UK Mission to the UN panel: Attacks on civilians and civilian infrastructure: what does international humanitarian law say?

Ambassador Pierce, thank you for hosting this vital discussion on the state of international humanitarian law in Northwest Syria. The situation in Syria has long been a poster child for what I call the Age of Impunity- a time when norms and laws of war, carefully built up over decades, are being ignored by combatants, state as well as non-state actors, and when accountability for the breach of these norms is declining at precisely the time when we need it to increase.

I represent the IRC and our staff of 320 – all Syrian – working in the Northwest. They risk their lives to deliver desperately needed cash, protection, and health programming. I have seen Syrian government claims that hospitals do not serve their civilian purpose and that there are no ambulance networks left in Idlib.  However I know that we alone support 24 partner health facilities and 19 ambulances across the Northwest. And I also know that many of these health facilities have come under attack.  

We know that nearly one year since the “Sochi agreement” that held at bay a full firefight in NW Syria, the punishment meted out to the population has grown week by week. The breakdown of the recent ceasefire makes us fear that the worst may be yet to come.  And we know that it is vulnerable civilians – 75% of whom are women and children – who are most at risk.   

The brutal escalation of the danger since April has plumbed new depths.  The most recent violence has unleashed the largest wave of displacement since the war began – with 400,000 people forced to flee since May, including over 130,000 in August alone. An IRC assessment in Idlib found that people had on average already been displaced five, if not 10, times.   

More than 1,000 civilian lives have been lost, including at least 450 women and children since the start of May.  

Health facilities have been at the center not just of civilian loss of life, but also abuse of international humanitarian law (IHL) and defiance of the UN Security Council:

In response, many humanitarian agencies, including the IRC, have invested in mobile clinics—not just to assist populations on the move, but to avoid the airstrikes. Some have built basement and underground hospitals.

But this is no solution. These desperate workarounds should be a source of shame to us all.  

This state of affairs represents a crisis of Impunity. Syrians have been the victims of a full range of outlawed tactics of war: chemical weapons, starvation as a weapon, aid manipulation, targeting of critical civilian infrastructure. A UN deconfliction mechanism has been ineffective, with airstrikes reportedly hitting at least nine of the deconflicted facilities. 

A crisis of impunity is not just a crisis of law. It is also a crisis of diplomacy. That is what needs to be addressed.

To reverse the downward requires a renewed international commitment to accountability and diplomatic duty. This must include:  

We cannot look away. The UN has warned that if this assault continues, it will be the “worst humanitarian disaster the world has seen so far this century.”  And the aftershocks will be felt throughout the region and beyond.