Afrin/Jindires: Ihsan Aid and Growth Cuts Down Tons of of Bushes to Construct an Unlawful Village

1. Government Abstract

On this report, “Syrians for Fact and Justice (STJ)” reveals the complicity of three humanitarian organizations, Syrian and worldwide, within the unlawful resettlement of fighters of the opposition’s Syrian Nationwide Military (SNA) and their households by way of a venture marketed to help internally displaced individuals (IDPs) in Afrin, which has traditionally recognized as a Syrian Kurdish-majority area.

The venture was launched by the “Ihsan Aid and Growth” group in “Jindires” district, close to “Kafr Safra” city. The venture started in 2019 by chopping tons of of forest bushes on a neighborhood hillside[1], in response to unique satellite tv for pc footage obtained by STJ. The venture was applied on the lands seized within the aftermath of the Operation Olive Department in 2018, throughout which 1000’s of locals have been displaced. The “settlement” space is below the direct management of the “Samarkand Brigade” faction of the SNA’s First Corps, supported by Turkey.

Moreover, STJ discovered that “Ihsan” agreed with the faction to allow the group to construct the “village” and facilitate its mission with out interference (primarily based on the truth that the faction has an efficient management over the realm). In return, the faction’s fighters will obtain a sure variety of housing models. This explains why the organizations concerned within the venture have given 16% of homes to the fighters of the faction, most of whom are from Idlib, Syria.

Along with the “Ihsan” group (a program within the “Syrian Discussion board“), the “al-Sham Humanitarian Basis”, below the supervision of the Kuwaiti “Rahma Worldwide Society” group, participated in serving part of the venture and inspiring IDPs from different Syrian areas to settle in that village.

These two organizations performed a key function in constructing Jabal al-Ahlam (Mountain of Desires), most of which was dedicated to housing fighters and their households, which is an instance of compelled demographic change which has occurred all through the Syrian battle.

The village that was established by the “Ihsan” group consists of two residential blocks (an jap and a western block). It’s one among 9 villages and human settlements, whose development work started after the Turkish army occupation of the Afrin area, in response to the outline of Amnesty Worldwide[2], which documented completely different patterns of violations after the occupation[3]. The Syrian Justice and Accountability Heart (SJAC), additionally concluded that as a result of Turkey workouts efficient management over components of northern Syria, together with each exercising army management and implementing Turkish legal guidelines, working colleges, and organizing different establishments, it has obligations as an occupying energy below the Fourth Geneva Conference.

Based on dependable sources of STJ, all of those unlawful villages have been constructed upon the approval of the Afrin Metropolis Native Council (ACLC) and primarily based on the directions of Rahmi Doğan, governor of the Turkish State of Hatay, and the Turkish official liable for this space.

2. The Geographical Location of the “Ihsan” Challenge

The village, referred to by some native sources because the Village of Hope, is positioned in forested land on the foot of a hill northeast of Kafr Safra city, within the district of Jindires. The positioning is thought domestically as “Jiai Shauti”. The land is owned by the Syrian State and never a sole proprietorship.

At the moment, the realm is below the authority of the Samarkand Brigade faction of the 121st Brigade. The latter is affiliated with the thirteenth Division within the First Corps of the Ministry of Protection of the Syrian Interim Authorities affiliated with the Syrian Opposition Coalition.

Satellite tv for pc footage exhibits that the hillside was beforehand coated with forest bushes which have been reduce down within the space on which the residential village was constructed. As for the remainder of the hill and the lands surrounding the venture, forests remained as earlier than. This means that tree chopping was deliberate and got here with the goal of constructing this village.

Based on the testimony of a employee in the identical venture (the primary supply), the group implementing the venture, “Ihsan for Aid and Growth“, reduce down and distributed bushes to quite a few households benefiting from its reduction applications within the area. The supply recounted:

“The group reduce down bushes on the development website and its environment on the pretext that bushes hinder development work, impede heavy equipment and hamper paving the street that results in the hill. The variety of felled bushes was not very massive. These bushes have been reduce and distributed to the beneficiaries by the group. The latter didn’t promote or commerce bushes”.

