Post- Assad Syria
Achieving Justice and Establishing the Rule of Law
January 2025
Introduction
Syria is undergoing a critical transitional phase after the fall of the Assad regime—a period fraught with challenges and open to all possibilities. The future of the country depends on the policies of its new leaders, the stances of regional actors, and the direction of the international community. To ensure stability and avoid descending into chaos, it is essential to take all necessary measures to deliver justice to victims of violations and establish the rule of law.
Failing to follow a legal course could lead to the collapse of security and military institutions, potentially exacerbating internal conflicts and posing a real threat to the unity and stability of the country. Under such circumstances, transitional authorities may find themselves in a weak position, making governance a complex and arduous task.
Thus, stability cannot be achieved without enforcing the rule of law and implementing transitional justice. Justice is not merely a tool to address past violations but a cornerstone for building trust by holding perpetrators accountable through fair trials and preventing calls for vengeance from becoming reality. Ensuring accountability and compensating victims strengthens the legitimacy of transitional authorities and prevents a return to cycles of violence. Therefore, establishing the rule of law must be a top priority during the transitional phase to build a modern state founded on equality and rights.
Justice cannot be achieved through chaos, nor by allowing victims to seek personal revenge against those who violated their rights. Such actions would not bring justice but would generate more disorder and counter-violence, squandering an opportunity for Syria to establish a state where citizens feel safe and where their rights are protected by the law. Only through legal channels can perpetrators of crimes and violations be prosecuted—this is the true path to justice.
In pursuing justice, evidence and documents must be handled with the utmost responsibility, as they will form the basis for the judicial procedures required to hold perpetrators accountable and provide redress to victims. However, the release of prisoners from detention centres, particularly from Saydnaya prison, and the handling of related documents have reflected a lack of responsible action in such cases.
Geneva International Centre for Justice proposes essential steps to establish the rule of law in Syria's next phase, laying the groundwork to activate the judicial system and enhance its independence to achieve the justice awaited by the Syrian people after decades of sacrifice.
Background
8 December 2024, marked a pivotal day in Syria's history—the fall of the Assad family regime, which had ruled Syria for over 54 years, following the escape of President Bashar al-Assad from the country. The world was quickly exposed to the scale of crimes and violations committed by the regime against the Syrian people, with images and videos from Saydnaya prison serving as a stark example of what transpired in most of the country's prisons.
Syria has witnessed widespread human rights violations over the past decades, ranging from political repression, discrimination, arbitrary detention, , and the excessive use of violence against civilians—especially after uprisings against the regime erupted in 2011. While this report does not aim to document all these violations, it is necessary to recall some of them.
The period of Hafez al-Assad's rule (1970–2000) was marked by mass political detentions, where thousands of political dissidents were imprisoned under harsh conditions in facilities like Tadmor prison. His regime carried out sectarian crackdowns, such as the 1982 Hama massacre, which resulted in tens of thousands of civilian deaths. Many opposition members were forced into exile under the persistent threat of state persecution.
The authorities during this period engaged in severe forms of torture and degrading treatment against political detainees and prisoners of conscience. Public freedoms were severely curtailed under a state of emergency that lasted decades. The regime also committed acts of enforced disappearance, with thousands of activists and dissidents vanishing without trace.
Bashar al-Assad continued his father's methods during his reign (2000–2024), despite initially pledging in his inaugural speech (17 July 2000) to embrace positive reforms and build a democratic state that respects human rights. This promise was short-lived, as campaigns of repression against political activists and journalists increased within mere months. Freedoms were restricted, freedom of expression was suppressed, political parties were banned, and civil society organisations faced tight controls.
The violations escalated after the widespread protests against the regime in 2011. The regime committed crimes against humanity and war crimes, including indiscriminate bombings, the use of heavy weaponry, and airstrikes on densely populated areas, leading to the deaths of hundreds of thousands of civilians. International organisations documented the regime's use of chemical weapons, including sarin gas, in attacks such as the 2013 Ghouta incident. Arbitrary arrests and extensive torture became widespread during this period, with civil society organisations documenting systematic abuse in detention centres. The "Caesar Report" revealed images of thousands of detainees who died under torture.
The regime's military campaigns against Syrian cities led to massive displacement, forcing millions of Syrians to flee internally or emigrate, creating one of the largest refugee crises in the world. Documented crimes included targeting civilian infrastructure such as hospitals, schools, and markets—violating international humanitarian law which governs internal armed conflicts.
Armed groups and militias of various affiliations also committed serious violations amounting to war crimes and crimes against humanity, including torture, mass executions, child recruitment, and attacks on religious and ethnic communities. Perpetrators from these groups must also be held accountable.
