The State of Justice Syria 2020 - Syria Justice & Accountability
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The State of Justice
Syria 2020
The State of Justice
Syria 2020
Syria Justice and Accountability Centre (SJAC)
March 2020
About the Syria Justice and Accountability Centre The Syria Justice and Accountability Centre (SJAC) strives to prevent impunity, promote redress, and facilitate principled reform. SJAC works to ensure that human rights violations in Syria are comprehensively documented and preserved for use in transitional justice and peace-building. SJAC collects documentation of violations from all available sources, stores it in a secure database, catalogues it according to human rights standards, and analyzes it using legal expertise and big data methodologies. SJAC also supports documenters inside Syria, providing them with resources and technical guidance, and coordinates with other actors working toward similar aims: a Syria defined by justice, respect for human rights, and rule of law. Learn more at SyriaAccountability.org The State of Justice in Syria, 2020 March 2020, Washington, D.C. Material from this publication may be reproduced for teach- ing or other non-commercial purposes, with appropriate attribution. No part of it may be reproduced in any form for commercial purposes without the prior express permission of the copyright holders. Cover Photo — A family flees from ongoing violence in Idlib, Northwest Syria. (C) Lens Young Dimashqi
TABLE OF CONTENTS
Executive Summary 2
Introduction 4
Major Violations 7
Targeting of Hospitals and Schools 8
Detainees and Missing Persons 8
Violations in Reconciled Areas 9
Property Rights Violations 11
Forced Returns 12
Justice Efforts 13
Universal Jurisdiction 14
Prosecuting ISIS 16
United Nations Efforts 18
Economic Sanctions 19
Open-Source Documentation 21
Field Documentation 22
Exhuming Graves in NE Syria 23
Victims and Families Activism 24
Recommendations 26
Annex I: Universal Jurisdiction Cases 30
Annex II: Acronyms 37
Annex III: Footnotes 38
Syria Justice and Accountability Centre | 1
(c) Lens Young Dimashqi
Executive Summar y
2 | State of Justice 2020
Executive Summary
The “State of Justice in Syria, 2020” is a report by the Syria Justice and Accountability Centre, which aims
to keep the Syrian and international communities informed and engaged on justice efforts, highlight key
violations that have occurred in 2019, and map justice efforts taken through the United Nations, universal
jurisdiction, violations documentation, and other paths to justice. After nine years of violence, efforts to
bring perpetrators to justice have just begun. This report highlights the following developments:
• Special War Crimes Units in Europe continue by the EU and US further tightened restrictions.
to pursue cases involving those responsible for Sanctions have contributed to an economic crisis
atrocity crimes in Syria, helping to fill a judicial in Syria, with the Syrian pound losing more than
vacuum left by the international community. 50% of its value in 2019. With limited evidence
A significant development in 2019 was the that such widespread sanctions achieve their
confirmation of charges in the case of Anwar R. intended policy objectives, their impact on the
and Eyad A. The trial will be the first against high- lives of Syrian civilians is of significant concern.
level Syrian government officials and could be
significant in shedding light on systems of abuse. • Syrian groups are facing growing challenges
in their efforts to document violations.
• The international community has failed to provide As the government continues to reclaim
a coordinated response to administer justice for territory, conducting interviews and obtaining
tens of thousands of captured ISIS fighters and documentation within Syria is becoming
their families. With the judiciary system under increasingly dangerous. For Syrian groups seeking
severe strain in Northeast Syria, foreign states to preserve digital evidence from social media,
must repatriate their nationals for prosecution or automated removals by Facebook and YouTube
to serve out their sentences. continue to erase important evidence of violations
in the Syrian conflict.
• ISIS prosecutions in Syria and Iraq currently fail
to meet international standards. There should be • In Northeast Syria, mass graves containing
support for the judicial system in Northeast Syria, thousands of bodies, have been discovered in
and an international monitoring mechanism areas formally under ISIS rule. The local First
should be established to ensure that perpetrators Responders’ Team (FRT) working to exhume
of serious crimes face justice, while due process these graves lacks sufficient resources and
and fair sentences are administered. expertise to preserve evidence and identify
missing persons. SJAC is currently providing
• The United Nations approved full annual training to the FRT and families of the missing,
funding for the International, Impartial and but more support and resources are needed for
Independent Mechanism, established to assist exhumations and missing persons programs
in investigations and prosecutions of the most across Syria.
serious crimes committed in the Syrian conflict.
With full funding secured, the IIIM should focus • Syrian victims and their families continue to
its efforts on building cases against government develop their capacities while taking a leading
and organizational leaders, as these cases require role in justice processes. In 2019, families of
significant time and resources. the missing and former detainees brought the
issue of missing persons and detainees to the
• The sanctions regime continues to preclude top of the agenda, protesting before the Brussels
most business activities from US and European III conference and briefing the United Nations
companies in Syria. In 2019, new sanctions passed Security Council on the issue.
Syria Justice and Accountability Centre | 3
(c) Lens Young Dimashqi
Introduction
4 | State of Justice 2020
Introduction
In 2019, Syrians continued to suffer in Northwest reports have highlighted the government’s use of
Syria, with more than 1,500 killed and hundreds reconstruction and reconciliation frameworks to
of thousands displaced since the Syrian military punish opponents, stifle dissent, and continue its
began its latest offensive to retake the last opposition repressive rule.4
stronghold in April.1 In a cynical strategy to crush
hope and resistance, Syrian and Russian forces Meanwhile, Syrians abroad felt growing economic
have deliberately targeted hospitals and schools, and political pressures. Fueled by domestic
destroying 41 medical facilities and more than 70 economic woes and the false narrative that Syria
schools between April and November.2 The strategy has stabilized, anti-Syrian sentiments in Lebanon
has sparked outrage but limited action from the and Turkey were stoked, leading to new policies
international community. With the border to Turkey that have resulted in the forced deportation of
now closed, civilians in Idlib are helplessly trapped thousands of Syrians in violation of the principle of
under the government’s onslaught. non-refoulement. The notion of safe returns has also
reached Europe, where recent decisions by Danish
In Northeast Syria, the territorial defeat of the and Swedish authorities have deemed some areas
Islamic State (ISIS) by the Syrian Democratic Forces of Syria safe, risking a dangerous precedent for
(SDF) and the international coalition in March deportations and denial of asylum claims.
brought a temporary respite for local residents.