Afrin/Jindires: Ihsan Aid and Growth Cuts Down Tons of of Bushes to Construct an Unlawful Village

Picture (1) – Satellite tv for pc footage exhibits the placement of the village earlier than and after felling bushes

3. Particulars and Targets of the Challenge

The introduced objective of the venture is to construct 247 everlasting housing for the IDPs who’re forcibly displaced from numerous Syrian governorates. Building work began in Might 2020. Nonetheless, the method of chopping down bushes and making ready the land passed off in 2019.

In September 2021, Ihsan introduced by way of its official web page on Fb the close to completion of the development work of 247 housing models/homes. Some households have already moved from Aleppo and Idlib to reside within the village, as per the images revealed by North Press, which displays the presence of some households in part of the village. However, development work remains to be ongoing in one other half, as of the date of ending this report by the top of Might 2022.

 In August 2022, STJ discovered, from a civilian, that housing operations have already begun and greater than half of the individuals for whom housing was allotted have been accommodated.

Picture (2) – a screenshot of a Fb publish revealed by “Ihsan” group, pronounces the close to completion of constructing 247 housing models in Kafr Safra.

Based on a employee within the venture (the primary supply), the realm of the village ranges between 40 to 50 acres, equal to 40,000 – 50,000 m2 roughly. It features a faculty, a nursery, a mosque, an institute for memorizing the Qur’an, a clinic, small gardens, and several other retailers, in addition to a water effectively and paving and gravel roads.

STJ’s second supply, an administrative officer within the venture, said that the implementing company, Ihsan, chosen the beneficiary households, and 60 of them are already settled in. The supply indicated that many of the registered households are civilian IDPs. However, not less than 40 homes are allotted to the fighters of the “Samarkand Brigade” faction which controls the realm. The supply recounted:

“The households that have been chosen by Ihsan group, registered for this housing beforehand. The choice was primarily based on households’ wants. As an alternative choice to money, actually 35 to 40 homes have been allotted to the faction in management as per the latter’s demand. These homes have been handed over to the faction, which distributed them to its fighters and their households. Additionally, it’s potential to search out that some members of beneficiary households are fighters in numerous factions as effectively. Nonetheless, the most important proportion of the beneficiaries is civilians”.

The supply continued:

“A dispute had beforehand occurred between Samarkand Brigade and the venture contractor [Khaled Salama], as a result of latter’s refusal to pave the street that results in the village and different sub-roads. The dispute precipitated a six-month delay within the supply of the venture. Lastly, they agreed to put the street with gravel as an alternative of asphalt to keep away from the excessive value”.

STJ’s third supply, an worker of Ihsan and a beneficiary of the venture, narrated:

“Chosen constructing supplies are sturdy, resembling iron, cement and bricks/blocks, as a result of the venture will function everlasting housing for beneficiaries”.

The fourth supply, a displaced civilian and venture beneficiary[4], stated in an unique testimony to STJ throughout the month of August 2022 concerning the function performed by the Samarkand Brigade within the venture.

“The person liable for the housing settlement’s safety is a member of the Samarkand Brigade named [Y. Al-Nazim], which maybe explains why the faction’s fighters have acquired a big proportion of the housing, in addition to explains their interference in civilian affairs by conducting ‘safety investigations’ about them.”

The supply additionally added that the person liable for the “settlement’s safety” controls the settlement’s residents and bestows selections and warnings to them, and that civilians have been negatively affected by the faction’s management over the settlement, such because the deprivation of humanitarian support. He added:

“Some time in the past, the Samarkand Brigade immediately evicted three households in the midst of the evening. Nobody was allowed to protest. In reality, the faction most dominant within the settlement is the Samarkand Brigade, and neither the civil or army police, nor the native council, can intervene within the affairs of the residential settlement as a result of it falls below the Samarkand Brigade’s management.”

