Syria's Continued Violations of International Law: A Humanitarian Crisis Unfolds

On Wednesday, "Human Rights Watch" issued a report highlighting that the Syrian regime has violated the International Court of Justice's order from a year ago, which mandated the regime to take all necessary measures to prevent acts of torture throughout the country.

The court issued provisional measures on November 16, 2023, in a case brought by the Netherlands and Canada against the regime, claiming violations of the "Convention Against Torture."

Human Rights Watch reaffirmed that Syrians remain at risk of enforced disappearances, deaths under torture, and horrific detention conditions. One year after the International Court's order, Human Rights Watch published an article focusing on the efforts of Syrians to achieve accountability for ongoing violations.

Bilqis Jarrar, the assistant director of the International Justice Program at Human Rights Watch, stated, "Syrian officials are still arresting people in detention centers notorious for torture." Despite the challenges, the determination of Syrian families and survivors to fight for justice persists—whether through the highest court in the world or other means.

The case, filed in June 2023, outlines the unlawful treatment of detainees, inhumane detention conditions, enforced disappearances, sexual violence and gender-based violence, violence against children, and the use of chemical weapons as evidence that the Syrian government is violating the Convention Against Torture. The case is not a criminal prosecution against individuals, but rather seeks a legal delineation of state responsibility for torture.

Human Rights Watch and other human rights organizations, along with a UN-ordered investigation, indicate that the Syrian regime continues to violate these principles, defying the international court's order.

The Human Rights Watch report references a study by the "Syrian Network for Human Rights" from August 2024, which documented at least 43 deaths attributable to torture since the International Court's order was issued. In its latest reports covering the period from late 2023 to July 2024, the UN Independent International Commission of Inquiry on the Syrian Arab Republic noted that the Syrian government continues to "commit acts of torture and ill-treatment against individuals detained by the state, including practices that lead to deaths during detention."

Separately, the UN Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment stated in July that "available information suggests that torture continues to be widely practiced (...) in detention centers run by the Syrian government." The UN expert described the Syrian regime's response to requests for information regarding ongoing violations and measures taken to implement the court's order as "inadequate," since it did not specifically respond to any of the claims.

The International Court of Justice directed the Syrian regime to take measures to ensure the preservation of any evidence related to torture or other prohibited acts. However, Syrian NGOs and the UN investigative committee have expressed concern that the regime's recent legislative move to dissolve military field courts in the country might be an attempt to eliminate or conceal evidence of a long list of violations, including torture.

Canada and the Netherlands have until February 3, 2025, to submit their main written arguments in their case against the Syrian regime. The temporary measures ordered by the court do not prejudge the merits of the allegations that the Syrian regime has violated the provisions of the Convention Against Torture.

The Syrian regime has consistently denied allegations of torture, despite years of evidence reported by UN bodies and independent NGOs, including Human Rights Watch, which have found that crimes occurring in Syrian detention facilities constitute crimes against humanity.

The report also noted that while several European governments have claimed that parts of Syria are safe for the return of refugees, research conducted by Human Rights Watch and others indicates otherwise.

Human Rights Watch emphasized that countries hosting Syrian refugees must immediately cease any forced repatriations or processes that do not respect due process or any plan to facilitate or incentivize such returns.

They further asserted that immigration policies pressuring Syrians to return home contradict court rulings in EU member states, which have found the Syrian regime responsible for torture and other violations that constitute crimes against humanity and war crimes. These cases are made possible by laws that recognize universal jurisdiction over some of the most serious crimes under international law.