The ongoing crisis in Syria represents one of the gravest humanitarian and legal challenges in recent history. With over 230,000 civilian deaths, 100,000 disappearances, and millions displaced, the Syrian conflict has created what the United Nations has called “the biggest humanitarian and refugee crisis of our time.” Despite efforts to address the horrors of this war, many of the most responsible perpetrators continue to evade justice. The International Criminal Court (ICC), established to prosecute war crimes, crimes against humanity, and genocide, remains a critical institution in holding individuals accountable at the highest levels. Yet, the ICC has not yet fully engaged with Syria. Given recent legal developments and precedents, now is the time for action.
A War Plagued by Systemic Violations
The scale of atrocities committed in Syria is staggering. The Assad regime has been responsible for widespread, indiscriminate attacks on civilians, including the use of 82,000 barrel bombs, 336 chemical weapons attacks, and nearly 500 cluster munitions bombardments. Civilians and vital infrastructure, such as hospitals, have been deliberately targeted. Starvation, arbitrary detention, and systematic torture have further worsened the situation, with documented cases of sexual violence being used as a weapon of war. United Nations reports have consistently identified Syrian government officials and military personnel as primary perpetrators of these violations. Still, these crimes have extended beyond the Assad regime—various non-state actors, including extremist groups, have also committed serious human rights abuses.
Efforts to bring the Syrian government to justice have been stymied by geopolitical factors. Russia and China’s use of vetoes at the UN Security Council (UNSC) blocked a 2014 attempt to refer Syria to the ICC. Since Syria is not a signatory to the ICC’s founding treaty, the Rome Statute, this veto effectively closed the door to ICC involvement for years. However, recent legal rulings and changes in the landscape of international law offer new hope for accountability.
Opening New Legal Pathways
In 2018 and 2019, the ICC Pre-Trial Chamber made landmark decisions regarding the deportation of the Rohingya from Myanmar to Bangladesh. Myanmar, like Syria, is not a member state of the ICC, and no UNSC referral had been made. Yet, the court ruled that it had jurisdiction over the case due to the cross-border nature of the crime. When the Rohingya were forcibly expelled from Myanmar into Bangladesh, an ICC member state, the court determined that a transboundary crime had occurred, granting it jurisdiction over the deportation and related crimes against humanity. This decision set an important precedent that could be applied to Syria.
Syria’s brutal tactics have driven over 630,000 refugees into Jordan, another ICC member state. Much like in Myanmar, the deportation of Syrians into Jordan could provide the ICC with a legal basis to investigate the Syrian government’s crimes. Jordan’s ratification of the Rome Statute means that the ICC could open an investigation into the deportation, persecution, and inhumane acts that have been committed against Syrians—much like the investigation launched into Myanmar’s crimes against the Rohingya.
The Role of the ICC and UN Mechanisms
The pathway for holding Syria accountable through the ICC lies in state party referral, under Article 14 of the Rome Statute. Any ICC member state can refer the situation in Syria to the ICC prosecutor, who would then be obligated to open an investigation unless there is no reasonable basis to proceed. This route bypasses the political hurdles posed by UNSC vetoes and eliminates the need for Pre-Trial Chamber authorization, streamlining the process.
In this context, the collaboration between the ICC and the UN’s International, Impartial and Independent Mechanism (IIIM) becomes essential. The IIIM was established specifically to gather and analyze evidence of serious international crimes committed in Syria since 2011. With vast volumes of evidence already compiled, the IIIM could assist the ICC in building cases against those responsible for the atrocities in Syria. This collaboration would ensure a more efficient use of limited resources while also reinforcing the international legal system’s capacity to hold perpetrators accountable.
Overcoming the Challenges
Despite the progress made in international law, significant challenges remain in bringing Syria’s perpetrators to justice. Domestic avenues have proven inadequate, with insufficient accountability mechanisms and limited remedies for victims. Many of the most responsible individuals continue to travel freely, often welcomed back into diplomatic circles. This situation not only undermines the rule of law but also perpetuates a culture of impunity.
The case of Syria highlights the limitations of the current international legal system. While individual cases of war crimes have been prosecuted in European courts, these efforts, though laudable, have not addressed the full scope of the atrocities committed during the conflict. The ICC offers a unique opportunity for accountability at the highest levels of government, but this requires the political will of member states to act.
Time for Action
More than a decade has passed since the start of the Syrian conflict, yet justice for the victims remains elusive. A new Syria cannot be built without confronting the crimes of the past. Accountability is not a matter of mere sentiment—it is a necessary step toward meaningful reconciliation and the creation of a pathway for the future. The ICC’s involvement could serve as a critical catalyst in this process, sending a clear and unequivocal message that no one is above the law, no matter how powerful.
Member states now have an opportunity to demonstrate leadership by referring the situation in Syria to the ICC. By doing so, they would not only uphold the norms of international law but also offer hope to the millions of Syrians who have suffered unimaginable horrors. The ICC stands as a beacon of justice, but it can only fulfill its mandate if the international community empowers it to do so.
In a world that has often looked away from Syria’s suffering, now is the time to act.
Board Member,
International Human Rights Agency West Support
Col. (ret.) Oleksandr Havryshuk, PhD
Senior Fellow,
Foreign and Defense Policy
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