4. What’s the Samarkand Brigade Faction?

The Samarkand Brigade (attributed to one of many Uzbek cities in Central Asia) was shaped by Wael Mousa in June 2016. Wael was killed throughout Operation Olive Department in 2018. Afterwards, Thaer Marouf took over the management of the faction. The faction’s fighters are initially from al-Zawiya Mountain in Idlib. Now, the faction is stationed in a number of factors in Jindires district. Different opposition factions are additionally current in Jindires, together with the Levant Entrance/al-Jabha al-Shamiya, the Ninth Division, and Japanese Military/Jaysh al-Sharqiya.

Based on inside sources, fighters obtain their month-to-month salaries of about 600 Turkish liras from the Turkish authorities.

The Samarkand Brigade participated within the “Olive Department” and “Peace Spring” operations, and despatched dozens of its fighters (together with youngsters) as mercenaries, to each Libya and Azerbaijan. The United Nations had verified the recruitment and use of three youngsters in Libya by Syrian armed opposition teams (previously often known as the Free Syrian Military). Kids have been smuggled from Syria to Libya by al-Mutasim Division and the Samarkand Brigade. This was addressed within the report submitted in Might 2021 by the Secretary-Normal of the United Nations to the Safety Council on the difficulty of youngsters and armed battle.

The faction had beforehand dedicated quite a few violations towards the individuals of Jindires district, resembling chopping down 1000’s of bushes, arbitrary detention, monetary extortion, and the seizure of property, in addition to plundering civilian property (significantly within the early days of their management). Moreover, they’ve taken over a number of olive presses owned by the individuals of the area.

(Picture 3) – The Samarkand Brigade’s Emblem.


5. The Position of Afrin Metropolis Native Council (ACLC)

The Afrin Metropolis Native Council (ACLC) performed a distinguished and basic function in giving Ihsan the land on which the venture was constructed and offering a license to construct on agricultural lands in Jindires. This passed off previous to the group’s settlement with the Samarkand Brigade.

The ACLC’s function was made up of two components. First, an organizational function between the Ihsan group and the workplace of the Turkish governor, which issued the preliminary approval of the venture to the consultant of the group. Later, in response to STJ’s sources, the governor’s workplace gave oral orders to ACLC to facilitate the work of Ihsan. Subsequently, ACLC proposed a number of locations the place the residential complicated may very well be constructed. ACLC will later grant the group an allocation paper for the entire venture upon its completion. The group shall ship a sub-allocation paper for one quota to all beneficiaries.

Along with enjoying a company function, the ACLC performs a coordinating function between the Ihsan group and the Jindires Metropolis Native Council (JCLC). The reporting comes from ACLC to JCLC, with the approval of the Turkish governor. This case is similar to the license that ACLC supplied to organizations that constructed the settlement of Jabal al-Ahlam (Mountain of Desires).

Based on STJ’s sources, it was outstanding that not like ACLC, JCLC didn’t make a direct choice on the venture.

6. How is the Area of Afrin Ruled?

All of Afrin’s seven districts are below the authority of the workplace of Rahmi Dogan, the governor of the Turkish State of Hatay, who’s assisted by a gaggle of deputies who every oversee a district in Afrin. STJ discovered this data from a number of members of native councils. They confirmed that the residential unit specifically is below the jurisdiction of the deputy governor of Hatay, who’s liable for Afrin district.

As for the final work mechanism of native councils, STJ’s sources have summarized it as follows:

“When it comes to administrative subordination, native councils comply with the opposition’s Syrian Interim Authorities. Nonetheless, virtually they obtain most of their orders from the Turkish deputies of the governor. They supervise growth and financial plans, along with expenditures. Salaries and monetary allowances of councils’ staff are paid month-to-month from Turkey as monetary grants supplied by the governor of Hatay. A few of these month-to-month funds are supplied by Qatar by way of the Turkish authorities, whereas some are deducted from taxes and costs revenues”.