Challenges Facing Syria’s New Authorities
The new authorities in Syria face enormous challenges, including:
A. Building Institutions:
Establishing state institutions capable of maintaining security and ensuring justice is a primary challenge for countries in transition. This requires restructuring security and judicial bodies, removing officials implicated in serious crimes and violations, and training new personnel in human rights and the rule of law.
B. Establishing the Rule of Law:
This involves enacting new laws to promote accountability and transparency, ending the impunity enjoyed by perpetrators of violations during the Assad regime. An oversight body must also be established to monitor law enforcement.
C. Addressing Economic and Social Damages:
The armed conflict has caused extensive economic damage, with major cities nearly destroyed and infrastructure across much of Syria devastated. Decades of division and strife have also left deep social scars, necessitating serious efforts to address their impact on societal peace. Achieving stability in Syria will require sustained local and international efforts to fulfil the Syrian people's aspirations for a life of peace, dignity, and security.
Transitional Justice as a Framework
In the pursuit of justice after Syria's political transformation, transitional justice provides an appropriate legal framework to address the legacy of human rights abuses and atrocities committed over the decades. Establishing an effective transitional justice system to hold perpetrators accountable requires a comprehensive, multi-faceted approach to ensure victims’ redress and prevent future violations. Proposed measures include:
1. Establishing an Independent Transitional Justice Commission:
This commission would investigate crimes committed during the conflict and develop a comprehensive plan for transitional justice in coordination with relevant institutions and stakeholders. It should include impartial judges, lawyers, and human rights experts to ensure integrity. Victims and civil society organisations must also be involved in the commission’s work and decisions, ensuring transparency in its processes.
2. Creating Truth Commissions:
These would document violations, collect victim testimonies, and clarify the facts surrounding the atrocities. Truth commissions can organise public hearings to share survivors’ accounts, enhancing the documentation of violations and fostering social reconciliation. Notable examples include South Africa’s Truth and Reconciliation Commission.
3. Ensuring Reparative Justice:
This includes providing financial or moral compensation to victims and their families based on the harm they suffered. Compensation could involve monetary payments or monthly stipends, as well as moral reparations such as official apologies. Establishing national or international support funds may help facilitate victim compensation.
The Importance of Accurate Documentation
It is imperative to initiate a precise documentation process, as accurate documentation ensures that perpetrators do not escape justice, preserves historical records, and raises awareness about the committed crimes. This process requires the establishment of national centres for crime documentation and the systematic preservation of evidence to ensure its use in judicial proceedings and trials.
In this context, reliance on modern techniques, such as photos and videos, is essential, including the use of advanced imaging technologies to analyse crime scenes, and collecting and analysing survivors' testimonies with scientific tools to ensure their reliability. A priority must be set to recover documents and evidence seized from prisons, detention centres, and State institutions.
The chaos that accompanied the opening of prison gates and the release of detainees led to the loss of many documents and pieces of evidence that will be crucial for judicial processes. GICJ believes that recovering these is of utmost importance and should constitute a top priority.
Additionally, forensic tools will be essential in analysing mass graves and identifying victims. Specialised laboratories for DNA testing will also be critical. It is crucial to emphasise the responsibility of safeguarding mass graves from tampering and ensuring they are opened only by official and specialised committees. The process can involve victims’ families and both Syrian and international non-governmental organisations while strictly prohibiting any individual actions in this regard.
Accountability
Holding Perpetrators Accountable
Once the collection of facts and documentation is complete, the trials phase begins. No one should be convicted or sentenced without a specialised court formed in accordance with the law, ensuring fair trials with all essential judicial safeguards in place. Trials should serve as a genuine mechanism to achieve justice and bring an end to the culture of impunity that has prevailed over decades, avoiding retaliatory (mock) courts.
These trials must adhere to international standards, including:
- Ensuring defendants have the right to legal defence, either by appointing lawyers of their choice or with the court's assistance if necessary.
- Prohibiting the extraction of confessions through coercion or torture.
- Conducting public trials whenever possible.
To carry out trials within the national judicial system, there may be a need to establish special national courts to prosecute those responsible for major crimes such as war crimes and crimes against humanity or to prosecute them in existing courts.
A critical issue in this context is guaranteeing the independence of the judiciary and preventing interference by the executive branch in the judicial process. Amendments to some laws may also be necessary to align them with international laws, such as the Geneva Conventions, to ensure fair trials. Moreover, adequate protection must be provided to witnesses and judges to shield them from threats or intimidation.
