“The killing of prisoners and the mutilation of their bodies is a war crime and a crime against humanity”

Prosecutor of the International Criminal Court Ms. Fatu Bensuda

European Court of Human Rights

Secretary-General of the United Nations Mr. Antonio Guterres

The United Nations Security Council and the International Court of Justice

What the Turkish forces and the terrorist groups are doing against the Syrian fighters of SDF, YPG and YPJ by torturing and mutilating their corpses, amounts to war crimes and crimes against the humanity. Some of those fighters who have been subjected to such brutal behavior, for example: Amina Omar (Barin Kobani) a fighter in Women’s Protection Units (YPJ), who martyred in January 2018, after mutilating her corpse. Also, Ahmad Muhammad Hanan (Amed) a YPG fighter, who got martyred on 8-2-2018 after torturing and mutilating his body. The third example is the SDF fighter, Ahamd Hamo (Ashraf Derbasiyah), who was captured alive and tortured to death on 22-2-2018 in Raju- kefreh Ker village.

  According to article IV of the Third Geneva Convention related to the treatment of prisoners of war, states that prisoners of war are considered as prisoners of war under the following conditions:

1-Members of the armed forces of a Party to the conflict, militias or volunteer units forming part of such armed forces.

2-Members of other militias and other volunteer units, including members of organized resistance movements, who belong to one of the parties to the conflict and operate within or outside their territory, even if the territory is occupied, provided that the following conditions are met in these militias or volunteer units, Organized resistance:

(A)- To be led by a person responsible for his subordinates;

(B)- Have a distinctive emblem that can be distinguished from a far distance.

(C)- to hold arm overtly.

(D)- To abide by the laws and customs of war in their operations;

3- Members of the regular armed forces who declare allegiance to a Government or authority not recognized by the Detaining Power.

4-Persons accompanying the armed forces without being in fact part of them, such as civilian personnel in military aircraft crews, war correspondents, catering operators, members of workers’ units or military entertainment services, provided they have a permit from the armed forces accompanying them.

5-Residents of non-occupied territories who carry their own weapons when the enemy approaches invading forces without having the time to form regular armed units, provided that they carry weapons openly and observe the laws and customs of war.

The article III of the Third Geneva Convention relative to the Treatment of Prisoners of War provides that:

 Persons not directly involved in hostilities, including members of the armed forces who have laid down their arms, persons who are unable to fight for illness, injury, detention or any other cause, shall in all circumstances be treated humanely, without any adverse distinction based on race, Color, religion, belief, sex, birth, wealth or any other similar criterion.

Therefore, the following acts shall be prohibited in respect of the above-mentioned persons:

1- Assault on life and physical integrity, in particular murder of all kinds, mutilation, cruel treatment and torture.

2-Hostage-taking.

3-Assault on personal dignity, in particular degrading treatment.

4-Sentencing and execution of sentences without prior trial in front of a legally constituted court and ensuring all necessary judicial guarantees for civilized peoples.

It must be emphasized that prisoners of war must be treated in a humane manner in all circumstances. International humanitarian law protects them from all acts of violence, intimidation, insults and public curiosity. At least the minimum conditions that governing the detention must be implemented.

These include, for example, matters of place of detention, food and clothing, Hygiene and medical care, and that what the Turkish army and terrorist groups commit is nothing but a departure from and violation of the principles of international humanitarian law and international conventions and norms, including Articles 10 and 11 of Protocol I of the Geneva Conventions (1949) and Article 75 of the same Protocol which states the following:

1-People who are captured by the party of conflict shall be treated in a humane manner. Such persons shall enjoy, at a minimum, the protection afforded to them by this article without any adverse distinction based on race, color, sex, language, religion or belief Political or other opinion, national or social origin, property, birth or other status or on the basis of any other similar criteria. All parties shall respect honor, beliefs and religious practices of those persons.

  1. The following acts shall be immediately prohibited and received at any time and place, whether committed by civilian or military personnel:

(A)- Violence against the life, health, physical or mental integrity of persons, in particular: murder, torture of various physical or mental forms, corporal punishment and mutilation;

(B)- Violation of personal dignity and, in particular, degrading treatment of the person and the power of his ability and coercion of prostitution and any form of indecent assault.

The article IV of The Hague Convention (1907) states:

 Prisoners of war are under the authority of the enemy government, not under the authority of the individuals or units they have captured, and the prisoners must be treated humanely.

The article 32 of the Fourth Geneva Convention states:

The High Contracting Parties expressly prohibit all measures which would cause physical suffering or extermination of protected persons under their authority, and not only the killing, torture, corporal punishment, mutilation and medical and scientific experiments not only required by the medical treatment of the protected person, but also any acts of cruelty whether by civilian agents or military agents.

The article VIII on war crimes of the Rome Statute of the International Criminal Court provides that:

1-The Court shall have jurisdiction over war crimes, in particular when committed in the context of a plan or policy or in the context of a widespread commission of such crimes.

2-For the purpose of this Statute, war crimes shall mean:

(A)- Grave breaches of the Geneva Conventions of 12 August 1949 (i.e.) Any of the following acts against persons or property protected by the relevant provisions of the Geneva Convention:

1-Murder.

2-Torture or inhuman treatment, including biological testing.

3-Intentionally causing severe suffering or causing serious harm to body or health.

4-Consentfully depriving any prisoner of war or any other protected person of his right to a fair and regular trial.

(the following is the link of mutilating Ahmad Hanan’s corpse, who was one of SDF fighters)

 https://www.facebook.com/100006871359650/videos/pcb.2004846516421041/2004846466421046/?type=3&theater

(the following link is for mutilating Barin Kobani’s corpse, the fighter in YPJ)

https://www.youtube.com/watch?v=TLrirzDl9qs&has_verified=1

(the following report by Arabia TV channel)

https://www.youtube.com/watch?v=2ZVe8c7OPuc

The body of the fighter Amina Omar – Report Sky News Arabic))

 https://www.skynewsarabia.com/web/article/1018427/%D8%BA%D8%B6%D8%A8-%D9%86%D8%B4%D8%B1-%D9%81%D9%8A%D8%AF%D9%8A%D9%88-%D8%AA%D9%85%D8%AB%D9%8A%D9%84-%D8%A8%D8%AC%D8%AB%D8%A9-%D9%85%D9%82%D8%A7%D8%AA%D9%84%D8%A9-%D9%83%D8%B1%D8%AF%D9%8A%D8%A9-%D8%B9%D9%81%D8%B1%D9%8A%D9%86

   

The fighter Ali Hamo

Link – The fighter (Ali Hamo) was captured by members of the Turkish army and terrorist groups and then killed and mutilated

https://www.facebook.com/AJA.Turkey/videos/1525291710851356

the following picture is for the fighter “Ahmad Muhammad Hanan

(this pictures was taken in 2016 when Ahamad joined SDF)

Legal Office of the Syrian Democratic Forces

4 March 2018

Comments are closed.