Dr, Nedal Khalouf SDF Militias and Violations of International Law: War Crimes Demanding Urgent International Intervention SDF Militias and Violations of International Law: War Crimes Demanding Urgent International Intervention Introduction: Deliberate Targeting of Civilians in Syria Amid the ongoing Syrian crisis with all its complexities, horrific chapters of systematic violations targeting civilians in areas controlled by the SDF militias are being revealed. The scenes and documentation showing the use of civilians as human shields and the transformation of their neighborhoods into battlefields are only the tip of the iceberg of violations that strike at the very core of international humanitarian law. These are not isolated incidents but a systematic pattern that rises to the level of war crimes that are not subject to statutes of limitation. Grave Violations in Direct Confrontation with International Law 1. Human Shields: A Crime Under Customary International Law and Conventions The protection of civilians is the cornerstone of international humanitarian law. The use of civilians as human shields violates not only Additional Protocol I to the Geneva Conventions but also constitutes a breach of customary international law binding on all parties to the conflict, including non-state armed groups. This act is explicitly prohibited under Article 8(2)(b)(xxiii) of the Rome Statute and is classified as a war crime regardless of the conflict's context. 2. Militarization of Civilian Areas: Violation of Proportionality and Distinction Principles Rule 14 of the ICRC Study on Customary International Humanitarian Law prohibits indiscriminate attacks. Deploying weapons within residential areas turns these zones into legitimate military targets, thereby deliberately shifting the burden of risk onto civilians. This military strategy directly contradicts Article 51(7) of Additional Protocol I, which prohibits moving civilian populations to shield military operations. 3. Tunneling Under Civilian Infrastructure: Systematic Destruction of Human Heritage The impact of digging tunnels beneath homes and service institutions extends beyond physical destruction to represent an annihilation of the social fabric and collective memory of communities. This act violates Article 4 of Additional Protocol II concerning the protection of objects indispensable to civilian survival and may constitute a violation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Water Cutoffs: An Unacceptable Weapon of War A Compound Crime Against Humanity Deliberately depriving civilians of essential survival materials constitutes a crime under international humanitarian law. Cutting off water: · Constitutes inhumane treatment violating Common Article 3 of the Geneva Conventions · Represents collective punishment prohibited under Article 50 of the Fourth Hague Convention (1907) · Violates the right to water recognized in UN General Assembly Resolution 64/292 · May rise to the level of crimes against humanity within the framework of a systematic attack against civilian populations International Accountability Mechanisms: The Duty of the International Community 1. Universal Jurisdiction: The Duty of Every State The 1949 Geneva Conventions grant all states universal jurisdiction to prosecute suspected perpetrators of grave violations, regardless of the perpetrator's nationality or where the crime was committed. This means any state party to the conventions can, and indeed must, pursue those responsible for these crimes. 2. International Criminal Court: Referral Pathways Although Syria is not party to the Rome Statute, three pathways exist for referral: · UN Security Council resolution under Chapter VII of the UN Charter · Acceptance of jurisdiction by the concerned state (Syria) · Referral by state parties based on the Prosecutor's proprio motu powers 3. Existing International Mechanisms: · The UN's International, Impartial and Independent Mechanism (IIIM) · The Independent International Commission of Inquiry on Syria under the Human Rights Council · Potential war crimes tribunal under Security Council Resolution 2379 International Legal Precedents: Lessons from History Judgments from the Nuremberg, former Yugoslavia, and Rwanda tribunals indicate that: · Command responsibility applies even without explicit orders if commanders knew or should have known about violations · Military necessity does not justify grave breaches of international humanitarian law · Superior orders defense is not acceptable for international crimes Urgent Recommendations: From Condemnation to Action 1. Establish an independent international commission of inquiry with direct access to affected areas and command centers 2. Impose targeted individual sanctions on commanders responsible for these violations through sanctions mechanisms 3. Support systematic evidence collection to build strong cases in national and international courts 4. Freeze assets and foreign properties of suspects under relevant UN Security Council resolutions 5. Exert multilateral diplomatic pressure to compel actors to comply with international humanitarian law Conclusion: A True Test for the International System What is occurring in SDF-controlled areas is not merely isolated violations but a stark test of the international system's effectiveness in protecting human rights. The international community's failure to act will not only perpetuate human suffering but will establish a dangerous precedent that opens the door to escalating violations of international humanitarian law in other regions. Time is not on the side of the victims. Each day without accountability is a day in which more lives are lost, more communities are destroyed, and the international system loses more credibility. Accountability is not an option but a legal and moral obligation borne by the entire international community. Silence today is complicity in crime, and tomorrow it will be regret over missed opportunities. The civilians of Syria are waiting for the world to act, while international law awaits its enforcement. Generations and Technology University https://gtuedu.org/