Syria’s fragile path to justice


Syrians searching for clues about missing friends and relatives at the infamous Sednaya prison. — ©2025 The New York Times Company

THE downfall of Syria’s 54-year Assad regime has unleashed a torrent of dark revelations.

Prisons have emptied, exposing the instruments of torture used against peaceful protesters and those deemed enemies of the state.

Stacks of official documents record the fate of thousands of detainees, while morgues and mass graves reveal the broken bodies of victims. Yet many others remain unaccounted for.

For these atrocities, Syrians demand justice.

The rebel alliance that ousted President Bashar Assad in December has vowed to prosecute senior regime figures for crimes, including mass killings, wrongful imprisonment, torture and chemical attacks.

“Most Syrians believe they can only close this chapter when they bring these individuals to justice,” said Ayman Asfari, chair of Madaniya, a network of Syrian human rights groups.

However, accountability in a nation as battered, divided and vulnerable as Syria will be an enormous challenge.

Leveraging the Asean chair for progress

The experiences of other countries in the region – Egypt, Iraq and Tunisia – show how difficult it is to achieve comprehensive and lasting justice after the collapse of despotic regimes.

Distinct hurdles

Syria’s situation comes with unique obstacles.

The new leaders predominantly hail from the Sunni Muslim majority, while the Assad regime’s upper echelons were dominated by the Alawite minority.

Prosecutions targeting Assad-era officials risk inflaming sectarian tensions.

Decades of authoritarian rule have left Syria’s justice system ill-equipped to handle complex human rights cases.

Thousands of Syrians could be implicated in regime abuses, far more than could feasibly be prosecuted, raising thorny questions about how to deal with lower-level collaborators.

Meanwhile, nine in 10 Syrians live in poverty.

Cities lie in ruins, and basic services like electricity and water are unstable. Years of war, sanctions and mismanagement have left the nation in tatters, complicating efforts to transition to a new government.

“These processes take time; they never happen overnight,” said Nerma Jelacic of the Commission for International Justice and Accountability, which has been gathering evidence against Syrian regime figures for years.

Still, the transitional authorities in Damascus are under immense pressure to act.

“We will not relent in holding accountable the criminals, murderers and officers involved in torturing the Syrian people,” Syria’s de facto leader, Ahmad al-Sharaa, declared on Telegram, promising to publish a list of implicated officials.

Challenges in prosecution

Tracking down high-ranking figures will be a daunting task.

Assad has found refuge in Russia, which is unlikely to extradite him. Many of his top associates have gone into hiding, reportedly in Lebanon or the UAE.

Syrian human rights groups in exile have laid some groundwork, collecting evidence for prosecutions in international courts and, one day, within Syria.

But Fernando Travesi, executive director of the International Centre for Transitional Justice, warned that rushing into trials without first earning public trust could backfire.

“Any process of truth, justice and accountability needs to come from institutions that have legitimacy and credibility,” Travesi said.

Without this foundation, accountability efforts risk being seen as politically driven or selective.

The transitional government must prioritise rebuilding trust by addressing everyday concerns.

Basic but crucial steps include helping refugees obtain identification, adjudicating disputes over stolen or occupied property, and ensuring access to electricity and water.

Delivering humanitarian aid and jump-starting the economy – tasks that will likely require international assistance – are also vital.

Lessons from history

The post-Assad government can learn from the missteps of others.

After Saddam Hussein’s overthrow in Iraq in 2003, sweeping purges of former ruling party members undermined trust in the new system.

Tunisia’s failure to deliver economic progress after its 2011 revolution left many disillusioned, paving the way for authoritarian backsliding.

“Providing services shows people that the government is not a tool for repression but is taking care of their needs,” Travesí said.

Experts also emphasise the need for an inclusive approach.

“The only way to heal wounds is to ensure fair representation,” Asfari noted, stressing the importance of protecting minority rights and granting amnesty to lower-level officials coerced into serving Assad’s regime.

However, slow-moving justice can have dangerous consequences.

Scattered reports of revenge killings and threats against minorities highlight the risk of unchecked retribution.

Prolonged delays in official accountability may lead angry individuals to take matters into their own hands, deepening divisions and sparking cycles of violence.

Laying the groundwork

Before trials begin, Syria must reform its police and judiciary, establishing mechanisms to handle human rights violations. This could include a special tribunal for the most egregious crimes.

Equally urgent is uncovering the fate of the estimated 136,000 Syrians who remain missing and identifying bodies in mass graves.

Yet evidence crucial for prosecutions faces its own risks. In the chaos following Assad’s fall, regime archives have been ransacked, looted or burned.

Wartime sanctions complicate efforts to safeguard documents and other materials that could be pivotal in court.

A broader reckoning with the Assad regime’s legacy is also needed, Jelacic said. Accountability efforts should aim to heal divisions rather than exacerbate them.

A balancing act

Syria’s transitional leaders are walking a tightrope, balancing the immediate need for justice with the long-term goal of reconciliation.

Any missteps could derail their efforts, further destabilising a nation yearning for peace and stability after decades of suffering.

“Justice has to be a good process,” said Stephen Rapp, a former international prosecutor. “Otherwise, it will look like score-settling.”

If done right, he added, it can play a key role in defusing tensions and building a more unified Syria. — ©2025 The New York Times Company

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