STJ’s fifth supply, one other worker of Ihsan and a beneficiary of the venture, advised STJ that:

“The institution of the residential village was approved by ACLC, after the group obtained the constructing license. ACLC has additionally accredited the choice of this land because it was a standard property, and the group won’t pay for it. Nonetheless, the individuals of Kafr Safra disagreed, claiming they’ve a proper to the land”.[5]

The supply added:

“ACLC gave the group a collective license for all of the housing models that will probably be constructed. Additional, the group acquired guarantees from the council to offer the beneficiaries a proof of possession [like what is called a ‘Green Tabo’ paper].”

STJ’s staff reviewed the official accounts of ACLC and JCLC however didn’t discover any publication or announcement associated to the residential village that’s being inbuilt Jindires, not like different housing initiatives resembling Basma Village and Kuwait al-Rahma village that have been introduced and celebrated by the council.

7. Aid Organizations Concerned

  • The Ihsan Aid and Growth group is a program within the Syrian Discussion board. The Syrian Discussion board defines itself on its official web site as a non-profit group, registered in Turkey, with partnerships in Austria and america of America (USA). The discussion board was established in 2011 and accommodates 5 applications. By the top of 2020, the variety of its workers members was 2,318. The Syrian Discussion board together with its companions have 17 places of work in Syria, Turkey, Austria, USA and Qatar. Ihsan is likely one of the 5 applications. Furthermore, the venture of Kafr Safra village, applied by Ihsan, is addressed within the Discussion board’s annual report 2021 (pages 26-27).
  • The al-Sham Humanitarian Basis was licensed in Turkey in 2014, below the title (Sham al-Khair Basis), registration quantity (073/030/01). At this time it has 5 places of work in Syria that contribute to all sectors of charitable work. The inspiration contributed to this venture by constructing a mosque and an academic heart, below the title of Ayad Askar Al-Anzi (a Kuwaiti donor), which went into operation in October 2021. The realm of the mosque is round 130 m2, absolutely geared up, and may accommodate 200 individuals. It features a minaret, a dome, and public services. However, the tutorial heart is round 80 m2, geared up with all academic tools, and accommodates 150 female and male college students. It consists of three school rooms, an administration workplace, and a couple of loos. This work on “Ayad Al-Anzi” is below the supervision of the Rahma Worldwide Society, which has been publicized by Ministry of Social Affairs below ministerial decision quantity (100/A 2018 AD), to supply its companies to the needy inside and out of doors the State of Kuwait, by way of developmental, academic and well being initiatives supposed to spice up human life along with orphan, poor and humble households and offering pressing reduction for the individuals in want.

Picture (4) – Satellite tv for pc footage exhibits the residential complicated in Jindires.


8. The Aforementioned Actions within the Perspective of the Syrian Legislation

The actions carried out by the Samarkand Brigade in cooperation with ACLC and the aforenamed organizations represent an offense. Article 724 of the Normal Penal Code (No.148 of 1949) ranges a jail sentence of as much as six months towards anybody who usurps a portion of state-owned properties.

Furthermore, The Legislative Decree for Removing of Constructing Violations (No.40 of 2012) imposes a penalty of imprisonment from 3 to 12 months for anybody who’s confirmed liable for constructing violations. This contains homeowners of the constructing, possessors, occupants, contractors, implementers, supervisors, and anybody who examined the constructing. This is applicable when the constructing in violation is positioned (even partially) on public property, property of the state, or property of the executive unit. Accordingly, in Jindires case, whoever supervised, applied, examined, or ready the constructing plans, is concerned in committing against the law, and due to this fact may very well be punished below the regulation. Illegally constructed constructions should be demolished on the violator’s expense, with a superb of two,000 to 10,000 Syrian Kilos (SYP) per sq. meter on whoever is confirmed liable for the violation (Article 2).