But the coalition states have subsequently failed to Against the backdrop of these violations, however,
provide adequate solutions to address the fate of efforts to bring perpetrators to justice made
detained ISIS members and their families, and to important advances in 2019. Under the principle
investigate the fate of missing persons disappeared of universal jurisdiction, Special War Crimes Units
or killed under ISIS rule. Conditions have been in Europe have actively pursued a number of cases
especially dire in Al Hol, an internment camp involving those responsible for atrocity crimes in
of some 70,000 women and children associated Syria, helping to fill a judicial vacuum left by the
with ISIS, where more than 500 inhabitants have international community. Most notably in 2019, the
died from malnutrition, hypothermia, and poor arrest of Anwar R. And Eyad A. marks the first trial
healthcare since April 2019.3 of a high-level government official for complicity
in thousands of acts of torture. Further efforts were
The situation in Northern Syrian was further made to prosecute corporate entities for complicity
destabilized by a new Turkish incursion in October. in war crimes or terrorism. In 2019, charges were
Turkish-backed opposition forces under the Syrian upheld against the cement company Lafarge, and an
National Army (SNA) captured the towns of Tell investigation continues against technology company
Abyad and Ras al-Ayn, accompanied by reports Qosmos. The majority of cases in Europe, however,
of arbitrary killings, widespread looting, and continued to involve lower-level perpetrators
ethnic displacement. Their advances were halted affiliated with ISIS or opposition groups, whose
by a hasty agreement between the SDF and Syrian members have fled to Europe in greater numbers.
government, allowing the re-entry of government
forces into Northeast Syria. Because of the difficulties in convicting fighters for
crimes committed in Syria, European states have
The return of Syrian government control forebodes largely avoided their responsibility to repatriate and
danger for many Syrians. In reconciled areas, there prosecute their own citizens. Instead, most local
continues to be widespread reports of arbitrary ISIS fighters, and some foreign ISIS fighters, are
detention, enforced disappearances, harassment, being detained and prosecuted in Northeast Syria
and other violations by the Syrian government, and Iraq, where the SDF is struggling to process and
despite reconciliation agreements in place. New maintain a massive detainee population with few
Syria Justice and Accountability Centre | 5
Syrian Arab Army (SAA)
Hayat Tahrir al-Sham (HTS)
Syrian Opposition Factions
Syrian Democratic Forces (SDF)
Islamic State (ISIS)
Joint control between SAA & SDF
Areas of control, Feb 2020. Source: Wikimedia Commons.
resources, and the Iraqi judiciary remains notorious fight for justice and accountability in Syria. In 2019,
for torture, scant due process, and frequent death Syrian groups continue to tirelessly document
sentences. violations in the face of dangerous conditions
inside Syria. SJAC and other Syrian groups are also
In 2019, states also imposed new sanctions on innovating new ways in which digital evidence
Syrian individuals and businesses, strengthening on social media can be preserved and utilized
what is widely acknowledged as one of the most for criminal accountability. Syrian activists and
comprehensive and extreme sanctions regimes ever documentation groups continue to reach out to
imposed. In December, the U.S. Congress passed the the victim community and serve as a bridge to UN
Caesar Syria Civilian Protection Act, authorizing investigators and universal jurisdiction prosecutors.
additional sanctions and financial restrictions on Activities to memorialize the events and those lost
institutions and individuals doing business with are moving forward concurrently through visual
the Syrian government. But with little evidence art, writing and cinema, ensuring that history is
as to whether widespread sanctions achieve their accurately recorded, and the truth exposed. As
intended policy objectives, the adverse impacts on public interest in the Syrian conflict fades among
the lives of ordinary Syrian civilians is of significant false narratives that the conflict is ending, families
concern. and survivors are serving as tireless advocates,
Ultimately, it is Syrians who continue to lead the sustaining the long-term momentum that is key to
achieving meaningful justice.
6 | State of Justice 2020
(c) Lens Young Dimashqi
V i o l a t i o n s
Syria Justice and Accountability Centre | 7Major Violations
Targeting of Hospitals & Schools the scope of the investigation is limited, with the
investigation covering only seven incidents.12 The
Since the start of the conflict, hospitals and schools investigation is expected to be completed by early
have been systematically targeted by the Syrian 2020, and groups are calling on the Secretary-
government and its allies. In 2019, attacks against General to make these findings public.13
schools and hospitals reached an unprecedented
rate with the government’s drive to retake the last Attacks by the Syrian government and Russian
opposition strongholds in Idlib and Hama. Between forces against facilities such as hospitals and schools
April and November alone, 61 medical facilities constitute not only war crimes but a cynical strategy
were reported to have been targeted in the Russia- to crush hope and resistance by targeting the most
backed offensive.5 Schools and childcare facilities vulnerable civilians under opposition control. An
have also been systematically targeted in Syria. The internal UN inquiry is insufficient. If it is shown
Commission of Inquiry for Syria (COI) reported in that UN member states turned the deconfliction
August that “70 schools in the demilitarized zone of system into a targeting system, a case should be
Idlib had been destroyed or damaged by hostilities, brought before the International Court of Justice
depriving over 200,000 pupils from receiving formal (ICJ). Such blatant violations of the core principles
education.”6 This has occurred despite the fact of humanitarian law must be punished. SJAC also
that medical facilities and schools are both civilian recommends that the findings of the Secretary-
objects protected by international humanitarian law. General become public, and that the BOI attribute
responsibility for these attacks so that accountability
The United Nations deconfliction system has come measures can be taken. It is imperative that there
under heavy criticism for inadvertently facilitating is a permanent and lasting ceasefire in areas of
these attacks.7 The deconfliction system works active hostilities from all sides. A ceasefire should
by permitting NGOs that are operating hospitals be accompanied with close monitoring of any
and healthcare facilities in Syria to provide their violations, with accountability measures taken
coordinates to the UN Office for the Coordination against violators.
