Article

Seeking international criminal justice in Syria

Annika Jones

• International law studies, Vol. 89, 2013, p. 802-816

English

Source : https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=1019&context=ils (last accessed on 22.06.2020)

In light of the many and serious offences that have taken place during recent hostilities in Syria, the author concludes that prosecuting war crimes and crimes against humanity will require the use of both domestic and international courts. She contends that Syria’s domestic courts have potential for greater impact within the Syrian population but could suffer from a lack of capacity and allegations of bias. The International Criminal Court (ICC) is suited for prosecuting high-profile perpetrators who may be more politically charged. However, since Syria is not a party to the Rome Statute there would be difficulties in bringing a Syrian case to the ICC. A UN Security Council referral is one solution, but some permanent members have expressed a lack of support for such a referral. An ad hoc international criminal justice tribunal, like that established for Yugoslavia or Rwanda, is a less attractive option than using the ICC, since it would still require a UN Security Council agreement, and would be less economically efficient. Finally, since war crimes and crimes against humanity are subject to universal jurisdiction, third-party State courts, could act, but they would likely encounter evidentiary difficulties. The author concludes that not only do both international and domestic courts seem necessary to ensure justice, but an involvement of international courts would also likely benefit Syria’s domestic courts through the exchange of experience. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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• International law studies
• International law studies [Vol. 89, 2013]