A Year After the ICJ Ruling: Has Syria Complied with the Convention Against Torture?
On November 20, 2024, Human Rights Watch released a report highlighting Syria’s failure to comply with the provisional measures imposed by the International Court of Justice (ICJ) a year earlier. These measures are part of a legal case brought by the Netherlands and Canada against the Syrian government, accusing it of violating its obligations under the Convention Against Torture, which Syria ratified in 2004. Despite the ICJ’s interim ruling, international reports indicate that violations persist.
Provisional Measures in Detail
On November 16, 2023, the ICJ ordered Syria to implement three key steps:
- Immediately halt all acts of torture.
- Refrain from retaliating against individuals reporting violations.
- Preserve evidence related to allegations of torture.
However, according to Human Rights Watch and the UN Independent International Commission of Inquiry on Syria, these measures have not been enforced, leaving thousands of Syrians vulnerable to further abuses.
Documented Violations
The latest report underscores ongoing, systematic abuses against detainees in Syria:
- Systematic Torture: The Syrian Network for Human Rights documented 43 deaths due to torture between November 2023 and August 2024.
- Enforced Disappearances: Thousands remain missing since the onset of the Syrian conflict.
- Inhumane Detention Conditions: UN reports reveal horrific detention conditions, sometimes leading to deaths under torture.
- Legislative Obstacles: Concerns have been raised about Syria’s disbanding of military field courts, which may be an attempt to destroy incriminating evidence.
Syria’s Obligations Under the Convention Against Torture
The Convention Against Torture, ratified by Syria on August 19, 2004, is a cornerstone of international law requiring states to:
- Criminalize torture and prosecute perpetrators.
- Provide training to law enforcement to prevent torture.
- Investigate torture allegations and offer remedies to victims.
However, Syria’s ratification was accompanied by two significant declarations:
- Rejection of the authority of the Committee Against Torture under Article 20, which allows investigations into systematic torture.
- Non-recognition of Israel under the treaty framework.
Syria’s ratification coincided with negotiations for its accession to the Euro-Mediterranean Partnership, raising questions about the government’s genuine commitment to the convention versus its political motivations.
The ICJ Case: Legal Pathway
The Netherlands initiated legal action in 2020, with Canada joining later, marking an unprecedented effort to hold a state accountable under the Convention Against Torture. The case has progressed through several phases:
- Negotiation (2020-2022): Diplomatic exchanges failed as Syria denied all allegations.
- Arbitration (November 2022): Arbitration efforts stalled due to Syria’s refusal to participate.
- ICJ Referral (June 2023): The case was formally brought before the ICJ, citing Syria’s treaty violations.
Global Significance
This case has far-reaching implications:
- Strengthening Accountability: It could set a legal precedent for holding states accountable for systematic human rights violations.
- Advancing International Law: The case underscores the ICJ’s role in resolving treaty-related disputes.
- Impact on the Syrian Conflict: A favorable ruling may offer hope to victims and encourage other states to pursue legal accountability.
Challenges and Future Steps
As Canada and the Netherlands prepare their written submissions, due on February 3, 2025, the primary challenge remains ensuring Syria’s compliance with ICJ orders. Experts call for robust international actions, including:
- Pressuring Syria to implement the provisional measures.
- Supporting survivors of torture and victims’ families in their pursuit of justice.
- Opposing the forced return of Syrian refugees to a country where risks persist.
The ICJ case against Syria is one of the most complex legal battles in the context of the Syrian conflict, representing a significant step toward justice and accountability. As the deadline for written submissions approaches, international pressure remains critical to compel Syria to comply with the court’s orders, provide redress for victims, and uphold the core principles of human rights globally.
This case serves as a litmus test for the international legal system’s ability to address grave human rights violations and hold states accountable. While the ICJ focuses on state responsibility, European courts continue to prosecute Syrian officials under universal jurisdiction, ensuring that crimes against humanity do not go unpunished.
The combined efforts of international and regional courts offer tangible hope to victims and send a clear message that atrocities will not be met with impunity.
Ibraheem Jabr is a seasoned legal professional with extensive expertise in international law, human rights, and commercial legal support. Based in Eindhoven, Netherlands,Ibraheem is the Founder and Legal Counsel at Legal Bridge, where they provide expert legal advice to EU-based government agencies and law firms navigating the complex legal landscape of the Middle East and North Africa (MENA) region.