of Humanitarian Affairs (OCHA). OCHA then
shares the coordinates with the parties involved in Detainees and Missing Persons
the conflict in order to prevent inadvertent targeting More than 100,000 people have been detained,
of the facilities.8 The system is voluntary, but NGOs abducted or gone missing since the start of
have reported that they felt pressure by the UN to the conflict, largely at the hands of the Syrian
share their coordinates.9 Although the purpose of government.14 In 2019, the Syrian government
the deconfliction system is to protect healthcare continued its practice of arresting and detaining
facilities and humanitarian personnel from perceived political opponents, including political
becoming targets, the pattern of attacks indicates activists, humanitarian workers, and journalists.
the policy is doing the opposite by providing Detention has been particularly widespread in
coordinates for deliberate attacks. An investigation ‘reconciled’ territories, where long-term residents
by The New York Times found that at least 27 and recent returnees have been arrested regardless
facilities on the deconfliction list were intentionally of their compliance with reconciliation processes.
targeted by Russian or Syrian military forces.10 This follows a pattern from the last eight years
On August 1, 2019, the UN Secretary-General whereby the Syrian government, as well as non-
announced the establishment of a Board of state actors, have been responsible for enforced
Inquiry (BOI) to conduct an investigation to disappearances and crimes committed at detention
“cover destruction of, or damage to facilities on the centers, including torture, sexual violence, and
deconfliction list” in Northwest Syria.11 However, extra-judicial killings.
8 | State of Justice 2020missing husbands or fathers often face economic
hardship and social exclusion in the absence of a
“Do you know what traditional head of household.19
happens here?”
SJAC and other human rights organizations con- A number of important reports helped to raise the
tinue to document abuses in detention, largely prominence of this issue in 2019. The Association
through the collection of interviews with survivors.
of Detainees and the Missing in Sednaya Prison
released a report on detention in the notorious
In 2019, SJAC published ‘Do You Know What Hap-
Sednaya government prison, including details
pens Here,’ which analyzes 50+ interviews with sur-
on the long-term psychological and physical
vivors to shed light on the use of sexual violence in
toll of detention.20 Physicians for Human Rights
government detention. investigated the detention of medical workers
specifically, publishing a report that included
testimonies about the government’s use of torture to
gather information about the location of hospitals
To a lesser scale, kidnapping and detention have and identity of medical workers.21 Similarities in the
become tools of control and financial coercion for patterns of violations provide convincing evidence
non-state actors. In Idlib, Hayat Tahrir Al Sham that abuses were committed pursuant to official
(HTS) and other extremist groups have kidnapped governmental policies.
wealthy civilians for ransom. They have also
arrested, tortured, and killed political opponents Resolving the issue of missing persons must
as well as those deemed to be in violation of the be a cornerstone of any future justice process.
group’s extreme interpretation of Islamic law.15 All political detainees must be released, and
Similar violations, particularly financially motivated international monitors must gain access to both
kidnappings and the arrests of Kurdish activists, government and non-state detention facilities.
have been reported in Turkish controlled territories, Families of the missing have the right to know their
many attributed to the Turkish-affiliated Syrian loved ones’ fates, and in the case of death, be given
National Army.16 There have also been some reports access to their remains and personal possessions. In
of detention by the Syrian Democratic Forces in the meantime, families need psychological support
Northeast Syria, including the August arrest of six to deal with their loss, economic support to help
humanitarian workers.17 replace lost income, and a missing persons law to
allow spouses and children of the missing to access
In addition to ongoing arrests, thousands of the missing persons’ property and deal effectively
civilians who were detained early in the conflict, with legal issues during prolonged absences
or even before it began, remain unaccounted for.
The territorial defeat of ISIS in the spring of 2019 Violations in Reconciled Areas
left the families of those who had been detained
The Syrian government has now recaptured
by the group hopeful for the return of their loved
a majority of Syrian territory, either by direct
ones; however, the majority remain missing. Recent
military conquest or through local ‘reconciliation
rescues indicate that some detainees are still being
agreements’ with opposition forces. These
held by individual ISIS members; many others lie
agreements, in theory, offer a path for peaceful
in the mass graves scattered across former ISIS
reintegration for rebels. But across reconciled areas,
territory.18
widespread reports of abuses and violations have
Detainees themselves are not the only victims of emerged, suggesting that Damascus intends to use
the crime of enforced disappearances. The families the framework of reconstruction and reconciliation
of the missing face a unique emotional struggle, to punish opponents and stifle dissent.
dealing with the uncertainty of their loved ones’
Under the agreements, opposition fighters and
fates and processing this grief without the traditional
local residents were required to either evacuate to
ceremonies and social support that accompany
opposition-held Idlib, or accept government control
a death in the family. Additionally, women with
Syria Justice and Accountability Centre | 9and submit to a vetting process by state security against reconciled individuals who joined or became
agencies.22 In its assessment of these agreements, informants for the government, in addition to 25
SJAC has found that they fail to meet minimum assassinations likely perpetrated by the government.
