The Paper Trail of Terror

 العربية<< 

The Syrian government has spared no opportunity to publicly deny responsibility for violations of international law. However, an analysis of its own documents obtained by SJAC, along with video evidence of ensuing attacks, refutes this rendition of events and directly links the Syrian government to these violations. The orders and reports from Syrian officials not only show knowledge of such violations but that such officials were responsible for ordering, planning and failing to punish those perpetrating the direct acts which are plainly depicted in videos. Together, these sources of documentation capture Syrian government violations and build a foundation for criminal accountability.

Throughout the conflict, the Syrian government has made dedicated efforts to hide or destroy these documents if they were at risk of being obtained by opposing forces. Due to these documents’ potential value as evidence of violations committed by the Syrian government, SJAC has salvaged thousands of pages of Syrian government documents. SJAC analyzed and verified the authenticity of over 18,000 documents uploaded to its database, Bayanat, during a prior  investigation  in 2018.

This report details four incidents that occurred in Syria in 2012 and 2013, which involved extensive civilian harm and/or targeting of civilian structures, based on available open-source evidence. For each incident, SJAC analysts were able to identify at least one government document that describes a government-ordered attack or airstrike that corresponds closely with the incident. These documents provide evidence that the government either deliberately targeted structures/activities with no military purpose, or misconstrued the nature of their attacks after the fact (i.e., claiming that large numbers of “terrorists” were killed, when almost all documented casualties were civilian).

The arbitrary use of lethal force by the Syrian government against its own population in these cases, which resulted in multiple deaths, constitutes a violation of multiple state obligations under international law. For instance, the use of lethal force to prevent peaceful demonstrations from occurring in Da’el (Incident #1) was not justifiable with “absolute necessity” and was disproportionate. Failing every aspect of the legality assessment, including the due diligence obligation, such lethal use of force by the Syrian government is considered arbitrary. Therefore, the Syrian state has violated its international human rights law obligation and is responsible for the arbitrary deprivation of the right to life of these victims.

Even if the cases were linked (with a nexus) to an ongoing armed conflict, the attacks documented in these cases would still be in violation of the applicable international humanitarian law. Based on the available evidence of the facts on the ground and the relevant official documents obtained by SJAC, the documented incidents of attacks on civilians and civilian objects were deliberate, and the resulting harm caused was not incidental. The Syrian governmental forces launched attacks directly targeting civilians, who were not participating in hostilities, and against civilian objects that were protected under IHL. Violating the fundamental IHL principle of distinction, such deliberate attacks are prohibited and constitute war crimes. In addition to the incurred state responsibility, these violations also entail criminal responsibility, implicating all of those within the involved chain of command. All persons responsible for the ordering, planning and execution of these attacks, not to mention the responsible commanders or superiors who (by omission) failed to prevent such violations, could therefore be prosecuted pursuant to international law.

On November 16, 2012, open-source evidence analyzed by SJAC shows that the Al-Hijra mosque in Da’el city, Daraa governorate, was targeted with rockets, killing and wounding civilians. This attack coincided with a protest on the same date on the occasion of the Friday of support for the newly-formed National Coalition of Syrian Revolutionary and Opposition Forces.

Two Syrian government documents analyzed by SJAC reported that protests in support of the National Coalition were slated to occur on this date. One of these documents, dated November 9, 2012, sent from the Political Security branch in Daraa to the leader of the First Legion, lists a series of locations in Da’el city at which protests were likely to occur, including: Thaer Al-Asimi Square, Al-Jami’yeh Square, Nassima Square, Al-Hijra Square, Ad-Dukhaniyeh Square, and Ammar Square.

A handwritten note at the bottom reads: “To be circulated to everyone, Da’el forces, as soon as what was said [the protest] takes place, check the location and give the coordinates to the Fifth Division for immediate action.” It is noteworthy that the Fifth Division is a mechanized division that deals with tanks and artillery. The implication is that armed forces should be used to suppress the demonstrations.

