Refugee camp in A'zaz in northwestern Syria. Photo by Joe English, UNICEF. Copyright by UNICEF.
On Monday the United Nations criticized itself as well as Syria and other players in the civil war for failing to help victims of the February 6 earthquakes for at least three days. Probably thousands died as a result.
Syrian President Bashar al-Assad would not approve aid across Syrian borders for
at least a week to Idlib Province, in rebel-held territory. More than 2 million
Syrians, left homeless elsewhere in the country by the 11-year civil war, lived
in Idlib even before the earthquakes.
Five million Syrians need such aid as shelter and medicine in the earthquake
zone, estimated the UN Commission on Inquiry under the Human Rights Council.
The Commissioners rapped Israel for bombing the Aleppo airport last week through which earthquake aid could have arrived. The missiles put the airport out of service. Israel has attacked Syrian airports before to stop arms from Iran, a Syrian ally, from reaching the Lebanese militants Hezbollah and other enemies.
Also, the opposition Syrian National Army—and
the Islamic militants Hayat Tahrir al Sham, who control the main route
into Idlib—“refused cross-line aid from Damascus,” said the commissioners.
“People were saying, ‘We need heavy equipment, we need
search teams with dogs, people are still alive under the rubble,’ ” said Commissioner
Hanny Megally. “…And they could see not far away the same earthquake, lots of
international assistance being provided on the Turkish side of the border….”
The commissioners called for a “comprehensive
ceasefire” to permit aid and for another probe. They have just issued their report, saying "agreement was reached to publish...after the standard publication date owing to
circumstances beyond the submitter’s control."
On the Security Council, Russia and China, allies of Syria, had vetoed use of three international routes into Idlib to force aid to pass through Damascus. This left only the Bab al-Hawa route from Turkey. The earthquakes partly blocked it.
In their news release, the commissioners did not discuss whether, instead of waiting for approval from al-Assad or the Security Council, the UN could have invoked the 1949 Geneva Convention. Article 59 states that if "the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population and shall facilitate them by all the means at its disposal.” Some legal scholars argue that Turkey effectively occupies Idlib Province, because its troops are there. So it would have been obliged to let aid enter immediately through such routes from Turkey as Bab al-Salameh and Ras al-Ain. – Leon Taylor, Baltimore tayloralmaty@gmail.com
References
Albert Aji. Syrian state media: Israeli strike damages Aleppo airport. Associated Press. March 7, 2023. Syrian state media: Israeli strike damages Aleppo airport - The Washington Post
Ansgar Münichsdorfer. Does international law close open borders for humanitarian aid? Völkerrechtsblog: International Law and International Legal Thought. February 28, 2023. Home - Völkerrechtsblog (voelkerrechtsblog.org)
United Nations Human Rights Office of the High Commissioner. March 13, 2023. Epicentre of Neglect: Protection of Civilians in Syria Remains an Illusion says UN Syria Commission of Inquiry | OHCHR The full report is at A/HRC/52/69 (un.org)
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