standards of fairness expected in an amnesty.23 Taken together, these widespread arrests,
The documents do not explicitly state the crimes disappearances, and killings have perpetrated what
and circumstances for which a signatory will not locals describe as a “pervasive” sense of fear across
be prosecuted, nor do they provide provisions that government-held areas.27
would be binding on the government. Instead,
participants are forced to sign away their basic Reconciled areas are further mired by
rights, including freedom of speech and right to economic depravity. More than one year after
peaceful assembly. All males under the age of 42 are reconciliation, residents in Daraa still lack access
also required to complete their mandatory military to basic necessities such as water, electricity,
service, despite the continuation of human rights and education.28 Whether by choice or lack of
violations carried out by the Syrian military.24 funds, the Syrian government has largely failed to
rehabilitate infrastructure and provide essential
Furthermore, amnesty is not a guaranteed to those services following the withdrawal of international
who present themselves for the reconciliation organizations. Civilians have also been hurt by
process.25 The government has arbitrarily detained mass dismissals of civil servants who worked
and disappeared thousands of former fighters under opposition control.29 Finally, reports in 2019
and opposition activists in reconciled areas. In have provided new evidence of the government’s
Daraa, a local documentation center estimates that efforts to co-opt reconstruction efforts to serve its
around 650-1000 people were arrested by pro- political objectives, by diverting international funds
government forces in the 12 months following the and restricting access to humanitarian actors.30
July 2018 reconciliation agreement.26 Some of those Such actions by the state indicate that reconciled
arrested had obtained clearance papers through the areas may suffer political and economic collective
reconciliation process prior to their arrest. punishment for years to come. To prevent a full
return to government oppression in these areas,
Individuals who reconcile with the government open access for international monitors and impartial
also risk retaliation from opposition forces. In 2019, humanitarian actors is essential.
SJAC recorded 165 cases of targeted assassination
A displaced family in Idlib, Northwest Syria. June 2019. (c) Lens Young Dimashqi
10 | State of Justice 2020A man bikes past a destroyed building.
Eastern Ghouta, April 2019. (c) Lens Young Dimashqi
Property Rights Violations SJAC has proposed that a property restitution
framework be implemented and made a condition of
In 2019, the Syrian government continued its any peace negotiations.35
policies of expropriation from Syrians who have
fled the conflict, whether internally or to other Further property rights violations arose as a result
states. The government has passed a series of of Turkey’s Operation Peace Spring in October
laws, including Decree 66 and Law No. 10, which 2019, which displaced an estimated 160,000 people,
authorize the rezoning of residential areas for including 70,000 children, from Northern Syria.36
reconstruction, effectively expropriating lands Repeating a trend from prior incursions, Turkish-
without any compensation to those displaced.31 backed militias looted property and occupied homes
Although there are some provisions for notice, these in Turkish designated “safe-zones” within 20 miles
are entirely inadequate to properly inform displaced of the Turkish-Syrian border.37 The majority of
landowners of their property rights and procedures properties looted and occupied belonged to Kurdish
to assert them. According to a report by Syria residents.
Direct, Syrian authorities have also ramped up the Turkey has suggested that it is planning a giant
use of long-standing laws to deprive Syrians of their construction project in Northern Syria to resettle
property in cases of suspected terrorism, interpreted millions of Syrian refugees currently living in
broadly as anyone opposing the government. Turkey.38 There is a significant risk that resettled
The Counterterrorism Court has issued orders to Syrians will be forced into the homes of those who
seize the property of medical workers, journalists, were forcibly displaced by Turkish-backed militias
and members of the Syrian Civil Defense.32 in so-called “safe-zones”, creating an untenable
An amendment to the Military Service Law in situation and violating the property rights of
December 2019 imposes an $8,000 fine for those not displaced Syrians.
fulfilling the requirement for mandatory military
service by age 42 and subjects the property of A third issue relates to recent admissions by the
those in default to executive seizure.33 As calls for U.S. government concerning Syrian oil. Although
reconstruction begin, the property rights of those the United States announced the withdrawal of
displaced by the conflict remain in the balance.34 its troops from Syria in October 2019, it quickly
Syria Justice and Accountability Centre | 11reversed course and stated that it would maintain 2019, the majority to areas under government
troops in Syria to protect oil fields.39 According to control.48 Additional government decrees that
legal experts, if the United States keeps Syrian oil for have dismantled refugee shelters and heightened
its own benefit, this would constitute pillage and a employment restrictions, along with anti-Syrian
violation of IHL.40 American officials later asserted rhetoric from leading Lebanese politicians, forced
that it had secured the oil fields to protect them many to return to Syria despite the risks.49
from continued exploitation by ISIS, Russia, and
the Syrian government, and that “the oil is being In 2019, three-fourths of the population of Rukban
worked by the local authorities for the benefit of the camp on the Syrian-Jordanian border was forced
local communities.”41 Whatever the case, the abrupt to leave as conditions deteriorated to bleak levels
withdrawal and repositioning of U.S. troops to oil under Syrian blockcade. By September 2019, only
installations left the people in the region vulnerable 12,700 residents remained.50 In February 2019,
to further abuses from the remaining powers. Russia announced it would establish a humanitarian
corridor to allow residents to return to government-
held areas, opening the way for a rapid exodus of
Forced Returns starved residents. Calls by inhabitants for transfers
Millions of Syrian asylum seekers were put at to opposition held areas, however, have remained
increased risk of forced return to Syria under new unanswered.51 Russia had announced that it would
refugee policies in Turkey, Lebanon, and Europe, begin dismantling the camp, a decision immediately
and deteriorating conditions in Rukban camp rejected by the camp committee.52 With the issue at
a standstill, the fate of residents remains precarious
Turkey passed a series of policies in mid-2019
requiring all Syrians to return to their provinces Consequently, Syrian asylum seekers have again
of registration in Turkey, which displaced nearly looked to Europe as a refuge despite worsening
100,000 Syrians from Istanbul alone. As part conditions there for refugees.53 In February 2019,
of the crackdown, sweeping police raids and Danish Immigration Service decided that Damascus
checkpoints in public spaces instilled widespread is now safe for return, meaning that origin in
fear among refugees.42 A report by Amnesty Damascus is no longer sufficient basis for an
International estimates that hundreds of Syrians asylum claim, putting at risk the status of thousands
were subsequently detained and deported to of Syrians.54 In August 2019, Sweden followed
Northwest Syria into areas of active conflict.43 in Denmark’s footsteps, announcing that the
Many of those deported state that prior to their government will no longer offer automatic protected
deportations, they were forced to sign “voluntary status to new arrivals coming from Damascus and
return” documents under intimidation and coercion a number of other governorates.55 While Syrians
by Turkish authorities.44 In October 2019, Turkey in these countries are not at immediate risk for
and Russia concluded an agreement authorizing deportation, the policies set a dangerous precedent.
