Canada and the Netherlands Take Syria to World Court Over Torture Claims
The Netherlands and Canada have taken Syria to the International Court of Justice (ICJ), also known as the World Court, over torture claims. The two countries are seeking emergency measures to protect those at risk of being tortured and to hold the government of President Bashar Assad accountable for gross human rights violations and torture under the UN Convention against Torture, which damascus ratified in 2004.
According to the ICJ, the application filed by Canada and the Netherlands claims that “Syria has committed countless violations of International law, beginning at least in 2011.” The Dutch Foreign Ministry has stated that there is ample evidence demonstrating that Syria has committed serious human rights violations against Syrian citizens on a grand scale.
The application asks the court to issue emergency orders for Syria to cease all acts of torture and cruel treatment and to end arbitrary detentions, among other things. If the ICJ finds it has jurisdiction, it would be the first international court to be able to make a legal finding on the alleged state use of torture in Syria.
Canada and the Netherlands decided to act in 2020 after Russia blocked multiple efforts in the United Nations Security Council to refer a case on human rights violations in Syria to the International Criminal Court, which prosecutes individuals for war crimes and is also based in The Hague.
The civil war in Syria has been ongoing for 12 years, killing hundreds of thousands of people, displacing millions, and drawing in regional and world powers. The devastation of the conflict has been compounded by the large-scale destruction caused by earthquakes that hit northwestern Syria in February.
Landmark Trial in Germany
So far, there has been one conviction for the use of torture by a former Syrian state official in a landmark trial in Germany in January last year. The German case was filed under the country’s universal jurisdiction laws, allowing its courts to prosecute crimes against humanity committed anywhere.
The trial was the first to address state-sponsored torture in Syria, and it was hailed as a significant step towards accountability for the atrocities committed during the civil war. The defendant, Eyad Al-Gharib, was found guilty of aiding and abetting crimes against humanity and sentenced to four and a half years in prison.
The trial was also notable for the testimony of two Syrian torture survivors who recounted their experiences in Syrian detention centers. The survivors’ testimony provided a rare glimpse into the horrors of the Syrian government’s detention and torture practices.
The German trial was a significant milestone in the fight for justice for the victims of the Syrian civil war, but it was just one case. The vast majority of those responsible for the atrocities committed in Syria have not been held accountable.
International Criminal Court
The International Criminal Court (ICC) is another avenue for prosecuting war crimes committed in Syria. The ICC is a permanent international court that prosecutes individuals for genocide, crimes against humanity, and war crimes.
However, the ICC’s jurisdiction is limited to crimes committed by nationals of states that have ratified the Rome Statute, the treaty that established the court. Syria is not a party to the Rome Statute, so the ICC cannot prosecute crimes committed on Syrian territory unless the UN Security Council refers the situation to the court.
Russia has used its veto power in the Security Council to block multiple attempts to refer the situation in Syria to the ICC. Russia has been a staunch ally of the Assad regime throughout the civil war and has provided military support to government forces.
The lack of accountability for the atrocities committed in Syria has been a source of frustration for human rights advocates and victims’ families. The ICJ case filed by Canada and the Netherlands is a significant development in the fight for justice for the victims of torture and other human rights violations committed in Syria.
Conclusion
The civil war in Syria has been ongoing for 12 years, causing immense suffering and devastation. The government of President Bashar Assad has been accused of committing gross human rights violations and torture against Syrian citizens.
Canada and the Netherlands have taken Syria to the International Court of Justice over torture claims, seeking emergency measures to protect those at risk of being tortured and to hold the Assad government accountable for its actions. The ICJ case is a significant development in the fight for justice for the victims of the Syrian civil war.
While the German trial of a former Syrian state official was a landmark case, the vast majority of those responsible for the atrocities committed in Syria have not been held accountable. The lack of accountability has been a source of frustration for human rights advocates and victims’ families.
The ICJ case filed by Canada and the Netherlands is a step towards accountability for the atrocities committed in Syria. It remains to be seen whether the ICJ will find it has jurisdiction over the case and issue emergency orders for Syria to cease all acts of torture and cruel treatment.