Prosecution of Syrian war crimes faces hurdles of process not evidence, experts say

The participants said there are ways to overcome the hurdles but it could be a lengthy process. (AFP/File)
Short Url
Updated 18 October 2022
Follow

Prosecution of Syrian war crimes faces hurdles of process not evidence, experts say

  • It could take years for the alleged perpetrators of atrocities to be brought to trial and held accountable, the participants said
  • The meeting, hosted by the US Institute for Peace, examined the UN mechanism for collecting evidence of violations of international law and human rights

CHICAGO: A panel of experts on Monday acknowledged that the process of pursuing justice for violations of international humanitarian law and human rights during the war in Syria faces many hurdles, and even though evidence of such crimes continues to mount it could take years for alleged perpetrators to be brought to trial.

The US Institute for Peace organized the meeting, attended by Arab News, to examine the effectiveness of the International, Impartial and Independent Mechanism, which was established by the UN in 2016 to collect, preserve and analyze evidence of violations of international humanitarian law and human rights in Syria.

The participants said there are ways to overcome the hurdles but it could be a lengthy process.

“We don’t have a lot of accountability mechanisms or venues waiting,” said Mohammad Al-Abdallah, founding director of the Syria Justice and Accountability Center, which investigates and collects evidence about alleged war crimes.

“We have a lot of good efforts by some member states, by civil society, by the IIIM, by the Commission of Inquiry. But we have a lot of crimes that remain and are untouched.”

March next year will mark the 12th anniversary of the uprising in Syria that sparked a civil war that has divided the country, resulting in more than 350,000 deaths, many of them among civilians, and injured many more. In addition, 7 million people have become refugees, displaced within Syria or in other countries.

Al-Abdallah, who was imprisoned in Syria and tortured by the regime, said a combination of tragedies and war crimes in the country has resulted in the creation of a new process for pursuing efforts to ensure the individuals responsible are eventually held accountable.

“Looking for accountability efforts is not really something easy because Syria is not a member state of the Rome Statue so the ICC (International Criminal Court) could not practice jurisdiction over the crimes committed in Syria,” he said.

The Rome Statute established four core types of international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

“The Syrian government doesn’t have a great track record, or trust or even credibility, to open its own investigations inside Syria and have any domestic procedures,” Al-Abdallah told the panel.

“Although (President Bashar) Assad announced (the launch of) a commission of inquiry at the beginning of 2012, it didn't lead anywhere. It disappeared.

“The number of people killed under torture …  was astonishing — how many people ended up in detention facilities, the systematic way of killing them, the systematic way of torturing people, and also the systematic way of moving dead bodies to be buried elsewhere.”

Al-Abdallah said the alternative to the ICC is the process of “universal jurisdiction.” This is a legal principle that recognizes that some crimes are so serious that the duty to prosecute them transcends borders. But it is “limited in several ways,” he said, because of diplomatic immunity and the inability to prosecute heads of state.

He noted that even the US has previously undermined universal jurisdiction as a process, to protect American soldiers accused of killing innocent civilians in Iraq and Afghanistan.

The IIIM was created after the UN Security Council was unable to pursue a criminal investigation into alleged regime crimes committed during the conflict in Syria because the move was blocked by Russia’s power of veto.

“Since the UN General Assembly established the International, Impartial and Independent Mechanism in 2016, this first-of-its-kind investigative body has played a critical role in collecting and analyzing evidence of crimes in Syria,” said US Institute for Peace Vice President Michael Yaffe in his introduction to Monday’s event.

“This work has only become more essential as parties to the conflict have continued to subject civilians to indiscriminate attacks, unlawful detention, torture and enforced disappearance.

“Despite progress investigating and prosecuting suspected perpetrators under the principle of universal jurisdiction, accountability for international legal violations in Syria remains elusive.”

Catherine Marchi-Uhel, chairperson of the IIIM, said that despite the challenges, the process of collecting war crime data is beneficial and it could result in prosecutions and put pressure on the Syrian regime to stand accountable for its actions.

