Transitional Justice in Syria: Pathways to Accountability
Transitional justice can be defined as a combination of judicial and non-judicial measures implemented during periods of political transition or post-conflict, aiming to address human rights violations and provide justice and reconciliation in societies that have experienced violent conflicts. In post-conflict settings, transitional justice is a critical tool for breaking the cycle of violence and impunity. It fosters trust in governmental institutions, restores the rule of law, and ensures victims’ dignity. By addressing past atrocities, transitional justice lays the groundwork for long-term peace and stability, sending a strong message that gross human rights violations will not go unpunished.
The Syrian Context
Following the fall of Bashar al-Assad’s regime on December 8, 2024, and his flight to Russia, new evidence and previously undisclosed atrocities emerged. These included secret prisons teeming with tens of thousands of political detainees. These revelations underscore the scale of violations endured by the Syrian people during years of conflict, emphasizing the urgent need for transitional justice to hold perpetrators accountable and restore dignity to victims.
The Global Importance of Accountability in Syria
Accountability for crimes committed during the Syrian conflict is not just a local issue, it concerns the international community as a whole. The regime’s downfall exposed the extent of abuses occurring in secret prisons, revealing atrocities against political detainees to the world. This substantial body of evidence presents a unique opportunity for the international community and the new Syrian authorities to demonstrate a genuine commitment to transitional justice. At the same time, it sends a powerful message globally that impunity will no longer be a viable option.
Mechanisms for Accountability in War Crimes and Crimes Against Humanity
Holding perpetrators accountable is a cornerstone of transitional justice. A variety of mechanisms exist to achieve this, ranging from international courts to national courts exercising universal jurisdiction.
- International Mechanisms: The International Criminal Court (ICC) is a key player in prosecuting individuals responsible for crimes such as genocide and war crimes. However, Syria is not a party to the Rome Statute, which limits the ICC’s jurisdiction unless referred by the UN Security Council—a process repeatedly blocked by veto power.
- Hybrid Mechanisms: Special courts, such as the Special Tribunal for Lebanon, combine international and domestic laws, offering a model that could be applied in Syria. Such courts could integrate Syrian legal traditions with international standards, addressing concerns about legitimacy and accessibility.
- Universal Jurisdiction: Local trials under universal jurisdiction have shown promise. A landmark example is the trial of Anwar Raslan and Eyad Al-Gharib in Germany, where they were prosecuted for crimes against humanity. This success underscores the viability of this approach alongside international or domestic courts.
Challenges to Transitional Justice in Syria
Despite progress in accountability mechanisms, significant challenges remain:
- Political and Social Divisions: Following Assad’s fall, achieving political consensus among diverse factions on the structure of the new government will be challenging.
- Weak Legal and Judicial Institutions: Years of conflict have devastated Syria’s legal and judicial systems. Rebuilding these institutions to ensure independence and integrity is a substantial hurdle, especially with a lack of trained legal professionals capable of handling accountability cases.
- Lack of Trust: Deep mistrust exists among Syria’s societal components, particularly due to crimes committed along sectarian or political lines. This mistrust complicates national reconciliation and transitional justice processes, as some fear the latter may become a tool for political revenge.
- Resource and International Support Deficits: Transitional justice requires substantial resources for investigations, courts, victim compensation, and judicial system rebuilding. Securing funding is a persistent challenge, especially if international interest wanes post-regime change.
- Balancing Retributive and Restorative Justice: Transitional justice combines punitive measures aimed at holding perpetrators accountable with restorative measures that heal communities. In Syria, debates over “peace versus justice” often arise, with some prioritizing state rebuilding and stability over immediate accountability, potentially delaying justice and frustrating victims.
- Dealing with Large Numbers of Victims and Perpetrators: The release of tens of thousands of detainees and the emergence of thousands of perpetrators create a significant burden on a future judicial system. Addressing this volume of cases requires a balanced approach to accountability without overwhelming the new system.
- Rehabilitation and Reintegration: Thousands of survivors need psychological, social, and economic rehabilitation to reintegrate into society.
Conclusion
Transitional justice is a cornerstone for achieving lasting stability in Syria. It is not only a means to address the suffering caused by the conflict but also a fundamental element of sustainable peacebuilding. Despite political and logistical challenges, continued efforts toward accountability and justice require collective action from the international community, national governments, and civil society organizations. By integrating punitive and restorative justice measures and ensuring victim participation, Syria can embark on a long journey toward recovery and reconciliation.
Read the article in Arabic here
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.