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Originally published September 11, 2013 at 9:13 PM | Page modified September 12, 2013 at 6:57 AM

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U.N. panel cites evidence of war crimes by both sides in Syria

Syria’s government and rebel forces have committed murder, torture, rape and indiscriminate attacks on civilians, without fear of future punishment, the Commission of Inquiry said in its latest report to be presented to the U.N. Human Rights Council in Geneva.

The New York Times

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GENEVA — As the United States and Russia searched for a diplomatic solution to the crisis over Syria’s chemical weapons, a four-person U.N. rights panel presented detailed evidence Wednesday of what it said were war crimes and crimes against humanity committed by pro-government forces and, to a lesser extent, rebels in the 30-month conflict.

Bolstered by weapons and money from regional and global powers waging a proxy war, Syria’s government and rebel forces have committed murder, torture, rape and indiscriminate attacks on civilians, without fear of future punishment, the panel, a Commission of Inquiry that was expanded last fall, said in its latest report to be presented to the U.N. Human Rights Council in Geneva.

The report was careful to hold both sides responsible, but the unevenness of the conflict — with heavily armed government forces battling rebels with scanty, sometimes homemade arsenals — was evident. Of the nine mass killings the panel investigated for the report, eight were attributed to the government and one to rebels.

“Relentless shelling has killed thousands of civilians and displaced the populations of entire towns,” the report said, leaving government responsibility implicit. “Massacres and other unlawful killings are perpetrated with impunity. An untold number of men, children and women have disappeared. Many have died in detention.”

The report added: “The perpetrators of these violations and crimes, on all sides, act in defiance of international law. They do not fear accountability. Referral to justice is imperative.”

The new report echoes warnings the panel issued in February, when it reported evidence of war crimes on both sides and said the violence was worsening, with increasing sectarianism, the radicalizing influence of a growing number of foreign fighters, and “the proliferation of weapons and types of weapons used.” At that time the panel urged the U.N. Security Council to refer those responsible for crimes to the International Criminal Court.

The panel’s new report tracks the investigations the panel conducted over three months, ending in mid-July. It is dated Aug. 16, five days before a chemical-weapons attack on a suburb of the Syrian capital, Damascus, that prompted threats of punitive military strikes by the United States and France. But its findings of continuing and escalating atrocities underscore what is at stake as U.S. Secretary of State John Kerry and Foreign Minister Sergey Lavrov of Russia prepare to meet in Geneva on Thursday to try to flesh out Russia’s proposal for putting Syria’s chemical weapons under international control.

A successful outcome to their talks would avert U.S. military strikes against President Bashar Assad’s government. It might also revive efforts to convene a second Geneva conference to broker an end to the conflict.

The alternative risks the continuation or widening of a conflict that the panel says has intensified in recent months, reigniting tensions in neighboring countries and posing a wider threat to the stability of the region.

Pro-government forces had gained momentum this summer, maintaining control of cities and major communications routes and recapturing some areas previously taken by rebel groups, the panel reported. Opposition forces, though plagued by internal strife and increasingly radicalized, had become more organized and reinforced their hold on large areas of Syria’s north and east.

The panel members noted the intensified fighting around Damascus and Aleppo as Assad’s forces seek to recover territory lost to the rebels early in the civil war. But the report warned that both sides were deluding themselves about the prospect of defeating the other. “There is no military solution to this conflict,” it said of the fighting that has killed more than 100,000 people. “Those who supply arms create but an illusion of victory.”

The panel, which has not been allowed to enter Syria, relies largely on interviews with refugees and defectors. Its new report says government forces unleashed indiscriminate bombardment by tanks, artillery and aircraft against areas they were unwilling or unable to control.

The number of people killed in government custody “rose markedly,” the panel reports, drawing on 258 interviews to give details of widespread torture, particularly by military intelligence and other security agencies. Adult detainees “regularly reported the detention and torture of children as young as 13,” the panel reported. It said: “The involvement and active participation of government institutions indicated that torture was institutionalized and employed as a matter of policy.”

The one massacre by opposition forces covered in detail by the panel’s report was the mass killing of Shiite residents in the Hatla district of Deir el-Zour in June, according to the panel, which reported summary executions of captured government soldiers and said rebel forces had recruited children for combat.

Rebel groups had also conducted torture and although these occurred in isolated instances, “There were strong indications that such practices are on the rise.”

In the U.S., meanwhile, the Senate temporarily put aside a resolution to authorize the use of force against Syria, as the Obama administration appealed for patience while it explored Russia’s proposal to monitor and ultimately destroy Syria’s chemical weapons.

Material from Los Angeles Times is included in this report.

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