The end of former President Bashar Assad’s rule marks a significant shift in Syria, but the question remains: will he be held accountable for his alleged human rights abuses? Under his regime, more than 15,000 people have been tortured to death since the civil war began in 2011. The Syrian Network for Human Rights blames the Syrian military for 98% of these crimes.
The most obvious court to address Assad’s crimes would be the International Criminal Court (ICC) in The Hague. However, neither Syria nor Russia, to which Assad has fled, are state parties to the ICC. While a new Syrian government could declare its accession to the ICC statute and submit to jurisdiction retroactively, Russia is unlikely to hand Assad over to the court.
Instead, human rights experts believe that justice will be pursued within Syria itself. HTS leader Abu Mohammed al-Golani has announced plans to compile a list of former officers involved in torture and bring them to justice. To do so, it would be advisable to include definitions for crimes against humanity and war crimes in the Syrian penal code.
International assistance could play a crucial role in securing evidence and ensuring that trials are conducted professionally. Initiatives like the “International, Impartial and Independent Mechanism” have already collected details on suspected crimes in Syria and made them available to courts. Trials abroad, such as those in Germany and France, have also taken place for crimes committed in Syria.
As human rights expert Patrick Kroker notes, the situation has changed with new access to evidence and suspected perpetrators, suggesting an international initiative to convince Syria’s new government to allow support from experts from abroad.
Source: https://www.dw.com/en/how-syria-might-prosecute-assad/a-71058694