A/HRC/RES/40/17
Turkey and the Russian Federation of the memorandum on the stabilization of the situation
in the Idlib de-escalation area on 17 September 2018, and emphasizing the need to establish
an effective and lasting nationwide ceasefire in the Syrian Arab Republic,
Reaffirming that States must ensure that any measure taken to counter terrorism
complies with any relevant rules of international law, in particular international human rights
law and international humanitarian law,
Recalling that, consistent with international humanitarian law and pursuant to relevant
Security Council resolutions, including resolutions 2165 (2014) of 14 July 2014, 2268 (2016)
of 26 February 2016 and 2401 (2018) of 24 February 2018, all Syrian parties to the conflict
are to enable the immediate and unhindered delivery of humanitarian assistance, and stressing
that the arbitrary denial of humanitarian access, depriving civilians of objects and assistance
indispensable to their survival, including wilfully impeding relief supplies, such as food aid
and life-saving medical supplies, may constitute a violation of international humanitarian
law,
Recalling also that deliberate attacks on civilians and civilian objects, such as schools
and educational facilities, cultural heritage and places of worship, as well as on medical
facilities, patients and personnel and on humanitarian personnel, may amount to war crimes,
Recalling further the statements made by the Secretary-General and the United
Nations High Commissioner for Human Rights that crimes against humanity and war crimes
are likely to have been committed in the Syrian Arab Republic,
Reaffirming that the use of chemical weapons constitutes a serious violation of
international law, reiterating that all those responsible for any use of chemical weapons must
be held accountable, regretting that the mandate of the Organisation for the Prohibition of
Chemical Weapons-United Nations Joint Investigative Mechanism was not renewed, and
welcoming that the Organisation for the Prohibition of Chemical Weapons is putting in place
arrangements to identify the perpetrators of the use of chemical weapons in the Syrian Arab
Republic,
Recalling the work of the International, Impartial and Independent Mechanism to
Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious
Crimes under International Law Committed in the Syrian Arab Republic since March 2011,
including on instances of the use of chemical weapons,
Bearing in mind that the illicit transfer, destabilizing accumulation and misuse of
small arms and light weapons fuel conflict and affect negatively the enjoyment of human
rights,
Expressing its deepest concern at the findings of the Independent International
Commission of Inquiry on the Syrian Arab Republic, 1 and deploring the lack of cooperation
by the Syrian authorities with the Commission of Inquiry,
Acknowledging the ongoing efforts of human rights defenders active in the Syrian
Arab Republic to document violations and abuses of international human rights law and
violations of international humanitarian law, despite grave risks,
1.
Deplores the fact that the conflict in the Syrian Arab Republic continues in its
ninth year with its devastating impact on the civilian population, and urges all parties to the
conflict to abstain immediately from any actions that may contribute to the further
deterioration of the human rights, security and humanitarian situations;
2.
Calls upon all parties to the conflict and Member States, especially members
of the International Syria Support Group, to renew their efforts to create conditions, including
a comprehensive nationwide ceasefire, that support continued negotiations for a political
solution to the Syrian conflict, under the auspices of the new Special Envoy of the SecretaryGeneral for Syria and his office in Geneva, as only a durable and inclusive political solution
to the conflict can bring an end to the systematic, widespread and gross violations and abuses
of international human rights law and violations of international humanitarian law;
1
2
A/HRC/40/70.