countries without the Syrian government’s consent, should Syria fail to respond to its request.

India, Brazil, and South Africa

When the Syria crisis began in 2011, all three “IBSA” states were members of the Security Council. During their tenures (Brazil rotated out of the Council at the end of 2011; the terms of India and South Africa ended in 2012), they failed to support a crucial Security Council resolution in October 2011, before the crisis had descended into a full-blown armed conflict. Since leaving the Security Council, they have yet to show leadership regarding measures to address the conflict in Syria.  Given their mixed record supporting protection for the Syrian people, their role as influential emerging powers, and their membership with Russia and China in the association of countries referred to as BRICS, these states should urgently call on Russia and China to stop preventing the Security Council from acting, as described above. In particular, to support protection of the Syrian people, India, Brazil and South Africa should:

  • Continue to publicly condemn attacks by both the Syrian government and opposition forces that violate international humanitarian law;
  • Make public statements, individually and as IBSA, calling for the measures outlined above, including an explicit call for the Syrian government to allow cross-border humanitarian assistance; and
  • Urge the Security Council to take the steps outlined above and, in particular, call expressly on Syria to allow cross-border humanitarian assistance.

Organization of Islamic Cooperation

The OIC has repeatedly spoken out regarding the situation in Syria. In particular, the OIC has called on the Security Council “to assume its full responsibilities by putting an end to the ongoing violence and bloodshed in Syria and finding a peaceful and lasting solution to the Syrian crisis.” The OIC’s secretary general, Ekmeleddin Ihsanoglu, has also issued public statements condemning egregious attacks on civilians, such as his statement on February 24, 2013, concerning SCUD missile attacks on Aleppo that killed at least 140 people.

The OIC should now:

  • Strengthen the OIC’s call for Security Council action by outlining specific measures the Council should take, including pressing Syria to allow cross-border humanitarian assistance;
  • Continue to publicly condemn attacks by both the Syrian government and opposition forces that violate international humanitarian law; and
  • Engage directly and actively with Russia and China to urge them to stop blocking Security Council action on Syria, including the steps outlined above.

Engage the Syrian Armed Opposition

In addition to opposing continued military support for the Syrian government and pressing for Security Council action, concerned governments should press the Syrian armed opposition to protect civilians.  In particular, governments should call on the leadership of the Syrian armed opposition to:

  • Take all feasible precautions to protect civilians and civilian objects under opposition control from the risk of attack;
  • Avoid to the extent feasible deploying military forces in or near densely populated areas;
  • Ensure the compliance of opposition forces with international humanitarian law; and
  • Ensure that members of opposition forces, at all levels of command, receive appropriate training in the laws of war and abide by them. Take appropriate disciplinary measures against members who violate the laws of war or commit human rights abuses, including those in positions of command.