Events addressed on this report reduce down tons of of forest bushes in preparation for the implementation of the venture. This act breaches the Forestry Legislation (No.6 of 2018), Article 32, which imposes a penalty of imprisonment from 6 months to 2 years, and a superb that ranges between 500,000 and 1,000,000 SYP, on anybody, with out prior authorization, uproots, cuts, damages or distorts bushes and shrubs within the State forests, or performs any act that results in their destruction.

Consequently, ACLC violated the Forestry Legislation by offering the Ihsan group with a collective license for all of the housing models, in addition to by promising to offer the beneficiaries a proof of possession (as per STJ’s supply). Primarily based on Article 39, offenders may very well be sentenced to three to five years in jail and pay a superb ranging between 100,000 and 200,000 SYP.

Moreover, the practices of the native councils have been carried out in violation of the Syrian legal guidelines in power. The Syrian Civil Code No. 84 of 1949 grants the one who initiates development work on or cultivates the property of others the “proper to property acquisition by accession”, supplied that the constructing or cultivation is price higher than the worth of the property on which development work was initiated, and likewise supplied that the individual concerned is finishing up the development work or the cultivation in good religion “bona fide” (they imagine they personal the property when these actions have been pursued). Pertaining to the case below examine, STJ believes that each one those that have been allotted properties don’t meet the great religion situation, since they’re individuals displaced from numerous areas all through Syria, together with Homs and Rif Dimashq, amongst others. As a result of they arrive from completely different areas, the recipients of those plots actually know that the properties they have been allotted don’t belong to them, nor to the native council that granted them the allocation papers.

Most significantly, “the appropriate to acquisition by accession” doesn’t apply to properties registered within the Cadaster, or these owned by the State. Due to this fact, not one of the individuals allotted properties might declare any proper to the actual property given to them, whatever the time they possessed or occupied the property (Articles 925 and 926 Civil Code).

9. Conclusions within the Gentle of the Worldwide Legislation

It’s established in worldwide legal guidelines and practices that organizations working in humanitarian fields have an obligation to abide by 4 guiding ideas: neutrality, impartiality, humanity, and independence.[6] Neutrality implies that humanitarian support should not favor any aspect in an armed battle or different dispute. Impartiality states that humanitarian support should be supplied solely primarily based on want, with out discrimination primarily based on nationality, race, faith, social class, affiliation, political opinion, or different goals. Humanity calls for that the first motive for humanitarian actions must be to answer human struggling wherever it’s discovered and no matter who suffers from it. Independence is the autonomy of humanitarian goals from the political, financial, army, or different goals that any actor might maintain concerning areas the place humanitarian motion is being applied.

Moreover, Worldwide Humanitarian Legislation (IHL) imposes offering medical reduction in response to the precedence of want, with no distinction between civilians or combatants, or primarily based on affiliation to a sure occasion to the battle.[7] The precept of neutrality requires {that a} distinction should be made between combatants and civilians, and the utmost should be achieved to make sure that the wants of the civilian inhabitants are adequately met.[8]

Humanitarian organizations should stop the events to a battle from instantly or not directly appropriating support supposed for the civilian inhabitants.

Primarily based on the obligation of events to battle to facilitate fast and unimpeded passage of humanitarian reduction for civilians in want, IHL has permitted humanitarian actors to barter with these events, significantly these controlling areas of transit and distribution of consignments.[9] Furthermore, events to a battle can not obtain materials or army positive aspects, nor acknowledge a selected authorized standing, since this might quantity to a violation of the general ideas of a humanitarian motion.

Accordingly, the settlement between the involved organizations and the Samarkand Brigade to own round 16% of the homes allotted to civilians and victims of battle,[10] is a breach of humanitarian ideas. It prejudices the appropriate of civilians to acquire humanitarian reduction, and the obligation of the events to facilitate entry. If humanitarian reduction contributes instantly or not directly in strengthening the facility of 1 occasion to the battle, this might lead different events to rethink their consent to assist distribution.[11] Consequently, civilians -all over the country- may be affected by this precedent, since support that doesn’t meet the circumstances of neutrality and impartiality will most definitely not be thought of humanitarian.

