Landmark Syria torture case underway at International Court of Justice
The International Court of Justice (ICJ) has commenced proceedings to address allegations of a widespread and brutal torture system in Syria.
The case, jointly filed by the Netherlands and Canada, accuses Syria of maintaining a pervasive torture system responsible for the deaths of tens of thousands of individuals. This marks the first instance of Damascus facing international judges in relation to the protracted civil war ongoing since 2011.
Canada and the Netherlands have presented deeply disturbing allegations, describing victims enduring unimaginable physical and mental anguish due to abhorrent treatment in detention, inhumane detention conditions, and sexual and gender-based violence. They further assert that prisoners currently held in Syrian facilities are at immediate risk of severe physical or mental harm. The submission to the court alleges widespread instances of rape, mutilation, beheadings, and the reprehensible use of chemical weapons to terrorize and punish civilians.
In response to these allegations, the Syrian government has vehemently rejected the case, labeling it as disinformation and falsehoods. A government source dismissed the allegations as lacking any credibility.
Canada and the Netherlands are urging the ICJ to take swift action, requesting that Syria halt all forms of torture and arbitrary detention, grant access to external inspectors to its prisons, and provide information to families regarding the fate of their loved ones.
Although the ICJ’s deliberations can take several years to reach a verdict, the court has the authority to issue legally binding provisional measures within weeks. An initial hearing, initially scheduled for July, was postponed by Damascus.
Ahmad Helmi, a former prisoner turned activist, has provided harrowing insights into the pervasive nature of torture in Syrian prisons, emphasizing that it occurs continuously and sometimes even for amusement. He stressed that hundreds of people die under torture each month.
Balkees Jarrah from Human Rights Watch has urged the ICJ to act swiftly, underscoring the urgent need to prevent further abuses against Syrians enduring nightmarish conditions and facing grave danger.
While individual war crimes cases related to the Syrian conflict have been pursued in some countries, there has been ongoing frustration in Western capitals due to the lack of a comprehensive international justice plan. The Dutch initiated efforts in September 2020 to hold Syria accountable for alleged violations of the UN Convention against Torture, with Canada joining the case in March of the following year.
The International Criminal Court (ICC), also based in The Hague and dealing with war crimes, has been unable to address the Syrian situation because Syria never ratified the Rome Statute, the court’s founding treaty. Additionally, in 2014, Russia and China vetoed a UN Security Council resolution seeking to refer the Syrian situation to the ICC.
This case has regained international attention following Syrian President Bashar al-Assad’s return to the global stage in May when he attended an Arab League summit. Human Rights Watch has described these hearings as a “watershed” moment, hoping they will shed light on Assad’s reemergence from isolation.
Activist Ahmad Helmi acknowledged the slim likelihood of Syria, deemed a “rogue state,” accepting any ICJ decisions. Nevertheless, he emphasized the importance of any ruling for the victims and their families, stating that it would carry the weight of the ICJ’s authority in condemning the ongoing torture.
He added that those seeking to normalize relations with the Syrian regime would have to contend with the label of associating with a state engaged in systemic torture.