Turkish control over a 20-mile wide and 75-mile
As highlighted in this report, Syrians who return
long “safe zone” in Northeast Syria.45 If carried out,
face death and displacement in areas where
Turkey’s plans to resettle one million Syrian refugees
the conflict remains active, while returnees to
in the area would constitute forced repatriation on a
government held areas are at risk of arbitrary
massive scale.46
detention, disappearances, assassinations, forced
conscription, and deprivation of their livelihoods
In Lebanon, refugees were pressured to return
and basic needs. Forced returns thus violate
through both direct and indirect means. Two
international law, including the principle of non-
decisions issued by the Supreme Defense Council
refoulement. SJAC calls on host countries to
(on April 15) and General Director of the General
reverse such discriminatory programs, uphold the
Security (on May 13) made it possible for Lebanese
right to voluntary return of refugees, and respect
authorities to deport Syrians who entered the
the principle of non-refoulement, with support
country irregulary.47 As a result, nearly 2,500 Syrians
and financial assistance from the international
were deported to Syria between and May and August
community.
12 | State of Justice 2020(c) Lens Young Dimashqi
Justice Effor ts
Syria Justice and Accountability Centre | 13Justice Efforts
Universal Jurisdiction the country. For example, in 2019 France sentenced
several former ISIS fighters residing in France on
Prosecutions terrorism related charges.60 Likewise, an alleged
In 2019, Special War Crimes Units in Europe have commander of Jabhat al-Nusra was arrested in the
actively pursued a number of cases involving those Netherlands in May on charges of committing war
responsible for atrocity crimes in Syria (SJAC has crimes as well as terrorism.61 Universal jurisdiction
compiled a list of 92 cases, which can be accessed in has therefore opened a window of opportunity
Annex I). This has helped to fill a judicial vacuum for Syrian victims, providing a venue for the
left by the international community. Syria is not prosecution of some crimes committed in Syria.
a state party to the Rome Statute, and Russia and Notably, the case selection has skewed towards
China have vetoed UN Security Council referrals lower-level perpetrators and members of extremist
to the International Criminal Court (ICC).56 This organizations rather than those most responsible
deprived the ICC of jurisdiction to investigate or members of the Syrian government, and this
crimes committed during the conflict which is now has been a source of frustration in the Syrian
entering its tenth year. The international community community.62 One reason for this bias is the fact
has also failed to create an ad hoc tribunal – such that few Syrian government officials reside in the
as those for Rwanda and the former Yugoslavia – European states pursuing universal jurisdiction
which might be expected given the scale of crimes cases.
committed, including crimes against humanity, war
This begs the question as to what is the most
crimes, and genocide. The remaining alternative
appropriate prosecutorial strategy for achieving
is prosecutions initiated by national authorities
justice in the realm of international crimes
pursuant to domestic laws giving authorities the
committed in Syria. The default strategy has been
jurisdiction to investigate serious crimes committed
a “no-safe-haven” approach whereby states prevent
outside their national borders, known as universal
the use of their territory for suspects of international
jurisdiction.
crimes.63 As noted above, this is illustrated by the
Universal jurisdiction can permit the prosecution prosecution of former fighters present in Europe. By
of crimes with no connection at all with the contrast, the “global-enforcer” approach prioritizes
prosecuting state. The last ten years have seen a the investigation of the most serious criminals
dramatic rise in the number of such cases globally, regardless of the location of the crime or the
including cases involving Syria.57 Special war accused. One example of this latter approach is the
crimes units have been created in numerous, mainly German prosecutor’s unsuccessful attempt to seek
European, states with the purpose of prosecuting extradition of Jamil Hassan, the chief of Syria’s Air
international crimes and/or terrorism-related Force Intelligence Directorate from Lebanon where
offences.58 These units are constrained by their he was seeking medical treatment.64 Special War
own national mandates – which include varying Crimes Units should balance the “Global-Enforcer”
jurisdictional requirements – as well as resources and “No-Safe-Haven” approaches to pursue those
allocated by their national governments. Many most responsible for atrocity crimes as well as those
of these units coordinate their work through the present in their states.
Genocide Network, an organization convened
A significant development in 2019 was the
biannually in The Hague to share information and
confirmation of charges in the case of Anwar R. and
discuss areas of mutual interest.59
Eyad A. who were arrested in Germany in February
In the case of crimes committed in Syria, 2019.65 Anwar R. worked in the General Intelligence
prosecutors are more likely to take up a case if either Al-Khatib Branch in Damascus until 2012 and is
the victim(s) or perpetrator or both are located in charged with complicity in torture of at least 4,000
14 | State of Justice 2020people between 2011 and 2012, resulting in the the cement company Lafarge (now LafargeHolcim),
deaths of 58 people and including cases of sexual although charges for complicity in crimes against
violence.66 The European Centre for Constitutional humanity were dismissed.68 Leaked documents
and Human Rights, as well as the Caesar Files from the company showed that it had purchased
Group, helped to coordinate complaints by Syrian fuel from ISIS and paid ransoms to free Alawite
victims and made submissions to the German workers (while ignoring hostages of other groups),
investigators. The trial is scheduled to begin in early among other allegations.69 In a setback for efforts
2020 and could be significant in shedding light on by NGOs to pursue accountability on behalf of
systems of abuse, as it will be the first trial of a high- victims, several organizations were denied civil
level Syrian government official. However, there party organizational status by the Court for reasons
has been some debate in the Syrian community as that remain unexplained, since the decision was not
to whether the prosecution of Anwar R. constitutes made public.
