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Syria: World Court Begins Watershed Torture Case
Urgent Measures Sought to Stop Abuses
October 9, 2023 1:00AM EDT
The International Court of Justice (ICJ) is set to hold hearings on October 10 and 11, 2023, to address the issue of state-sponsored torture in Syria since 2011. This case, brought by the Netherlands and Canada, alleges that Syria is in violation of the international Convention Against Torture. The case encompasses a range of human rights abuses, including unlawful treatment of detainees, inhumane detention conditions, enforced disappearances, sexual and gender-based violence, violence against children, and the use of chemical weapons.
This watershed case is not a criminal proceeding against individuals but seeks a legal determination of state responsibility for torture. Human Rights Watch has emphasized the significance of these hearings in advancing justice and holding the Syrian government accountable for heinous torture practices against countless civilians. In addition, the organization has called on the World Court to urgently implement measures that would prevent further abuses against the Syrian population, which continues to suffer under nightmarish conditions.
Importance of the Case
The case brought forth by the Netherlands and Canada provides a crucial opportunity to shed light on Syria‘s long-standing torture practices. It is essential to scrutinize the systematic abuse and suffering endured by civilians to ensure that justice is served. The World Court has a responsibility to address these grave violations and take necessary action to protect Syrians who are currently in serious jeopardy.
While the case may take several years to reach a final ruling, the Netherlands and Canada have requested provisional measures from the court to halt ongoing violations and support future accountability proceedings. The hearings will focus on arguments regarding these interim measures.
The Request for Provisional Measures
The Netherlands and Canada have emphasized the need for urgent provisional measures due to the substantial risk of continued torture and other forms of cruel treatment in Syria. They assert that the Syrian government has not demonstrated any intention to prevent these violations. The requested provisional measures include:
- Effective measures to cease and prevent all acts of torture and other cruel, inhuman, or degrading treatment or punishment
- Preservation of evidence related to the case
- Disclosure of the locations of burial sites of people who died from torture
- Release of arbitrarily or unlawfully detained individuals
- End to incommunicado detention
- Access for independent monitors and medical personnel to official and unofficial detention sites
If granted, these provisional measures would be legally binding on Syria, but would not prejudge the merits of the case. The Netherlands and Canada have also requested that Syria report periodically on steps taken to carry out the provisional measures order.
International Response and Implications
Despite Syria‘s record of serious crimes and continued abusive practices, several Arab countries, including the United Arab Emirates and Jordan, have rushed to normalize relations with the Syrian government. Human Rights Watch argues that the ICJ case should prompt governments to reconsider their decisions to resume regular relations without addressing Syria‘s torture and other abuses.
The ICJ case can potentially trigger further proceedings and inform ongoing prosecutions against individual suspects in national courts. Efforts to bring those responsible for torture and other atrocities in Syria before European courts have already shown some promise, with courts in Germany, Sweden, and France beginning to hold accountable individuals involved in these crimes.
The Road to Comprehensive Justice
Comprehensive justice for the unchecked atrocities in Syria has been largely elusive. Syria is not a member of the International Criminal Court, and efforts to give the court jurisdiction over serious crimes in Syria have been blocked. In response to this, UN member countries established an investigative team to gather evidence for future prosecutions.
The ICJ case represents a significant step towards ensuring accountability and justice for victims and survivors of grave abuses committed in Syria over the past decade. It highlights the urgency in addressing ongoing human rights violations and preventing further suffering.
As the hearings unfold, it is important for the international community to stand in solidarity with the Syrian people and support efforts to hold the Syrian government responsible for its torture practices. By demanding justice and pushing for accountability, we can work towards ending impunity for human rights abuses and ensuring a safer and more just world.
<< photo by Nils >>
The image is for illustrative purposes only and does not depict the actual situation.