Beyond Accountability: How Justice Can Help Heal Syria After Decades of Oppression – JURIST – Commentary

The author, a former UN chief prosecutor, argues that Syrians deserve justice after a half century of oppression, and that to this end, the international community must patiently support Syrian-led initiatives rather than imposing external solutions…

The ongoing humanitarian and political crises in Syria encapsulate decades of repression, violence, and civil unrest. After over fifty years of authoritarian rule, culminating in the brutal civil war, the call for justice has gained paramount significance among the Syrian populace. Justice is not a mere legalistic necessity; it is a foundation upon which lasting peace and stability can be built. For the people of Syria, achieving justice is intertwined with their struggle for dignity, accountability, and a sense of normalcy, especially in the aftermath of immense suffering. The international community can play a vital role in this process, but it must approach the situation with patience, understanding, and a commitment to supporting the autonomous wishes of the Syrian people.

The Context of Oppression

Since the Ba’ath Party came to power in the 1960s, Syria has endured systemic oppression under the Assad regime. This has manifested in various forms, including mass arrests, torture, and the suppression of dissent. The outbreak of civil war in 2011 exacerbated these issues, leading to widespread atrocities committed against civilians by both state and non-state actors. As a result, a deep demand for accountability has emerged among the Syrian people—a call that cannot be ignored if the nation hopes to rebuild itself and prevent history from repeating.

Justice: A Path to Healing

Justice serves multiple roles in post-conflict societies: it acknowledges the suffering of victims, holds perpetrators accountable, and deters future violations. For Syria, justice represents the possibility of healing for communities shattered by violence. While discussions around justice often focus on punitive measures, it is equally essential to consider restorative dimensions that can reintegrate communities and foster reconciliation.

However, achieving justice in Syria is not straightforward. The complexities of existing power dynamics, the role of international actors, and the need for credible legal frameworks must all be navigated carefully. This is where the patience and astute involvement of the international community become crucial.

Options for Justice

As Syria gradually shifts its focus to rebuilding and infrastructure following the lifting of US sanctions, discussions around justice are also beginning to take shape. The Syrian people are presented with various options for legal recourse that have emerged in conversations about their future:

International Courts: The establishment of international courts, such as the International Criminal Court (ICC), could offer a venue for prosecutions against human rights abuses. However, the path to this option may be inhibited by political complexities and the lack of universal jurisdiction.
Regional Courts: Regional collaborations could also provide mechanisms for addressing Syrian grievances. Strengthening regional partnerships may enable collective legal frameworks that reflect the unique context of the Middle East.
Domestic Criminal Courts: Many Syrians express a desire to establish domestic courts capable of prosecuting Bashar al-Assad and his close associates. This option resonates deeply with the population, as it embodies a sense of ownership over the justice process—a critical factor in any post-conflict resolution.

Achieving this last option would require robust support from the international community to ensure that the domestic courts are equipped with the necessary infrastructure, legal expertise, and impartiality. Such assistance is crucial for instilling public confidence in the judicial system, which remains fraught with skepticism given past experiences.

The Roles of Patience and Support

Transitioning to a state of justice and reconciliation will take time. The Syrian people are still grappling with immediate needs—electricity, sanitation, education, and security. International support for rebuilding infrastructure is essential, but it must be accompanied by a commitment to an equitable justice process. This dual focus can help shift the landscape from one of despair and chaos to one of hope and renewal.

The international community must respect the sentiments of the Syrian people—their aspirations, fears, and desires for autonomy in choosing how justice is dispensed. Acknowledging their agency is vital for ensuring that any judicial mechanisms put in place resonate with the public’s expectations and narratives. Patience is not just a matter of time—it is an act of respect for the complexities involved and the realities of a society that has endured immense turmoil.

Justice for the people of Syria transcends mere accountability for past atrocities; it is about restoring dignity and paving the way for a future marked by peace, security, and resilience. The international community’s role in this process must be characterized by patience, a supportive posture toward domestic initiatives, and a commitment to help Syrians navigate their own pathways toward justice. As focus turns from conflict to rebuilding, the careful consideration of justice options—whether through international, regional, or domestic courts—takes precedence. Ultimately, ensuring that Syrians can shape their own narrative of justice will be indispensable for achieving lasting peace.

David M. Crane is the Founding Chief Prosecutor for the UN Special Court for Sierra Leone; He has been working on justice for Syria since 2011 and is the Co-Author of the world famous Caesar Report.