justice given that he defected from the government
in 2012 and ultimately joined the opposition.67 This In addition to the Lafarge case, there is an ongoing
will likely form part of Anwar R.’s legal defense and criminal investigation in France against the
argument in favor of sentence mitigation. technology company Qosmos for complicity in
acts of torture by providing and installing large-
Further efforts were underway in 2019 in cases scale electronic surveillance equipment for the
seeking to bring to justice corporate entities Syrian government.70 It is unclear whether this
allegedly complicit in war crimes or terrorism. In case made any meaningful progress in 2019 due
November, charges for complicity in war crimes to the requirements of confidential investigations
were upheld by the Court of Appeal in Paris against in France. As there was no announcement of a
SJAC’s Efforts to Support Universal
Jurisdiction Prosecutions
Since 2014, SJAC has counted universal jurisdiction prosecutions as the most
viable option available for justice and accountability for Syrians, until an
international body is given prosecutorial authority. Throughout 2019, SJAC
provided access to relevant and reliable evidence to Special War Crimes Units
in France, the Netherlands, Sweden, Germany, and the United Kingdom to
support investigations and/or prosecutions of serious crimes arising out of the
Syrian conflict.
Victims also have the right to engage with such prosecutions to bring complaints
against perpetrators and, in some cases, to seek reparations for crimes they
suffered. In 2019, SJAC published a series of universal jurisdiction guides for
six states that have undertaken universal jurisdiction prosecutions. These
guides are available in Arabic and English in an effort to apprise Syrians of their
rights, help them understand how universal jurisdiction prosecutions work, and
encourage them to bring relevant information, investigative leads, and evidence
to Special War Crimes Units that can put them to use in accountability processes.
SJAC launched the guides at an event held in Berlin given Germany’s large
population of Syrian refugees and its centrality in pursuing justice for Syrians
through universal jurisdiction cases. SJAC continues to build relationships with
prosecutors, to share information, and to advocate for the prosecution of such
cases in an effort to obtain justice for Syrian victims.
Read the guides at: syriaaccountability.org/universal-jurisdiction
Syria Justice and Accountability Centre | 15dismissal, it can be presumed that the case remains In March 2019, Guernica 37 filed a communication
open. with the ICC Prosecutor arguing that the ICC
should open an investigation into the deportation
Given their strong contribution to fighting against of civilians from Syria to Jordan, based on Jordan’s
impunity, and particularly in the absence of any status as a State Party to the ICC Statute. There are
international tribunal with jurisdiction to address a number of obstacles to opening and successfully
Syrian war crimes, states should fully-fund (and pursing an investigation at the ICC regarding the
create) special war crimes units to investigate and Syrian conflict, including the prosecution’s ability
prosecute crimes against humanity, war crimes, and to establish the intent of the Syrian government to
genocide. forcible displace civilians across an international
International human rights lawyers have also border, and Jordan’s own willingness to cooperate
begun testing whether the ICC’s recent decision with an ICC investigation. Nevertheless, these
on Myanmar’s treatment of Rohingya Muslims can developments may signal new openings for Syrians
be used as a precedent to bring the Syria case to to pursue symbolic, as well as concrete, justice on
the ICC. In November, ICC judges authorized the the international stage.
opening of an investigation into the situation in
Bangladesh/Myanmar, based on the rationale, that Prosecuting ISIS
even though Myanmar is not a State Party to the In March 2019, ISIS lost its final remaining territory
ICC Statute, the ICC has jurisdiction over the crime in Syria, raising the question of how to administer
of deportation to Bangladesh because the latter is a justice to the ISIS fighters and their families
State Party.71 captured during hostilities. There are an estimated
11,000 men in SDF prisons in Syria, with 2,000 or
more of those being foreign fighters from about 50
different nations.72
Coalition states have failed to provide a coordinated
response to the problem. With no public support to
repatriate fighters back home, France has proceeded
with trials in absentia and is negotiation with Iraq
to have French fighters prosecuted in Iraq courts.73
For its part, Sweden proposed an international
tribunal be created to prosecute foreign ISIS fighters
in the region (presumably Iraq or a neighboring
state).74 SJAC joined a number of other groups in
opposition to the proposal as a case of selective
justice and there has been little movement on the
proposal since June.75 Though this group of foreign
fighters is a relatively small part of the overall
contingent of ISIS fighters, there remain worries that
if left in the region, fighters could build a resurgent
ISIS organization. Others remain concerned that if
fighters are returned home, they will commit acts of
terrorism.76 SJAC has taken the position that states
should repatriate their nationals who committed war
crimes or terrorism in Syria for prosecution or to
serve out their sentences in their home countries.77
SJAC has compiled a list of 92 Syria-related universal Appropriate safeguards should be put in place to
jurisdiction cases from publicly available sources (see
Annex I). In the figure above, cases are broken down by
ensure that returned fighters do not commit offenses
the affiliation of alleged perpetrators. The large majority pending trial.
of cases have prosecuted members of extremist groups.
16 | State of Justice 2020(Photo) A sign reads: “The Islamic State- Al Baraka Province. The Islamic Police in Ash Shadadi.
Al-Shaddadah, 2019. Zana Omar (VOA) [Public Domain]
In January 2020, SJAC published the report “Judge, Jury and Executioner: The ISIS Bureau of Justice and Griev-
ances” unveiling the culpability of a previously unknown organ of the ISIS hierarchy, the Bureau of Justice and
Grievances, and calling upon the international community to prioritize the prosecution of members of the Bureau,
in addition to ISIS fighters, to achieve complete justice.
