International Court of Justice takes On landmark Syria torture case
The International Court of Justice (ICJ) is set to hear allegations of a widespread and brutal system of torture in Syria. The case, brought forward by the Netherlands and Canada, accuses Syria of maintaining a “pervasive” torture system that has resulted in the deaths of tens of thousands of individuals.
This marks the first time Damascus faces international judges in connection with the devastating civil war that has been ongoing since 2011.
The allegations presented by Canada and the Netherlands are deeply disturbing, describing victims enduring “unimaginable physical and mental pain and suffering” due to “abhorrent treatment in detention, inhumane conditions of detention, and sexual and gender-based violence.” They also assert that prisoners currently held in Syrian prisons are at immediate risk of severe physical or mental harm. The submission to the court further alleges widespread rape of women and children, mutilation, beheadings, and the reprehensible use of chemical weapons to intimidate and punish civilians.
In response to these allegations, the Syrian government has vehemently dismissed the case as “disinformation and lies.” A government source referred to the allegations as lacking “the slightest degree of credibility.”
Canada and the Netherlands have urged the ICJ to take swift action, requesting that Syria cease all forms of torture and arbitrary detention, open its prisons to external inspectors, and provide information to families about the fate of their loved ones.
While the ICJ’s process can take several years to reach a verdict, it has the authority to issue legally binding “provisional measures” in a matter of weeks. An initial hearing, originally planned for July, was postponed by Damascus.
Ahmad Helmi, a former prisoner turned activist, shared 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 urged the ICJ to act swiftly, emphasizing the urgent need to prevent further abuses against Syrians who continue to endure nightmarish conditions and are in grave danger.
While individual war crimes cases linked to the Syrian conflict have been pursued in some countries, there has been a longstanding frustration in Western capitals regarding the absence of a broader international justice plan. The Dutch initiated efforts in September 2020 to hold Syria accountable for alleged breaches of the UN Convention against Torture, and Canada joined the case in March of the following year.
The International Criminal Court (ICC), which is also based in The Hague and deals 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 that sought to refer the Syrian situation to the ICC.
The attention on this case has been renewed following Syrian President Bashar al-Assad’s return to the international stage in May when he attended an Arab League summit. Human Rights Watch has described these hearings as a “watershed” moment, hoping they will draw attention to 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.