However, there’s a stable hyperlink between impartiality and non-discrimination, particularly that each ideas require proportionality by way of response primarily based on stage of want.[12] Because the talked about organizations present companies in a selected space, and have entry to everybody with none interference, then they’ve an obligation to answer civilian wants transparently and primarily based on an goal evaluation. Thus, organizations mustn’t depend on a subjective evaluation, primarily based on ambiguous choice mechanisms, managed by any occasion to the battle.

Actions of reduction organizations addressed within the report are linked to a context wherein a sequence of potential violations are dedicated towards the indigenous inhabitants. This might significantly be seen within the enforced displacement of indigenous individuals and the consolidation of the presence of a brand new inhabitants. Due to this fact, directing the companies of those organizations for the advantage of the brand new inhabitants solely, and excluding indigenous individuals in addition to denying their humanitarian wants, might quantity to a participation (instantly or not directly) in these potential abuses.

The State -Syria on this case- has an obligation to not refuse the passage and entry of humanitarian support in instances the place the dearth of reduction might result in hunger of the civilian inhabitants.[13] On this context, the Institute of Worldwide Legislation has clarified that “Affected States are below the duty not arbitrarily and unjustifiably to reject a bona fide provide solely supposed to supply humanitarian help or to refuse entry to the victims. Specifically, they could not reject a proposal nor refuse entry if such refusal is more likely to endanger the elemental human rights of the victims or would quantity to a violation of the ban on hunger of civilians as a way of warfare”.[14]

Accordingly, this restriction imposed on a State doesn’t give humanitarian actors absolute freedom to implement quite a few applications and interventions just because they’re categorised as “humanitarian”, significantly since these actors have an obligation to respect the native regulation -regarding entry to the State’s territory- in addition to to think about relevant safety necessities.[15]

Based on the interventions noticed on this report, and as compared, with the potential breaches and violations of nationwide and worldwide legal guidelines, the availability of “humanitarian help” may very well be used to flee condemnation as an intervention within the inside affairs of the State, as concluded by the Worldwide Courtroom of Justice in 1986.[16]

All of the above results in a direct or oblique contribution to offering help for an armed non-state actor occasion to the battle. Due to this fact, we have to analyze the actual authorized obligations and potential violations.

As an occupying energy, Turkey bears obligation for reduction and humanitarian actions in territories below its management, because it has develop into established in worldwide boards,[17] and in accordance with Turkey’s obligations in worldwide regulation.[18] Based on the knowledge addressed on this report, significantly by way of official mechanisms adopted by reduction organizations to acquire official authorized and procedural licenses, it’s clear that Turkey -in theory- adheres to Article 59(1) of the Geneva Conference (IV) concerning the facilitation of reduction actions. This may very well be seen within the oral approval of the Turkish governor, which shaped the cornerstone to native councils that issued mandatory approvals and/or licenses to the organizations listed on this report, to implement the venture. Nonetheless, this theoretical achievement of authorized obligation is void of its humanitarian objective; Turkey, as an occupying energy, and in response to the information supplied within the report, didn’t carry out due diligence to make sure that support and/or companies achieves its humanitarian objective, at odds of Article 60 of the Geneva Conference (IV), which kinds the cornerstone for the State to agree on the entry and distribution of humanitarian support by way of/to its territory, in accordance with Article 23 of the Geneva Conference (IV). Maybe the final situation talked about on this Article -restricting the appropriate of passage of consignments wherein a selected benefit to the “enemy” could be achieved- is a very powerful by way of the obligations of the occupying energy, and the organizations that perform humanitarian support missions both by providing their companies or assigning them to the authority in query.