Inside Syria, Kurdish authorities have created ad have been convicted of violations of terrorism
hoc anti-terrorism tribunals known as the “Defense laws rather than substantive crimes, which require
of the People” courts to prosecute Syrian and Iraqi significantly more evidence than available.83 Thus,
ISIS suspects accused of committing crimes in fighters may be convicted for the same crime
Syria.78 As of April 2019, these courts, characterized despite varying degrees of personal culpability and
by a panel of three judges, have tried and sentenced participation in specific acts. The harshest sentence
over 7,000 ISIS suspects with nearly 6,000 still is life-in-prison, which carries with it a maximum
awaiting trial.79 Aspiring to meet international 20-year sentence84
human rights standards, gain legitimacy, and
encourage Arab-Kurdish reconciliation, the courts Ultimately, jurisdiction is the greatest hurdle to
have abolished the death penalty, prohibited successful judicial processes in Northeast Syria.
torture, prioritized reconciliation and leniency, and International recognition and support for trials
implemented reforms such as establishing appeals in Syria are complicated by the SDF’s status as a
courts and providing defense lawyers.80 non-state actor. Meanwhile, the Syrian government
has deemed the judiciary in Northeast Syria
However, with limited resources, they have basic “illegal” and issued arrest warrants for judges and
capabilities, lacking effective documentation staff.85 Lack of jurisdiction specifically affects the
methods or forensic evidence and a detention large number of foreign fighters held in Kurdish
facility for female suspects.81 Convictions have prisons.86 With no jurisdiction over these suspects,
therefore largely stemmed from confessions reluctance to bear the burden of trying foreign
following the capture of suspects on the battlefield, citizens, and unwillingness of foreign countries to
and the discovery of incriminating photos and repatriate their citizens, such suspects have been
videos on their phones.82 Moreover, most suspects sent to Iraq to face trial as the Iraqi law confers
Syria Justice and Accountability Centre | 17jurisdiction in such cases where foreign nationals United Nations Efforts
commit crimes affecting Iraq.87
The International, Impartial and Independent
However, ISIS proceedings in Iraqi courts have Mechanism (IIIM) was established by the UN
been rife with due process violations, including the General Assembly and tasked with assisting in the
extensive use of torture.88 While judiciaries of the investigation and prosecution of persons responsible
Iraqi government and the KRG similarly try ISIS for the most serious crimes committed in Syria
defendants under their respective counterterrorism since March 2011. In April 2019, the Head of the
laws, Iraq’s 2005 counterterrorism law authorizes IIIM informed the General Assembly that the IIIM
death sentences and life in prison based solely has created a “central repository” of information to
on vague definitions of terrorism.89 Iraqi courts support the prosecution of cases and that two case
are known for harsh and swift verdicts based files have been opened, including one that relates
on revenge.90 Described as ‘five-minute trials,’ to a domestic criminal process.93 In June, the IIIM
proceedings are often characterized by their met in Switzerland with SJAC and other civil society
reliance on coerced confessions and low evidentiary groups, including victims organizations, to share
standards, and the deprivation of basic rights information and discuss best practices. In December,
for defendants, including their rights to legal regular annual funding of about $18 million was
representation and an opportunity to confront their secured for the IIIM over the objections of Syria
accusers.91 and Russia.94 With full funding secured, the IIIM
Meanwhile, tens of thousands of ISIS women and should focus its efforts on building cases against those
their children are also being detained in makeshift most responsible for war crimes in Syria, including
camps in Northeast Syria. Without sufficient evidence government and organizational leaders, as these cases
for prosecution, and fearful that some inhabitants require significant time and resources to build. This
remain loyal to ISIS, the SDF has continued to detain would complement the work of prosecutors who are
them without due process or plans for future release, pursuing universal jurisdiction cases, often against
effectively leaving detainees in legal limbo. Coalition low-level perpetrators living in Europe.
states have failed to provide local authorities with In its most recent report, the Organization for the
adequate support, allowing camp conditions to Prohibition of Chemical Weapons (OPCW) noted
deteriorate to deplorable levels. Conditions have that an assessment team was deployed to Syria in
been especially dire in Al Hol, an internment camp October 2019 and will report its findings to the
of some 70,000 women and children associated with Executive Council in due course.95 A separate team,
ISIS. Since April, 500 inhabitants, including more the Identification and Investigation Team, was
than 300 children, have died from malnutrition, established to identify those responsible for the use of
hypothermia, and poor healthcare in Al Hol.92 chemical weapons in Syria, and will submit its next
progress report to the Council in March 2020.96 The
At present, the current situation is untenable for SDF report should be made public and those responsible
authorities charged with securing a massive number for chemical weapons attacks against civilians should
of detainees with minimal support. As a first step, be named.
the international community has a responsibility to
repatriate their citizens, both to ensure fair trials and Under the mandate of the UN Human Rights
to prevent their return to resurgent extremist groups. Council, the Independent International
An international mechanism should be established Commission of Inquiry (COI) on the Syrian
to monitor ISIS trials for Syrians and Iraqis in Arab Republic published reports in February
their respective countries to, at minimum, prevent and September 2019. The first report highlighted
torture, arbitrary death sentences, and other serious significant risks to civilians due to ongoing hostilities
violations. The international community should in Idlib, western Aleppo, Afrin, and Deir Ez-zor
also provide support for SDF authorities to relieve governorates, particularly arbitrary detention
conditions in Al Hol and other detention camps for and enforced disappearances perpetrated by pro-
ISIS families. government forces, armed groups, and criminal
gangs.97 Noting that the current situation does not
18 | State of Justice 2020allow for the safe return of internally displaced session.101 No date has been set for a future meeting
persons and refugees, the Commission emphasized nor has any agreement been reached as to whether
the need for: transitional justice would be on the agenda
• Unimpeded access to humanitarian and medical
relief for civilians;
• Genuine guarantees by all parties that returnees
will not face persecution or any other form of
mistreatment;
• The immediate disclosure of the fates of the
detained, disappeared and missing individuals,
and the release of arbitrarily detained persons;
• The restoration of critical infrastructure and
access to basic services; and
• Efficient, accessible, and affordable mechanisms
to address housing, land and property issues.98
The September 2019 report highlighted the
ineffective provision of basic services in Dar’a, A man fuels his car in Damascus, August 2019.
