Human rights experts are hopeful that Bashar al-Assad and regime officials could face prosecution for their crimes, despite legal and political barriers. Evidence of atrocities committed by the regime, including mass graveyards and prisons, have sparked international calls for accountability. The International Criminal Court does not have jurisdiction over Syria, but trials in criminal courts within or outside the country could be an option for holding individuals accountable. The new de facto leaders of Syria will need to ensure that any criminal proceedings meet international standards and guarantee the safety of witnesses and victims.
The rebel group Hayat Tahrir al-Sham has vowed to pursue regime henchmen and called for justice, but it is unlikely that al-Assad will be extradited for trial. However, experts believe that changes in geopolitical conditions could lead to accountability for high-level regime officials. Calls are being made for international collaboration and preservation of evidence to ensure that individuals responsible for crimes against humanity, war crimes, and torture are held accountable. Universal jurisdiction allows for non-Syrian courts to prosecute Syrians for these crimes, and cases have already been filed in several countries resulting in successful charges.
The first international trial on torture in Syria took place in a German court in 2020, resulting in one former official being found guilty of crimes against humanity. International arrest warrants have been issued by a French court against Bashar al-Assad and others over chemical weapon attacks. The European Center for Constitutional and Human Rights emphasizes the importance of preserving evidence and ensuring that any justice processes are led by Syrians. The UN’s International, Impartial and Independent Mechanism is working to collect and preserve evidence for use in criminal proceedings.
Over the past 54 years, Bashar al-Assad and his father have been accused of torture, rape, mass executions, enforced disappearances, and chemical attacks. The Syrian Network for Human Rights estimates at least 15,000 Syrians have been tortured to death since the civil war began in 2011. Legal and political obstacles, such as the lack of jurisdiction for the International Criminal Court, make the path to accountability challenging. The involvement of Russia, China, and other countries with vested interests in protecting al-Assad further complicates the pursuit of justice.
Despite these challenges, human rights organizations are urging Syria’s new leadership to commit to justice and accountability, including potentially granting jurisdiction to the ICC. The preservation of evidence and cooperation with international mechanisms will be crucial in holding individuals responsible for the atrocities committed. Trials in criminal courts within or outside Syria could be a more practical option in the current political climate, although ensuring fair trial standards and safety for witnesses and victims will be paramount. As the situation in Syria continues to evolve, the possibility of accountability for al-Assad and regime officials remains a hope for human rights advocates.
