Protezione dei luoghi di cura in Siria: Luci e ombre del diritto internazionale

Since 2011, the Syrian Government is fighting against opposition groups. Many breaches of the international humanitarian law were committed by the two belligerent parties, and in particular assault to health-care places, like hospitals, recoveries, clinics (in particular those of NGOs) and many other medical facilities. Such a conduct is not only considered as a war crime per se, but also entails a responsibility for the violation of the right to health, considered as the one of most important rights being afforded to the population in the Syrian conflict. In order to make clearance on the liability for those crimes and give the possibility to prosecute them, three instruments appear to be applicable: the inquiry by the Independent Commission established by the UN Human Rights Council, the referral by the UN Security Council, and the universal jurisdiction of States. These kinds of international tools seem to be the principal methods for prosecuting war crimes in Syria. But are these remedies also effective in bring to justice people considered as liable for those crimes? This contribution would like to explore the availability in international law for resorting to those remedies, with a realistic legal point of view.