Scenarios for Initiating Criminal Trials in Syria: Between Reliance on International Treaties and Waiting for a National Legislative Framework
Executive Summary:
This report addresses the challenge of initiating criminal trials in Syria following the fall of the Assad regime, in the context of evident legal gaps and the absence of a comprehensive national legislative framework for transitional justice. It builds on the reality that detainees and ongoing investigations already exist, alongside growing societal pressure demanding accountability and rejecting prolonged delays, which places both judicial and political authorities before a dilemma of timing and legal legitimacy.
The report analyzes three main scenarios:
The first scenario entails the immediate commencement of trials on the basis of existing Syrian law, supplemented by reliance on ratified international treaties. This approach is driven by time constraints and societal and political pressure; however, it raises significant legal concerns related to the principle of legality in criminal law, the capacity of the Syrian judiciary to harmonize domestic and international norms, and the risk of institutional disruption.
The second scenario is based on waiting until a new parliament is formed and a law is enacted or amended to criminalize the violations of the former Assad regime and prescribe penalties accordingly. This would ensure clearer legislative alignment and allow for the incorporation of key concepts—such as command responsibility—within domestic law. Nevertheless, this option carries the risk of eroding public trust in the government due to delays in the delivery of justice.
The report proposes a third, alternative option consisting of launching symbolic and limited trials against prominent figures as a middle-ground solution that balances societal demands for accountability with the requirements of legal and institutional construction. While acknowledging the constitutional and legal controversies this option may entail, the report concludes that the optimal decision ultimately depends on the ability of decision-makers to minimize risks and maximize gains within an exceptionally complex transitional context.
To read the full report click here (Arabic)
مدير وحدة التوافق والهوية المشتركة يحمل إجازة في الحقوق وحاصل على شهادة الماجستير في القانون العام، ناشط في المجتمع المدني والمجال الحقوقي وقدم عدداً من البرامج التدريبية