She said the IIIM collects, consolidates, preserves and analyzes evidence of violations of international humanitarian law and human rights violations in Syria, and works to share that data, when possible, to help families determine the events that led to the disappearance of their loved ones.

Marchi-Uhel said the IIIM has “received 229 requests for assistance from competent jurisdiction, which relates to 187 different investigations.”

Beth Van Schaack, ambassador-at-large for Global Criminal Justice at the US Department of State, said that efforts are being made to secure ICC jurisdiction for investigations into war crimes in Syria.

Al-Abdallah noted that US policies on Syria are limited to sanctions, and that efforts are being made to get the Syrian regime to assist in identifying the status of those who have disappeared.


Turkiye says to apply to intervene in ICJ genocide case against Israel

Updated 4 sec ago
Follow

Turkiye says to apply to intervene in ICJ genocide case against Israel

  • Ankara steps up measures against Israel over its assault on Gaza, which has killed more than 35,000 people
ANKARA: Foreign Minister Hakan Fidan said on Tuesday that Turkiye decided to submit its declaration of official intervention in South Africa’s genocide case against Israel at the International Court of Justice (ICJ).
Earlier this month Fidan announced the decision to join the case launched by South Africa as Ankara steps up measures against Israel over its assault on Gaza, which has killed more than 35,000 people and launched after militant group Hamas’ Oct. 7 rampage.
“We condemned civilians being killed on October 7,” he told a press conference with his Austrian counterpart.
“But Israel systematically killing thousands of innocent Palestinians and rendering a whole residential area uninhabitable is a crime against humanity, attempted genocide, and the manifestation of genocide,” he added.
A foreign ministry official said Turkiye had not yet submitted the formal application to the ICJ.
The World Court will hold hearings on Thursday and Friday to discuss new emergency measures sought by South Africa over Israel’s attacks on Rafah during the war in Gaza, the tribunal said Monday.
The hearings on May 16 and 17 will deal with South Africa’s request to the court to order more emergency measures against Israel over its attacks on Rafah, the tribunal added, part of an ongoing case which accuses Israel of acts of genocide against Palestinians.
Israel has previously said it is acting in accordance with international law in Gaza, and has called South Africa’s genocide case baseless and accused Pretoria of acting as “the legal arm of Hamas.”

Lebanon resumes ‘voluntary’ repatriations of Syrians

Updated 59 min 17 sec ago
Follow

Lebanon resumes ‘voluntary’ repatriations of Syrians

  • Vans and small trucks gathered in the Arsal area near the border early in the morning to ferry home the returnee
  • Human rights group Amnesty International said at the time that Lebanese authorities were putting Syrians at risk of “heinous abuse and persecution upon their return,”

Beirut: Beirut repatriated several hundred Syrians on Tuesday in coordination with Damascus, an AFP photographer reported, as pressure mounts in cash-strapped Lebanon for the hundreds of thousands refugees to go home.
Vans and small trucks gathered in the Arsal area near the border early in the morning to ferry home the returnees, the photographer said.
The vehicles were piled high with mattresses and other belongings and some were even accompanied by livestock.
“I’m going back alone for the moment, in order to prepare for my family’s return,” said a 57-year-old man originally from Syria’s Qalamun area, declining to be identified by name.
“I am happy to go back to my country after 10 years” as a refugee, he told AFP.
Around 330 people had registered to be part of the “voluntary return,” Lebanon’s official National News Agency (NNA) said.
Syrian state news agency SANA reported an unspecified number of people arrived from Lebanon as part of the initiative.
Lebanon, which has been mired in a crushing economic crisis since late 2019, says it hosts around two million Syrians, the world’s highest number of refugees per capita, with almost 785,000 registered with the United Nations.
Earlier this month, the European Union announced $1 billion in aid to Beirut to help stem irregular migration to the bloc, but in Lebanon the package has been criticized for failing to meet growing public demands for Syrians to leave.
Parliament is set to hold a session on Wednesday to discuss the EU assistance.
Lebanon began the “voluntary” return of small numbers of Syrians in 2017 based on lists sent to the government in Damascus, with the last such group crossing the border in 2022.
Human rights group Amnesty International said at the time that Lebanese authorities were putting Syrians at risk of “heinous abuse and persecution upon their return,” adding that the refugees were “not in a position to take a free and informed decision about their return.”
On Monday, Hezbollah chief Hassan Nasrallah urged Lebanese authorities to open the seas for migrant boats to put pressure on the European Union, whose easternmost member, Cyprus, is less than 200 kilometers away.


