The battle involving Iraqi and US-led Coalition forces against the so-called Islamic State (ISIL) in west Mosul’s Old City poses a considerable threat to civilians and civilian objects, international humanitarian and human rights organizations said today. All warring parties should cease using explosive weapons with wide area effects and inherently indiscriminate weapons in densely populated west Mosul. ISIL’s unlawful use of civilians as “human shields” and the difficulty of identifying civilians in buildings increases the risk of civilian casualties.
The United Nations has estimated that 200,000 civilians remain in the two-square-kilometer area in west Mosul’s Old City, which Iraqi and US-led coalition forces are encircling in preparation for the battle there.
“More than 12,000 munitions were used by the US-led Coalition at Mosul between March and May alone, according to official data – comprising airstrikes, rocket and artillery salvos, mortar attacks and helicopter actions. In addition, thousands more munitions were released by Iraqi air and ground forces – at times with little apparent discrimination. This despite the city still containing hundreds of thousands of trapped civilians,” says Airwars Director Chris Woods.
“The result of this ferocious bombardment on a densely populated city has been inevitable – with thousands of Moslawis reported killed in Coalition, Iraqi government and ISIL actions. Determining responsibility is proving particularly challenging, given the high number of munitions involved. We urge both the Coalition and Iraqi forces imediately to end the use of wide area effect and indiscriminate munitions in Mosul, in order to save lives.”
The groups expressing concern are: Airwars; Amnesty International; Center for Civilians in Conflict (CIVIC); Human Rights First; Human Rights Watch, the International Network on Explosive Weapons (INEW), and War Child.
‘Disproportionate military attacks’
On May 25, 2017, anti-ISIL forces dropped leaflets urging civilians to immediately leave areas under ISIL control. Anti-ISIL forces should take all feasible precautions to minimize harm when carrying out attacks and ensure that civilians can safely evacuate the Old City and get humanitarian assistance both inside and outside the besieged area. With the offensive to take west Mosul entering its 109th day, the situation for civilians trapped there is growing increasingly perilous. Those fleeing Mosul have told humanitarian and human rights organizations that markets are being emptied of food, with civilians subsisting on little more than wheat and rainwater.
In mid-February, the Iraqi Security Forces (ISF) supported by the US-led coalition, known as the Combined Joint Task Force – Operation Inherent Resolve (CJTF-OIR), began the offensive to retake west Mosul, a densely populated set of urban neighborhoods.
Rising civilian casualties from aerial operations have heightened concerns regarding coalition and Iraqi forces’ use of airstrikes. The use of explosive weapons with wide-area effects such as air-dropped bombs of 500lbs and above, which have been used in the context of the operation, in densely populated civilian areas of western Mosul may be resulting in civilian casualties and damage to civilian objects that is excessive to the anticipated military objectives of the strikes. Such disproportionate military attacks are prohibited under international humanitarian law.
Iraqi forces have also been launching locally fabricated rockets, commonly known as improvised rocket-assisted munitions (IRAMs), into west Mosul. Images published by media outlets and the US military also depict US forces and Iraqi forces firing mortars and unguided artillery rockets into western Mosul. Both of these weapons are inaccurate and can be unlawfully indiscriminate if used in heavily populated areas.
The difficulty of detecting civilians in the packed city, even with advanced targeting systems and continuous observation, make it difficult to determine accurately the number of civilians occupying a target area prior to approving strikes. The dangers are increased by ISIL’s use of civilians as “human shields,” which is a war crime.
Dozens of newly displaced people from west Mosul, including the Old City, have told humanitarian and human rights organizations that ISIL fighters forced them and their families to move with them up to three times, packing large numbers of families into small neighborhoods still under their control. They witnessed fighters summarily killing dozens of men as punishment as they and their families tried to flee ISIL control. They also saw ISIL fighters fire on groups of civilians as they fled; and some saw fleeing civilians shot and killed.
As the fighting intensifies and ISIL increases its use of civilians as shields, anti-ISIL forces should use all available means to verify the presence and location of civilians in the immediate vicinity of any fighters or military objectives targeted. In December 2016, US forces made procedural changes in its targeting that may increase the likelihood of civilian casualties.
All parties to the conflict are prohibited under the laws of war from conducting deliberate attacks against civilians or civilian objects, as well as indiscriminate, or disproportionate attacks. Indiscriminate attacks are attacks that strike military objectives and civilians or civilian objects without distinction. An attack is disproportionate if it may be expected to cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack.
Individuals who commit serious violations of the laws of war with criminal intent – that is, deliberately or recklessly – are responsible for war crimes. Individuals also may be held criminally liable for attempting to commit a war crime, as well as assisting in, facilitating, aiding, or abetting a war crime.
The laws of war require that the parties to a conflict take constant care during military operations to spare the civilian population and to “take all feasible precautions” to avoid or minimize the incidental loss of civilian life and damage to civilian objects. When used in populated areas, munitions with large payloads of high explosives can have a wide-area destructive effect, and it is not possible when using them to distinguish adequately between civilians and combatants, almost inevitably resulting in civilian casualties.
Weapons such as mortars and multi-barrel rocket launchers when firing unguided munitions and IRAMs are fundamentally inaccurate. This can make discriminating between civilians and combatants during an attack on a densely populated area virtually impossible. Human rights and humanitarian organizations and journalists have documented the use by Iraqi forces of IRAMs that lack the ability to be aimed beyond a basic orientation toward the target and are inherently indiscriminate.
Mortars and multi-barrel rocket launchers firing unguided munitions used by anti-ISIL forces can be aimed and adjusted by an observer, but are area-fire weapons and, when used in densely populated areas, are prone to unlawful indiscriminate use. Iraqi and US-led coalition forces should avoid all use of these weapons in the densely populated Old City of west Mosul.
Signatories:
Airwars
Amnesty International
Center for Civilians in Conflict (CIVIC)
Human Rights First
Human Rights Watch
International Network on Explosive Weapons
War Child
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