On Sunday, May 25, 12-year-old Saleh Warnas al-Halawi, from the village of Rasm al-Halawi in the eastern Hama countryside, was killed by a cluster munition explosion, left over from a previous bombing by the Assad regime and Russian forces in the Jabal Shaer area in the eastern Homs countryside. The boy was there with his father to search for pasture for their sheep, in an area under the control of the transitional government.
Legal Conclusions
- Weapon remnants continue to pose a grave threat to the lives of civilians, especially children, who may handle these objects without being aware of the dangers they pose. The Network has previously issued several reports on cluster munitions and weapons remnants, warning of their far-reaching effects, which include not only death but also permanent injuries and physical and psychological disfigurement. The use of these types of weapons in populated areas by Assad regime and Russian forces over the past years constitutes a grave violation of international humanitarian law, particularly the principles of distinction and proportionality, and entails legal responsibility.
- The continuing effects of these weapons after a conflict are an extension of previous violations, for which the parties that used them or left them unrecovered bear primary responsibility, whether in terms of causation or negligence.
- Article 6 of the International Covenant on Civil and Political Rights guarantees the right to life, which includes the protection of the population from residual threats that endanger their lives even in times of peace.
Recommendations by SNHR
- Organizing and coordinating efforts to remove remnants of war scattered throughout the country, through a comprehensive national plan in partnership with specialized international organizations.
- Ensuring victims’ rights to access compensation, treatment, and psychological care, especially children and those with permanent disabilities resulting from these remnants.
- Identify contaminated areas and publish their maps publicly and launch community awareness campaigns to raise awareness of the dangers of explosive remnants of war. Cooperate with relevant international bodies, such as UNMAS and the ICRC, to develop technical and legislative standards for handling remnants of war.
- Supporting post-conflict efforts in Syria through funding, training, and equipment to ensure the effective and comprehensive removal of all remnants of war.
- Providing legal and technical support to document the use of prohibited weapons by the parties involved, contributing to accountability and justice.
- Providing sustainable and direct funding for mine and explosive remnants of war clearance programs and building permanent national technical capacity in this field.
- Supporting rehabilitation and long-term care programs for victims of these remnants of war, particularly in marginalized and most affected areas.
