Attachments
EXECUTIVE SUMMARY
The Syria Regional Desk at the Diakonia International Humanitarian Law Centre considers the widespread phenomenon of weaponizing housing, land, and property (HLP) in international and non-international armed conflict (IAC-NIAC) as an urgent priority that requires enhanced enforcement of international humanitarian law (IHL). In the context of the Centre’s commitment to improving civilian protection and human rights in armed conflict, this paper was developed to:
- Improve the understanding of the parties to armed conflicts and other stakeholders of the conceptual and legal frameworks governing HLP issues during and after armed conflict.
- Support these actors in improving adherence to IHL and IHRL with a specific focus on respecting HLP rights and avoiding the protracted negative impact of HLP violations.
- Provide stakeholders with legal and operational conclusions to inform their decision-making processes and operations, and to support protection advocacy efforts.
At the heart of protecting civilians, as outlined in various branches of international law, lies the protection of HLP rights. Addressing HLP concerns by applying IHL seeks to transform the conversation. Instead of viewing urban warfare as an obstacle to adhering to IHL, it acknowledges the role of IHL in reducing the impact of conflict in these settings. Beyond the overarching legal principles of IHL, such as distinction, proportionality, and precaution, it is imperative to address the operational dynamics surrounding HLP in armed conflicts. These dynamics have immediate and lasting consequences stemming from the impact of policies and hostilities.
Military necessity cannot be used as a blanket justification for all actions in response to operational and military challenges. It is essential to uphold the primary rule of safeguarding HLP, with exceptions in cases of imperative military necessity. This principle should be understood as circumstances requiring unavoidable action that cannot be feasibly mitigated by any other lawful means.
Commanders and leaders are primarily responsible for preventing and suppressing HLP violations. Thus, relying solely on internal regulations is insufficient, particularly in complex battlefield environments. Parties to the conflict must utilise all available resources to put in place preplanned precautionary measures that go beyond the mere conduct of hostilities but extend to training of commanders and fighters, collecting reliable information, taking operational measures, and choosing the appropriate means and methods of war.
In all situations, careful consideration must be given to the disproportionate effects of HLP violations on socially and legally vulnerable groups, with a priority on addressing their needs. It is imperative to prevent the exploitation of this vulnerability to perpetrate additional HLP violations or other accompanying abuses.
HLP should not be exploited as a weapon to achieve military, ideological, or political objectives. Parties involved in conflicts must recognize the irreparable harm caused by HLP violations, especially when executed as part of a widespread or systematic campaign. Such violations have profound implications on conflict resolution and transitional justice efforts. Therefore, it is imperative for all parties to prioritize HLP restitution, even prior to the conclusion of the conflict. Reparations are a natural response to wrongdoing by any individual or entity, and as such, non-State armed groups (NSAGs) are obligated to provide reparations for any HLP violations they may have committed. This approach helps alleviate social tensions, optimize available resources, and facilitate a meaningful post-conflict transition phase.
For more information about this publication from the Syria Regional Desk, please contact:
Syria Regional Desk
Beirut
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