Combating the climate of impunity in Syria

The NGO Human Rights Watch has revealed the desperate need for a new approach by policymakers and international donors to support credible criminal prosecutions for severe rights violations in Syria. Concerned governments should strive for a more comprehensive approach to accountability for the brutal crimes committed in Syria, a new report insists.

The HRW report outlined a series of proposals for accountability, including the involvement of the International Criminal Court (ICC), criminal prosecutions by Syrian courts and national prosecutions in foreign courts under the principle of universal jurisdiction. The report also discusses the benefits of a specialised court or chamber within Syria’s justice system that would have both international and Syrian staff and would work with the ICC and other courts on atrocity cases.

Over the last two-and-a-half years, HRW has documented numerous incidents of abuses by government and pro-government forces; the conclusion is that they have committed crimes against humanity and war crimes. The regime continues to conduct random air and artillery strikes on civilians and to detain, to torture and to execute civilians and combatants arbitrarily.

“The international community should understand that accountability for the horrendous crimes in Syria will be essential for a durable peace,” said Balkees Jarrah, international justice counsel at HRW. “The world will need a variety of judicial tools for justice in Syria as well as a long-term vision that avoids pitting one measure against another.”

HRW noted that extensive truth-telling mechanisms, reparations, vetting, economic development and reconstruction will also be needed as part of the process of moving Syrian society forward in a sustainable way.

The report also documents crimes committed by opposition groups, including the indiscriminate use of car bombs and mortars, kidnapping, torture and extrajudicial executions. Furthermore, the use of systematic kidnapping and intentional killings of civilians by some opposition groups may amount to crimes against humanity.

As expected, the Syrian government has not taken any significant steps to bring to account government and pro-government forces responsible for violations. There is a lack of political will by the authorities in Damascus to ensure credible justice for past and ongoing grave human rights abuses. Moreover, there are serious doubts about whether the Syrian judicial system has the capacity to address these large-scale crimes. Opposition forces have not addressed accountability for abuses by their members adequately. As a result, national prosecutions are not an option for now, HRW said.

It is with this in mind, that Human Rights Watch is urging the UN Security Council to refer the situation in Syria to the ICC as a crucial first step towards justice for victims of atrocities by all sides. Sixty-four countries, including six Security Council members, have expressed support for this step. ICC can play a vital role, given that the Syrian justice sector will most likely be inadequate in addressing complex and politically-charged cases. The court can also set a valuable reference point for other judicial initiatives, including national trials.

“There will, of course, be a need for additional cases in Syrian courts to bring full accountability beyond what the ICC process could yield,” said Jarrah. “However, we need to be clear-eyed about what it’s going to take in the long run for fair national prosecutions for the crimes being committed in Syria.”