Geneva - It is necessary that Syria attain transitional justice and uphold the rights of all people and groups who have endured numerous grave abuses over the years, particularly since 2011 and during the more than 13-year-long conflict.
During the internal conflict that ensued after the popular revolution, Syrians experienced grave violations of international humanitarian law and human rights law. The Syrian government committed war crimes and crimes against humanity against Syrians, such as torture, murder, persecution, and enforced disappearance, both inside and outside Syrian prisons, and created an unparalleled humanitarian crisis for millions of Syrian refugees worldwide.
In order to promote reconciliation and prevent further abuses, transitional justice is crucial as it involves eschewing retaliation, acknowledging victims, boosting public trust in government agencies, and bolstering the rule of law and respect for human rights.
To ensure accountability and foster societal reconciliation, it is crucial to document human rights violations and crimes and to expose the truth. Legal accountability can then be achieved by prosecuting those responsible for international crimes in national and international courts with jurisdiction, and by using the principle of universal jurisdiction. This principle permits states to take legal action against those accused of committing crimes, regardless of the location of the crime or the nationality of the victim or perpetrator, ensuring that those responsible do not escape punishment.
In order to ensure the establishment of a state of law that complies with human rights standards, full institutional reforms must be implemented in Syria, including reforming the country's security and judicial systems. In addition, victims must be compensated materially and morally, including by receiving medical and psychological services.
Additionally, transitional justice should prioritise national reconciliation by arranging community discussions involving all Syrians; calling for an official apology from those who committed the violations; emphasising human rights education and awareness-raising to prevent future abuses; and encouraging a culture of respect for the law and the rule of justice in Syria.
To stop these violations from happening again, it is crucial to include the local community in the development of transitional justice plans and to create long-lasting systems to accomplish both national reconciliation and criminal accountability.
Under international auspices, a political dialogue process involving Syrian parties from all political, sectarian, and ethnic orientations must be initiated in order to rebuild the Syrian state. This dialogue must include refugees and marginalised communities and aim to reach an agreement permitting the formation of a transitional government that represents all Syrian parties. Comprehensive approaches are needed on all fronts—political, economic, and social.
The creation of a new Syrian state constitution is a crucial first step in establishing a democratic and civil state that upholds human rights. It is also important to amend legal provisions that may have been used to bolster the previous regime's power at the expense of individual liberties and fundamental rights. Constitutional reform must guarantee the separation of powers, which ensures that the legislative, executive, and judicial branches are independent and function within a framework of accountability and balance, as well as explicit protections for human rights, including the rights of women, children, and minorities, and equality of all before the law.
In addition to addressing the effects of the war, the new constitution should establish a more pluralistic and equitable society as a move towards the rule of law. In order to do this, the Syrian people must be given the freedom to exercise their right to self-determination and freely select their representatives without outside intervention. This will be accomplished by holding free and fair elections under the watchful eye of an impartial body, making sure that all facets of Syrian society participate, which will help secure the political legitimacy of the new government and foster trust between the various Syrian factions while protecting Syrians' civil and political rights.
Roads, schools, and hospitals must be rebuilt, along with small projects to ensure sustainable growth of the local economy. Programmes for survivors' psychological and social recovery must also be established, and refugees and displaced people must be integrated into society through education and employment opportunities that will protect Syrian citizens' social, economic, and cultural rights.
The international community must take a proactive stance in aiding Syria's transition to transitional justice and institutional reforms by offering financial and humanitarian assistance, helping to hold those responsible accountable, and fostering national unity.