Red Cross sets up Rafah emergency field hospital

Updated 14 May 2024
Follow

Red Cross sets up Rafah emergency field hospital

  • Staff at the new facility will be able to treat around 200 people a day and can provide emergency surgical care

GENEVA: The International Red Cross and partners are opening a field hospital in southern Gaza on Tuesday to try to meet what it described as “overwhelming” demand for health services since Israel’s military operation on Rafah began last week.
Some health clinics have suspended activities while patients and medics have fled from a major hospital as Israel has stepped up bombardments in the southern sliver of Gaza where hundreds of thousands of uprooted people are crowded together.
“People in Gaza are struggling to access the medical care they urgently need due, in part, to the overwhelming demands for health services and the reduced number of functioning health facilities,” the International Committee of the Red Cross said. “Doctors and nurses have been working around the clock, but their capacity has been stretched beyond its limit.”
Staff at the new facility will be able to treat around 200 people a day and can provide emergency surgical care and manage mass casualties as well as provide pediatric and other services, the ICRC said.
“Medical staff are faced with people arriving with severe injuries, increasing communicable diseases which could lead to potential outbreaks, and complication related to chronic diseases untreated that should have been treated days earlier.”
The ICRC will maintain medical supplies to the facility while the Red Cross societies from 11 countries including Canada, Germany, Norway and Japan are providing staff and equipment.


Israel’s Rafah attack set Hamas talks ‘backward’: Qatar PM tells forum

Updated 14 May 2024
Follow

Israel’s Rafah attack set Hamas talks ‘backward’: Qatar PM tells forum

  • Emir says Israel looks set to stay in Gaza waging war

DOHA, QATAR: Israel’s military operation in Rafah has set truce negotiations with Hamas “backward,” mediator Qatar said on Tuesday, adding that talks have reached “almost a stalemate.”
“Especially in the past few weeks, we have seen some momentum building but unfortunately things didn’t move in the right direction and right now we are on a status of almost a stalemate,” Prime Minister Mohammed bin Abdulrahman Al-Thani told the Qatar Economic Forum.
“Of course, what happened with Rafah has set us backward.”
Qatar, which has hosted Hamas’s political office in Doha since 2012, has been engaged — along with Egypt and the United States — in months of behind-the-scenes mediation between Israel and the Palestinian militant group.
Israel continued to fight Hamas in Rafah on Monday, despite US warnings against a full-scale assault on the south Gaza city that is crowded with displaced Palestinians.
“There is no clarity how to stop the war from the Israeli side. I don’t think that they are considering this as an option... even when we are talking about the deal and leading to a potential ceasefire,” Sheikh Mohammed said.
Israeli politicians were indicating “by their statements that they will remain there, they will continue the war. And there is no clarity on what Gaza will look like after this,” he added.


Nakba: Palestinians mark 76 years of dispossession as a potentially even larger catastrophe unfolds in Gaza

Updated 14 May 2024
Follow

Nakba: Palestinians mark 76 years of dispossession as a potentially even larger catastrophe unfolds in Gaza

  • In Gaza, the refugees and their descendants make up around three-quarters of the population
  • Now, many Palestinians fear a repeat of their painful history on an even more cataclysmic scale