The truth that fighters within the “Samarkand Brigade” profit from buildings designed to answer civilian wants, is evident proof of a selected benefit of a celebration to the battle. On this context, the duty of the occupying energy is multiplied because it workouts complete management over the “Samarkand Brigade” and different factions, which causes reduction consignments to be diverted for the advantage of the occupying energy and its proxies. These consignments should be retained wholly and solely for the inhabitants of the occupied territories.

However, there’s a duty on the organizations working instantly or not directly on this venture. Along with the above-mentioned potential violations dedicated by the group main the venture, donors bear obligation for violations dedicated towards the State and civilians who’re imagined to be the one beneficiaries of those humanitarian actions. Donors ought to adhere to the necessities of due diligence earlier than offering grants, significantly with regard to remaining beneficiaries; their background and practices within the gentle of worldwide regulation.


[1] The hill is thought domestically as “Kafr Safra hill”.

[2] See e.g., Human Rights Council, Report of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 14 August 2020, A/HRC/45/31, § 67; Human Rights Council, Report of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 11 March 2021, A/HRC/46/55, § 94; and Human Rights Council, Report of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 08 February 2022, A/HRC/49/77, § 93.

[3] Human Rights Council, Human rights abuses and worldwide humanitarian regulation violations within the Syrian Arab Republic, 21 July 2016- 28 February 2017, Convention room paper of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 10 March 2017, A/HRC/34/CRP.3, § 103.

[4] The witness requested anonymity in an effort to testify. The interview was performed in early August 2022.

[5] Since it’s a frequent land of their village, individuals imagine they’re those who deserve to profit from it.

[6]See UN Normal Meeting Resolutions 46/182 in 1991 and 58/114 in 2004.

[7] ICRC, IHL Database, Rule 88. Non-Discrimination. Out there at: (

ICRC, IHL Database, Rule 110. Remedy and Care of the Wounded, Sick and Shipwrecked. Out there at:


[8] Ruth Abril Stoffels, Authorized regulation of humanitarian help in armed battle: Achievements and gaps, IRRC September 2004, Vol. 86, No. 855, 515-546, p. 542.

[9] A rule of customary IHL. See ICRC, IHL Database, Rule 55. Entry for Humanitarian Aid to Civilians in Want. Out there at: (

[10] See ICJ, Case regarding Army and Paramilitary Actions in and towards Nicaragua (Nicaragua v. United States of America), Deserves, Judgment, 27 June 1986, ICJ Studies 1986, para. 242.

[11] ICRC, Commentary on Conference IV relative to the Safety of Civilian Individuals in Time of Conflict, Commentary of 1958, p. 322. See additionally Article 23 of Geneva Conference (IV).

[12] ICRC, Commentary on Conference IV relative to the Safety of Civilian Individuals in Time of Conflict, Commentary of 1958, p. 97.

[13] A rule of customary IHL. See ICRC, IHL Database, Rule 55. Entry for Humanitarian Aid to Civilians in Want.

It is usually a mirrored image of Article 18(2) of Further Protocol II and Article 70(1) of Further Protocol I.

[14] Institute of Worldwide Legislation, Decision of the Institute of Worldwide Legislation on Humanitarian Help, Bruges Session 2003, Artwork. VIII.1. Out there at: (

[15]Further Protocol I, Article 71(4).

[16] ICJ, Case regarding Army and Paramilitary Actions in and towards Nicaragua (Nicaragua v. United States of America), Deserves, Judgment, 27 June 1986, ICJ Studies 1986, para. 243. Out there at: (

[17] See e.g., UN Normal Meeting, Report of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 14 August 2020, A/HRC/45/31, § 67 (Out there at:; UN Normal Meeting, Report of the Unbiased Worldwide Fee of Inquiry on the Syrian Arab Republic, 08 February 2022, A/HRC/49/77, § 93 (Out there at:; and UN Information, UN rights chief requires Turkey to probe violations in northern Syria, 18 September 2020 (Out there at:

[18] Geneva Conference (IV), Article 55(1); and Further Protocol I, Article 69(1).

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