In a second document, dated November 15, 2012, the author informs the First Legion leader that protests are set to take place that Friday in areas throughout Daraa governorate after Friday prayers. The document notes that this particular day has become known as the “Friday of support for the [new opposition] Coalition.” Below the typed message is a handwritten notation, that states: “To be circulated to everyone. Everyone should prevent this [demonstrations] by any means. When necessary, use … especially in Da’el town, immediately, immediately, [sic] as soon as the gathering begins, if it happens.” The instruction to use “any means” and the ellipses are likely instructions to use lethal force to prevent the demonstrations from occurring.

Video evidence shows that Da’el city’s Al-Hijra mosque was targeted with multiple rockets on November 16, which can be attributed to Syrian government forces. Multiple videos captured on November 16 demonstrate that explosions took place near Al-Hijra mosque. In this  video , an explosion occurs as a civilian walks by. The Al-Hijra mosque is visible in the background of the footage. 

One  video  from the same day shows a chaotic scene after the explosion, in which civilians use their vehicles attempt to evacuate other civilians injured in the explosion.

A speaker appearing in another  video  showing the explosion’s aftermath states that a rocket targeted the Al-Hijra mosque as worshippers were leaving after the Friday prayer, injuring multiple people (some seriously) and killing several others.

Based on evidence from the above videos, SJAC analysts verified that this explosion took place near the Al-Hijra mosque [(32.75680463732396, 36.132226522814165)], and a corresponding area nearby known as “Al-Hijra square,” which are both noted in the below satellite image. The Friday prayer time on that date was 12:20pm, which aligns with the time of day that the video footage was captured, according to measurements of shadows visible in the video. It should be recalled that the first government document noted above included Al-Hijra square in its list of likely protest locations for that Friday. 

One of the casualties from this explosion, according to video footage and the Violations Documentation Center, is named Alaa Al-Atifi. The VDC  profile  for Al-Atifi states that he “was martyred when worshippers were targeted with a rocket as they were leaving a mosque in Da’el” on November 16, 2012. A civilian living in Da’el reported in several Facebook  posts  that three rockets hit the area, including one just south of the mosque, another near the mosque’s entrance, and the third at a nearby shop. 

As government forces were aware, protests during the early years of the Syrian conflict often began at mosques, following Friday prayers. It is likely that government forces targeted a mosque to discourage a protest from taking place at this location on November 16. Government forces or pro-government factions have frequently targeted demonstrations with rockets or shells, but protesters would continue demonstrating regardless. Other  video evidence  from the same day indicates that a protest took place in the same area of Da’el city that day in support of the new Coalition, near Naseema Square, which was also included in the government’s list of likely protest locations.

This incident is significant in that it represents one of the first known instances in which a Syrian government document orders the use of lethal force to attack peaceful protests. Other government documents analyzed in the past include thinly veiled references to force, such as Syrian government directives to “do the necessary.” SJAC’s  prior analysis  of such Syrian security sector documents show that such directives indicate an instruction to use lethal force, however in this instance, the direction is more direct.

The government’s military security branch in Homs governorate, or “Branch 261” issued a document on June 17, 2012, in which it suggested targeting two sites with artillery fire or airstrikes. The document lists Al-Berr hospital in Ar-Rastan as one of the suggested targets, where “injured members of armed terrorist groups” are being treated.

Later in the document, the order is signed, with the word “agreed,” dated June 17. According to open-source research SJAC’s investigators conducted, the document’s approver, stated as the “military and security official in Homs governorate” at that time was  Major General Rafeeq Mahmoud Shehadeh , who later became the head of the Military Intelligence Directorate (succeeding Ali Mamlouk).

Multiple videos claim that government forces shelled Al-Berr hospital in Ar-Rastan on June 19, two days after the report was issued, on June 19. Open-source videos from inside and outside the hospital depict explosions and victims of shelling, including injured persons (including a child) inside the hospital. SJAC investigators geolocated the incident based on structures visible in footage and the government document’s details regarding Al-Berr’s location. The document specified that Al-Berr Hospital is located across from the Agricultural Bank, from the western side, which is located at the following coordinates: 34.92385985952852, 36.73084726802849.  

