14 November 2023
The first ever legal proceedings on torture by the Syrian regime at the International Court of Justice in the Hague have officially started, with the first round of hearings taking place on 10 October. While the regime did not attend the hearings, families of the victims and Syrian civil society are positive that this case is a very important step towards justice.
Background
In June 2023, the Netherlands and Canada jointly submitted an application to initiate legal proceedings against Syria at the International Court of Justice (ICJ) concerning allegations of torture. The inaugural round of oral hearings in this case was initially scheduled to take place in July, but was later postponed to 10 and 11 October, at the request of the Syrian regime.
The regime, however, did not attend, as the first hearing was held on 10 October. In conjunction with their Application, Canada and the Netherlands submitted a formal request for the indication of provisional measures. These function as an interim directive, effectively compelling the offending party to cease the contested activity, specifically acts of torture in this case, until the court issues a verdict. Canada and the Netherlands have sought these measures as a response to the substantial concerns that torture and other forms of cruel, inhumane, and degrading treatment and punishment may persist without interruption in Syria, even throughout the duration of the proceedings before the Court.
The significance of the case to survivors and families of the victims
On 11 October, Syrian victim associations, involving families of victims as well as survivors, together with the Syrian Legal Development Program (SLDP), organised a side event in the Hague as a reaction to the first round of hearings. The panel, consisting of Mariam Al-Hallak of the Caesar Families Association, Ahmad Helmi of Taafi Initiative and Thuraya Hejazi of Release Me, reflected on the case and highlighted its importance to them as victim associations.
According to the panelists, one of the main positives of this case is that, for the first time the regime itself, rather than individuals, is brought before one of the highest courts in the world.
“The initiative is very important to us Syrians, especially families of the victims. Its importance, to me, is that it’s the first time a legal case is brought up against the Syrian regime itself. Even if we know it will probably not result in a major change on the ground, it is very important that the case was brought up and the hearings happened.” – Mariam Al-Hallak, Caesar Families Association
After years of dedicated work and campaigning, Syrian survivors and victim associations are finally at the forefront. The request for the indication of the provisional measures by the Netherlands and Canada built on the documentation and the research work led by Syrian civil society, which highlights their central role in this case.
“Provisional measures are important, especially when they come at the beginning of the case. As a survivor, I know that even the tiniest improvements in detention can save lives. These measures will be a crucial tool for us to urge everyone to improve the situation in Syria’s prisons, even if it’s a little improvement. As Syrian victim and survivor associations and civil society, we advised the Netherlands and Canada on the provisional measures that would best suit the Syrian context and benefit Syrians.” – Ahmad Helmi, Taafi Initiative
The panelists also highlighted the positive impact such a case would have on the Syrian society as a whole:
“The importance of this case goes beyond the courtroom. We saw solidarity demonstrations across Syria in Idlib, Atareb, Azaz and Sweida. It shows Syrians’ desire for justice and accountability.” – Ahmad Helmi, Taafi Initiative
“This case can also present a framework for families of victims where revenge is not the solution. As of now, many families feel like justice does not exist and that revenge is the only possibility to punish perpetrators. We do not want revenge. We want justice.” – Mariam Al-Hallak, Caesar Families Association
Thuraya Hejazi of Release Me, a Syrian feminist initiative that mainly focuses on female detainees and torture survivors in Syria, added that such a case taking place at the ICJ can elevate the voices of female victims who may struggle telling their own stories.
“Many Syrian women who survived torture in Syria may not be able to talk about everything they went through, due to societal pressure. This case today can be considered an emotional support to those women because now there is someone speaking for them and someone talking about the atrocities of the regime against women in prisons.” – Thuraya Hejazi, Release Me
On the regime’s absence from the hearings, the panelists agreed that the absence did not come as a surprise.
“The regime’s absence did not surprise us. We know how the regime behaves. I really hoped I could be inside the courtroom and that the regime was there. I would have asked about my son’s photo. Assad claimed Caesar photos were fabricated with Photoshop. I would have asked: this is my son. You took him from his university and he died under torture five days later. I am his mother and this is his photo. Is this Photoshop?” – Mariam Al-Hallak, Caesar Families Association
ICJ decisions are binding, but have enforcement limits. If Syria doesn’t follow them, Canada and the Netherlands can ask the UN Security Council for help, but this might not work due to Russia and China’s vetoes, as in previous attempts. Nevertheless, an ICJ ruling against Syria can support future investigations and signal international commitment to holding the Syrian regime accountable for its crimes since 2011.
Despite the Security Council’s gridlock on an ICC referral for Syria, the UN General Assembly has taken innovative steps to support accountability and justice. Most recently on 29 June, 2023, and after years of victim and survivor-led advocacy by Syrian civil society, the General Assembly adopted a historic resolution, to establish a mechanism for finding missing persons in Syria. Impunity Watch has provided support to the victim associations throughout the journey.
Speaking of journeys, the panelists all agreed at the end of the event that, while this case is very important, it is still the first step in a long journey towards justice, with much more work to be done.
“This is just the first step. It is going to be a long way towards justice, but with this step, we make sure that there is a process in place.” – Thuraya Hejazi, Release Me
At Impunity Watch, we support Syrian victim associations and civil society in their struggle for truth and justice. Read more about our work on Syria here.