Douma, and eastern Ghouta (Rif Dimashq) (C) Lens Young Dimashqi
and called for the Syrian government to allow
unconditional access for independent monitors Economic Sanctions
and humanitarian organizations to all places of
detention. The Commission also recommended that The sanctions regime applied to Syria is widely
the international community suspend sanctions that acknowledged as one of the most comprehensive
directly harm the Syrian population, in particular and extreme ever imposed.102 Sanctions have
the realization of children’s rights. Additionally, been imposed by the U.S. Office of Foreign Assets
it pressed the U.S.-led coalition to conduct post- Control (OFAC), Her Majesty’s Treasury (UK),
operation reviews and investigations, ensuring the European Union, the United Nations, and
transparency by publishing results, in response to several other regulatory entities.103 Currently
allegations of civilian casualties from aerial and imposed sanctions include trade restrictions,
night operations.99 travel bans, and asset freezes on Syrian officials,
in addition to a ban on Syrian investments by
In September, Russia, Turkey, and Iran announced private persons.104 Sanctions have been further
that an agreement on the composition of a Syrian imposed on the sale, transfer, supply, or export of
Constitutional Committee was reached between ‘jet fuel’ and ‘fuel additives’ to Syria since January
the Syrian government and opposition parties.100 2015.105 The sanctions regime continues to preclude
The formation of the Committee, first begun most business activities from US and European
under UN Security Council Resolution 2254 in companies in Syria.
2017, is seen as a cornerstone of the Geneva peace
process. Its objective is to amend the current In February 2019, the EU issued new sanctions
Constitution of Syria or to adopt a new one, against several Syrian businessmen and companies
though its decisions are not binding under Syrian operating inside the country. On May 2019, the
law. The September announcement was initially Council of the EU extended EU restrictive measures
hailed as a breakthrough, but talks in Geneva were against the Syrian regime until June 2020. The
unsuccessful after government and opposition Council also removed one entity from the list as
representatives failed to agree on an agenda for the there were “no longer grounds to keep it under
Syria Justice and Accountability Centre | 19restrictive measures.”106 The list now includes 269 the dollar before the conflict began in 2011.112 In
persons and 69 entities targeted by a travel ban and parallel, there has been hyperinflation, with prices
an asset freeze for “being responsible for the violent increasing more than 22-fold since the start of the
repression against the civilian population in Syria, war, or by 2,400 percent.113 A kilo of sugar now
benefiting from or supporting the regime, and/or costs SP600, compared to SP250 in September 2019,
being associated with such persons or entities.” while one kilo of lamb meat jumped to more than
SP12,000, after it was approximately SP7,000.114
In December 2019, the U.S. Congress passed the
National Defense Authorization Act of 2020, which As of January 2020, the average monthly wage
included a section known as the Caesar Syria of workers in the public sector ranges between
Civilian Protection Act, authorizing additional $90-180 (SP20,000-40,000), and in the private
sanctions and financial restrictions on institutions sector between $460-700 (SP100,000-150,000).
and individuals doing business with the Syrian The minimum income needed to provide the
government. The new law authorizes the imposition basic monthly necessities is SP 100,000. Studies
of sanctions against the Syrian government, as well and reports confirm that more than 93 percent of
as businesspersons who have economic ties to the Syrians live below the poverty line.115
government, the security sector, the central bank, or
state-run infrastructure, including airlines, energy Further, sanctions inadvertently hinder the work
agencies, and construction projects.107 of humanitarian actors in Syria. Burdensome
bureaucratic red tape, increased legal costs, fears
Consequences for the Syrian economy of violations from foreign suppliers, and wide
definitions of dual-use products in sanctions
The sanctions regime has caused fuel and other have created a ‘chilling effect’ that has limited
shortages as well as a broader economic downturn. aid organizations’ access to critical supplies in
In November 2018, OFAC issued an advisory Syria, including life-saving cancer medication and
sanctioning Iranian and Russian private and public hospital equipment.116 Although medical imports
sector entitites involved in procuring Iranian oil are supposedly exempt from western sanctions, aid
for Syria. The advisory contributed to Syria’s most workers on the ground in Syria say that “the indirect
serious gas crisis in recent years, causing insurance effect of sanctions [...] makes the import of medical
companies to cut ties with vessels going to Syria instruments and other medical supplies immensely
and ships to halt cargo shipments to the country. In difficult, nearly impossible.”117
response, the Syrian government asked prominent With little evidence that such widespread sanctions
businesses to buy vessels and transport gas from achieve their intended policy objectives, the impact
Iran and Russia, uninsured. The cost of shipping has they wreak on the lives of Syrian civilians is of
now soared.108 significant concern. Sanctions can be a powerful
A financial crisis in Lebanon has further worsened tool to coerce countries into changing policy,
the Syrian economy, as Syria’s banking ties to for example by disrupting the practical ability of
Lebanon have increased substantially throughout the government to wage war or by incentivizing
the conflict. Lebanese banks have imposed tight countries to negotiate and make concessions in
controls on currency withdrawals and transfers exchange for the lifting of sanctions. Targeted
abroad, which has effectively halted financial flows sanctions, particularly related to reconstruction
from Syria to Lebanon.109 efforts, have the potential to be effective to justice
efforts in Syria.118
The Syrian pound has lost more than 50% of its
value since the beginning of 2019.110 There have However, as SJAC has previously emphasized,
been record hikes in key goods such as sugar and sanctions against the Syrian government since the
rice, while blackouts in government-held areas have outset of the current conflict have had little effect
increased amid fuel shortages.111 In January 2020, on government action and policy.119 Even targeted
the Syrian pound traded at 1,250 Syrian pounds sanctions against specific regime allies, like Rami
to the dollar, compared to 47 Syrian pounds to Makhlouf, have proved ineffective as a result of
20 | State of Justice 2020You can also read