In another  video , filmed inside the hospital, videographers state that the government is bombing the “field hospital in Ar-Rastan on June 19, 2012” with artillery and mortars, adding that “the hospital is full of injured people and martyrs.” Multiple explosions are clearly audible in the footage, while the video shows what appear to be bodies draped in blankets.  

A third  video  from June 19 shows a child who the videographer claims was injured in the shelling of the hospital. The child appears to have multiple wounds and is visibly bleeding, stating that the “regime army” is the party responsible for the attack. Explosions are also audible, with the videographer stating that the hospital is being shelled with mortars, tanks, and aircraft.

A final video, also dated June 19, 2012 shows a deceased man (face cropped intentionally) inside the hospital with obvious wounds and blood pooled underneath the gurney he lies on. An initial explosion is audible.

The videographer states the deceased’s name just before another explosion occurs, and the lights go out. He states that the field hospital in Ar-Rastan is being “targeted with shells and tanks.”

Based on available open-source evidence analyzed by SJAC, the hospital was being used to treat injured people at the time of the attack, and victims of the attack included children. However, the document reveals the government’s stance that the presence of “injured members of armed terrorist groups” in the hospital was a justification for targeting the hospital. According to IHL, a hospital treating injured combatants should retain its protected status, as treating injured combatants is a humanitarian purpose, rather than a military one. In this situation, the government’s attack on the hospital constitutes a war crime.

On September 5, 2013, a series of airstrikes by government forces in Taftenaz, Idlib governorate, caused significant casualties, with a large percentage of known victims being civilians. A Syrian government document dated one day after the attacks claimed that government forces killed over “120 terrorists” in Taftenaz during airstrikes on September 5 and 6. The document did not provide specific locations of these attacks within Taftenaz.

On September 5, the LCC  posted  that “A huge number of wounded were reported due to warplanes’ shelling” in Taftenaz.

Later video footage from multiple sources shows ongoing airstrikes and damage in Taftenaz city on September 5, 2013 which could be used to identify the precise location of the strikes.

From the three videos depicting these attacks, SJAC geolocated the strike location to the red area below, at coordinates: 36.00353970970222, 36.78269584853155.

Additional  video  footage from the same day depicts an airstrike in an additional location in Taftenaz.

Investigators used the above structures to identify the targeted location in the photo below, with coordinates: 35.995643298664, 36.78887726176424 (red area in below image).

The Violations Documentation Center posted the names and combatant/civilian status of 20 people known to be killed in airstrikes on Taftenaz on September 5. Of these 20 names, only one person was listed as a combatant, who was part of the Free Syrian Army. There were 4 civilian women killed in the attack, along with 10 civilian men and 5 children.

Warning: some links contain graphic content

1.  Mohammad Mousa Haj Mousa (Non-civilian)  2.  Malak Eyad Qabbani (civilian female)  3.  Manar Eyad Qabbani (civilian male)  4.  Mohyeddein Eyad Qabbani (civilian minor)  5.  Taym Sobhi Saqqoul (civilian minor)  6.  Sobhi Saqqoul (civilian male)  7.  Hani Ahmad Al-Hallaq (civilian male)  8.  Maryam Al-Benneshi (civilian female)  9.  Zeidan Mohammad Ata Zeidan (civilian male)  10.  Mohammad Al-Mohammad Mahmoud Ghareeb (civilian male)  11.  Ahmad Abdulmon'em Ghazal (civilian minor)  12.  Abdulmon'em Khaled Sa'eed Ghazal (civilian male)  13.  Amjad Ahmad Ghnaim (civilian male)  14.  Hosam Jom'a Da'boul (civilian male)  15.  Mohammad Mahmoud Jarkas (civilian male)  16.  Anas Mohammad Jarkas (civilian minor)  17.  Mays Ahmad Jarkas (civilian female)  18.  Mahmoud Fakhr Ad-Dein Jaddou' (civilian male)  19.  Deeba Mahmoud Abdulqader (civilian female)  20.  Mohammad Bakran Bakran (civilian minor) 