In certain cases, it may be necessary to resort to international courts, such as the International Criminal Court (ICC), to prosecute individuals involved in serious international crimes. Universal jurisdiction mechanisms can also be utilised in countries that apply them, especially in European nations, to prosecute accused individuals residing there if they cannot be tried in Syrian national courts.
Restorative Justice and Reintegration
Justice cannot be fully achieved without providing psychological and social support to victims and their families. It is crucial to rehabilitate former detainees and those affected by torture and the devastations of war. Programs must be developed to rehabilitate and reintegrate individuals forced into conflict under coercive circumstances, including child soldiers.
This includes designing awareness programs for children to prevent their transformation into future threats. Specialised centres for trauma treatment for survivors must be established, alongside launching educational and vocational programs to reintegrate those affected into society.
Fair Accountability
To achieve comprehensive justice, accountability must encompass all parties involved in serious violations. Justice should be inclusive, addressing crimes committed by the regime, opposition forces, and armed groups, ensuring that no one is above the law. Avoiding retaliation is crucial, and society must be made aware that justice is a legal requirement, not a tool for personal revenge.
Here, civil society and social leaders play a vital role in raising awareness and protecting society from tendencies toward revenge.
Supporting Social Stability
Efforts to stabilise society will significantly impact the pursuit of justice in Syria. This includes initiating a comprehensive national dialogue that involves all components of Syrian society and implementing measures to heal social wounds, such as holding symbolic ceremonies to honour victims or establishing memorials.
It is equally important to incorporate human rights and citizenship principles into educational curricula, organise workshops and training sessions to promote collective accountability efforts, and utilise media to spread awareness about transitional justice. All of this will help engage local communities in efforts to achieve justice for all victims of violations.
The Role of the International Community
The international community cannot be overlooked in Syria's reconstruction phase. Key international bodies, such as the United Nations Security Council, the Human Rights Council, and regional organisations like the European Union and the Arab League, can provide technical and financial support to establish justice institutions capable of ensuring fair trials and aiding in the prosecution of violators.
Syrian entities may require international technical assistance to open mass graves and examine remains to identify victims. The committees formed by the United Nations over the years regarding the Syrian situation, such as the International, Impartial, and Independent Mechanism (IIIM) established by the UN General Assembly in December 2016, can play a supportive role in investigating and prosecuting individuals responsible for the most serious crimes under international law since March 2011.
The Independent International Commission of Inquiry on Syria, established by the Human Rights Council in August 2011 to investigate alleged violations of international human rights law since March 2011, will also be instrumental. These committees are expected to complement Syrian efforts.
The international community should also support lifting sanctions imposed under UN Security Council resolutions and facilitate the unfreezing of Syrian funds. Providing comprehensive support to the Syrian people during their new journey is essential.
Learning from Other Countries
Lessons from other countries, both within the region and beyond, can offer valuable insights into achieving justice and reconciliation in Syria. While every case is shaped by its own unique circumstances, and transitional justice must be tailored to the Syrian context, there is much to learn from the experiences of others. These examples, whether marked by success or hindered by challenges, provide important lessons for the journey ahead.
In this regard, South Africa’s Truth and Reconciliation Commission (TRC) stands out as one of the most significant examples of transitional justice globally. Following decades of apartheid, during which systemic violations were inflicted on the country’s Black majority, the TRC was established in 1994 under the leadership of Archbishop Desmond Tutu. A defining feature of this approach was the public hearings where both victims and perpetrators shared their testimonies. The process prioritised uncovering the truth, seeking to strike a delicate balance between justice and reconciliation, ultimately fostering stability in post-apartheid South Africa.
Conclusion
Achieving justice and upholding the rule of law in Syria demands coordinated efforts both locally and internationally to tackle the immense challenges faced by a nation that has endured decades of hardship. Transitional justice must go beyond addressing past grievances; it should lay the groundwork for a stable future rooted in respect for human rights and the rule of law. Without these essential steps, Syria risks ongoing instability and forfeiting the chance to build a modern, resilient state.
The Geneva International Centre for Justice (GICJ) believes that it is essential to maintain a balance between achieving justice and ensuring community security. While excessive tolerance may lead to impunity for perpetrators, excessive use of criminal justice may turn it into a tool for revenge against people affiliated with the regime who did not themselves commit human rights violations against the Syrian people or were not complicit in those violations. This will undoubtedly increase divisions within society and may result in new victims.
Syria holds immense potential across various sectors, but it cannot rise above the challenges it has faced without a committed and unified effort from the international community. This support must encompass political, economic, and technical assistance, alongside efforts to foster peace and respect for the nation's sovereignty by avoiding interference in its internal affairs.