JERUSALEM: Palestinians on Wednesday will mark the 76th year of their mass expulsion from what is now Israel, an event that is at the core of their national struggle. But in many ways, that experience pales in comparison to the calamity now unfolding in Gaza.
Palestinians refer to it as the “Nakba,” Arabic for “catastrophe.” Some 700,000 Palestinians — a majority of the prewar population — fled or were driven from their homes before and during the 1948 Arab-Israeli war that followed Israel’s establishment.
After the war, Israel refused to allow them to return because it would have resulted in a Palestinian majority within its borders. Instead, they became a seemingly permanent refugee community that now numbers some 6 million, with most living in slum-like urban refugee camps in Lebanon, Syria, Jordan and the Israeli-occupied West Bank.
In Gaza, the refugees and their descendants make up around three-quarters of the population.
Israel’s rejection of what Palestinians say is their right of return has been a core grievance in the conflict and was one of the thorniest issues in peace talks that last collapsed 15 years ago. The refugee camps have always been the main bastions of Palestinian militancy.
Now, many Palestinians fear a repeat of their painful history on an even more cataclysmic scale.
All across Gaza, Palestinians in recent days have been loading up cars and donkey carts or setting out on foot to already overcrowded tent camps as Israel expands its offensive. The images from several rounds of mass evacuations throughout the seven-month war are strikingly similar to black-and-white photographs from 1948.
Mustafa Al-Gazzar, now 81, still recalls his family’s monthslong flight from their village in what is now central Israel to the southern city of Rafah, when he was 5. At one point they were bombed from the air, at another, they dug holes under a tree to sleep in for warmth.
Al-Gazzar, now a great-grandfather, was forced to flee again over the weekend, this time to a tent in Muwasi, a barren coastal area where some 450,000 Palestinians live in a squalid camp. He says the conditions are worse than in 1948, when the UN agency for Palestinian refugees was able to regularly provide food and other essentials.
“My hope in 1948 was to return, but my hope today is to survive,” he said. “I live in such fear,” he added, breaking into tears. “I cannot provide for my children and grandchildren.”
The war in Gaza, which was triggered by Hamas’ Oct. 7 attack into Israel, has killed over 35,000 Palestinians, according to local health officials, making it by far the deadliest round of fighting in the history of the conflict. The initial Hamas attack killed some 1,200 Israelis.
The war has forced some 1.7 million Palestinians — around three quarters of the territory’s population — to flee their homes, often multiple times. That is well over twice the number that fled before and during the 1948 war.
Israel has sealed its border. Egypt has only allowed a small number of Palestinians to leave, in part because it fears a mass influx of Palestinians could generate another long-term refugee crisis.
The international community is strongly opposed to any mass expulsion of Palestinians from Gaza — an idea embraced by far-right members of the Israeli government, who refer to it as “voluntary emigration.”
Israel has long called for the refugees of 1948 to be absorbed into host countries, saying that calls for their return are unrealistic and would endanger its existence as a Jewish-majority state. It points to the hundreds of thousands of Jews who came to Israel from Arab countries during the turmoil following its establishment, though few of them want to return.
Even if Palestinians are not expelled from Gaza en masse, many fear that they will never be able to return to their homes or that the destruction wreaked on the territory will make it impossible to live there. A recent UN estimate said it would take until 2040 to rebuild destroyed homes.
The Jewish militias in the 1948 war with the armies of neighboring Arab nations were mainly armed with lighter weapons like rifles, machine guns and mortars. Hundreds of depopulated Palestinian villages were demolished after the war, while Israelis moved into Palestinian homes in Jerusalem, Jaffa and other cities.
In Gaza, Israel has unleashed one of the deadliest and most destructive military campaigns in recent history, at times dropping 2,000-pound (900-kilogram) bombs on dense, residential areas. Entire neighborhoods have been reduced to wastelands of rubble and plowed-up roads, many littered with unexploded bombs.
The World Bank estimates that $18.5 billion in damage has been inflicted on Gaza, roughly equivalent to the gross domestic product of the entire Palestinian territories in 2022. And that was in January, in the early days of Israel’s devastating ground operations in Khan Younis and before it went into Rafah.
Even before the war, many Palestinians spoke of an ongoing Nakba, in which Israel gradually forces them out of Gaza, the West Bank and east Jerusalem, territories it captured during the 1967 war that the Palestinians want for a future state. They point to home demolitions, settlement construction and other discriminatory policies that long predate the war, and which major rights groups say amount to apartheid, allegations Israel denies.