A citizen journalist who worked for Watch Syria News Agency created a  Facebook post  detailing the September 5 airstrikes in Taftenaz. According to the post, MIG planes carried out several airstrikes in the area that day. The airstrikes targeted civilian homes, the Al-Rahman Mosque, a gas station, and several other areas in the city, killing at least 14 people. ­­­

Many of the listed casualties corresponded to names of casualties published by the VDC. The post also mentioned that nearly 40 people were known to be injured in the airstrikes, some of them seriously.

The lists of victims compiled by these journalists and documentation centers, along with video evidence documenting airstrikes in populated civilian/residential areas, suggests that government forces did not take the presence of civilians into account when executing its attack in Taftenaz. While the document claims that airstrikes killed 120 “terrorists,” only one out of 20  documented casualties was a combatant - the remaining 19 documented victims were confirmed to be civilians. Even if the combatant was being targeted, the attack was clearly not proportionate.

Video footage from November 16, 2013 shows the aftermath of a government airstrike on a major road near Saraqeb bridge, Idlib governorate which killed three civilians, including a child.

An intelligence record obtained by SJAC, dated the day after the airstrike (November 17, 2013) claims that government air forces conducted airstrikes on the Damascus-Aleppo road near the Saraqeb bridge, targeting several gatherings of “terrorists.” According to the report, the attack killed “many terrorists” and destroyed several vehicles, including “two vehicles fitted with heavy Doshka machine guns.”

Open source  reporting  shows that government forces conducted airstrikes in Saraqeb that day, including two videos reporting the aftermath of an airstrike that targeted a location along the Damascus-Aleppo road, near the Saraqeb bridge. The location of this airstrike corresponds with the government document, but the similarity stops there. One  video  shows smoke rising after an airstrike targeted a road on November 16, and later shows a burned and damaged car near the road. The cameraman states that the car was occupied by two individuals. Notably, the car does not appear to be fitted with weapons.

Another video shows the aftermath of an airstrike along the Damascus-Aleppo “international road” south of Saraqeb that same day, with a burning vehicle visible.

SJAC geolocated the attack to these coordinates: 35.83313580902222, 36.78536630634422, shown in both photos above and below.

The Violations Documentation Center documented three casualties from this airstrike, all of whom were civilians. According to their documentation, one of these three casualties was a minor. 

SJAC’s documentation team also conducted an interview with a witness, a Saraqeb native, who responded to the attack and participated in the rescue efforts. He stated that on November 16, 2013, a Mig23 carried out an airstrike on the Damascus-Aleppo international road in southern Saraqeb, between 9 and 10:30am. The airstrike hit a civilian vehicle, which belonged to a family from Ma’ar Belite, carrying a man, woman, and a child. The witness further noted that the car that was targeted was a very popular type of car in the area, one that farmers typically use for agricultural purposes. He stated that it was very unlikely that the vehicle was fitted with weapons. Instead, he stated that the family was heading to work the olive harvest. This witness added that this attack was the only attack that occurred along this road that day. 

While the government document claimed that this attack targeted an armed group, killed terrorists, and destroyed two vehicles bearing heavy machine guns, witness testimony and open-source evidence indicates that civilians were the primary victims of this attack. 

Corroboration is key to establishing the perpetration of international crimes. The attacks noted in this report were not only documented through video evidence, but such evidence was also corroborated by key government documents, admitting to the conduct of such attacks. In some respects, the government documents attempt to disclaim the perpetration of international crimes, suggesting that Syrian forces pursued legitimate targets. However, these claims are belied by the video evidence and testimonies obtained by SJAC. The documentation cited in this report is but a sample of the collection held by SJAC and other documentation organizations. Such will be crucial to establishing criminal accountability and the truth of the Syrian government’s policies throughout the conflict.