Having the will in the path of change

The transitional path in the new Syria is long, thorny and requires persistence and patience. This regime has been suffocating the Syrians for more than fifty years, during which it has committed the most horrific crimes, including arresting, torturing and killing tens of thousands, destroying cities, displacing their inhabitants, turning its ruler into a deity and manipulating just causes to preserve its existence and achieve its agendas.

The Syrian revolution is going through a difficult and painful labour, along with great sacrifices, which would strengthen the people’s will to build successful state institutions, erase the legacy of the toppled regime. Those who know nothing about the suffering of the Syrian people assume that they would be tolerant and forgiving but, on the contrary, this would make them eager on achieving justice at all levels and building a real justice system.

This is a revolution, not an election’s party in which power was seized by iron and fire, and for which great sacrifices were made. It is a historic turning point for the Syrian people who are moving towards a comprehensive change in the social, economic and political structure to build their desired state by adopting a strict accountability system, away from revenge, rage, hesitation or emotions.

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One of the measures of the revolutionaries, which has stunned us, is keeping the ministers of the toppled regime in their positions for a few days to manage the affairs of the institutions and prevent its collapse. Some people misunderstood this decision as tolerance for the past crimes, but the truth is the opposite. These people, with the Prime Minister to start with, will be subject to investigation, interrogation and accountability at any time. They are not entirely innocent, as some of them may have been involved in crimes or have evidence of others committing crimes that may be useful in prosecuting and holding them accountable.

All those who have served the toppled regime for decades must be subject to in-depth investigation to prevent their infiltration into the new state institutions under any circumstances, and to hold them accountable for what they have committed against their homeland and citizens. They cannot claim carrying out orders from the highest level, as the legitimacy of the order is not derived from its source but from the nature of the subject of the order. If it is in accordance with the law, then it would be legitimate, and if it is in violation of the law, then those who implemented the orders would be liable for implementing it.

Uprooting Al-Assad’s regime from its roots means getting rid of all the political facades that represent it, including parties, clubs, associations and institutions, all of which must be dissolved and confiscated as soon as possible.

The long-lived democracies that were formed following wars and revolutions dissolved the ruling parties, confiscated its properties and prevented their figures from participating in political life and brought them to exceptional trials, as happened with the Nazi Party. Likewise, the fate of Al-Baath Party and the formal political parties that the regime used to beautify its ugly image must be the same.

Rebuilding the security and military institutions which quickly collapsed with the escape of its leaders and members is an urgent matter. The Syrian people do not need a large number of security and military agencies to fight among themselves. They need a security apparatus to manage their affairs and ensure their safety and security, and a military institution that ensures their protection from any external threats.

Internal concerns are not more important than externals concerns, as the presence of the Syrian revolution and its representation in international forums is of great importance at this stage, which requires facing many forces that are attempting to impose their guardianship over the Syrian people, whether through politics or power, as the United States of America and its ally, Israel, are currently doing.

It must be emphasized that the UN resolutions issued against the former regime must not have any impact on the Syrian state and the Syrians. Should the United Nations be serious about pursuing the fugitive regime figures, it must work on arresting them, and work on recovering the looted wealth of the Syrian people, whether stolen or confiscated due to the imposed sanctions.

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Various international mechanisms can help achieve long-term justice for Syrians, and the International Criminal Court has been suggested as an option for carrying out the necessary investigations, prosecution and accountability, but this option is not feasible due to the procedures required for joining and determining the time frame for jurisdiction, which requires in-depth study, in addition to the slowness and inability of the Court to investigate the huge number of crimes committed since the Rome Statute entered into force in 2002.

Therefore, working to establish an Ad hoc international criminal tribunal to prosecute various crimes committed by the toppled regime seems to be a better option, even if it takes a long time.

The path of international justice is important, but it takes a long time for its approval, organisation and to start operating with it. Therefore, the national judiciary must have the leading role in prosecuting crimes as much as possible, whether in the presence of the perpetrators or in absentia. The International Criminal Police Organisation (INTERPOL) must also be urgently requested to issue red notices against fugitives, with the butcher, Bashar Al-Assad, at the top of the list.

The new authorities in Damascus must communicate with the Secretary-General of the United Nations and various international organisations explaining the new reality in Syria and explaining that they represent the Syrian people and their interests. They must start announcing their international positions, especially the need to cooperate in exposing and documenting the crimes committed by the toppled regime and prosecuting its figures, and rejecting Israeli attacks on Syrian territory.

It is also important to emphasize the unity of Syrian territory and end the control of parts of the country’s geography by well-known armed groups under the pretext of protecting the interests of a minority. Not only that, but it is also crucial to insist on driving foreign forces out, most notably the United States of America, which has plundered the country’s wealth for decades.

The various ruling systems in the Arab regime were displeased by what happened in Damascus, and they were frightened by the current situation in Syria. Timid statements were issued here and there, without a single serious move to extend a helping hand to the Syrian people at this sensitive stage, the least of which is responding to repeated appeals for help in uncovering and finding the secret prisons and mass graves. So imagine what the response would be to requesting assistance in the reconstruction and providing modern technology to public facilities to start working again.

The official Arab regimes cannot be relied upon for anything, as they have been watching the massacres committed by the regime and its allies for thirteen years without doing anything. Even the millions who were displaced from their homes were not welcome anywhere.

Some of these regimes which were forced to receive the Syrian refugees have put them in camps in barren deserts, where they received horrible treatment, thus forcing them to escape through the seas in dangerous mass migration journeys to Europe.

All the Syrians want is for these regimes to spare them their evilness and deceit. Repeating what happened in Egypt, Yemen, Tunisia and Sudan will not be beneficial, as the peoples who are suffering under the current dictatorships will be dealing with their tyrants, and soon they will unite their will and say their word. All the horrific actions committed by these tyrants in neighbouring countries will backfire on them, sooner or later.

As for the West and its allies, who created ISIS and exported extremists and Takfiris to Syria to demonise the Syrian revolution and justify controlling its capabilities and wealth and plundering it, those who have left Iran and its sectarian militias and the Russians to spread corruption, destruction, displacement and killing among the Syrian people; they must come to their senses and extend their hand to the new Syrian state as an equal state to them. Enough with pretending to combat terrorism. Keeping a major faction of the Syrian revolution on the terrorist lists to obstruct the path of transition which Syria is going through is a silly game.

All the calamities and the suffering that the Syrian people have been through will always stay alive in their memory, while charting a transitional phase to build their future state, and achieving the freedom, justice and equality they have longed for over decades. Undoubtedly, the Syrian people, with all their factions, have a strong will and a sharp vision to achieve what they aspire to.

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The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.