Transitional Justice in Syria: Challenges and Prospects

Introduction:

Syria has witnessed a bloody conflict for many years. After the Syrian regime resorted to a security solution to confront popular demonstrations, which grew and intensified until they escalated. After the armed struggle that prompted this security solution unleashed, Syria entered a spiral that left behind massive destruction and heavy human losses. In light of this bitter reality, the issue of transitional justice emerges as one of the most important challenges facing Syrian society in the post-conflict phase, especially given the international discourse today about normalization with the Syrian “state” after efforts to divide the Syrian pie from foreign countries intervening in the conflict.

Transitional Justice:

Transitional justice is a set of measures and initiatives undertaken by countries emerging from prolonged conflicts or authoritarian regimes, with the aim of addressing the negative effects of this period and transitioning to a more democratic and just society. It includes a set of mechanisms such as uncovering the truth through the establishment of commissions of inquiry and documenting past violations; accountability through the prosecution of those responsible for the crimes committed; reparative justice through the provision of compensation to victims; institutional reform through the reform of government institutions and the judiciary to ensure that violations are not repeated in the future; and genuine reconciliation—not what the Assad government is currently doing—through building trust among various segments of society.
Thus, transitional justice will gain critical importance in the Syrian context for several reasons:

1. Stopping the cycle of violence: Transitional justice contributes to this by breaking the cycle of violence by addressing its causes and punishing the perpetrators of crimes.
2. Building trust among various segments of society: contributing to achieving national reconciliation.
3. Strengthening democracy, the rule of law, and human rights: and building a state of institutions.
   4- Preventing the recurrence of violations by addressing their causes: Transitional justice contributes to preventing their recurrence in the future.

Challenges Facing Transitional Justice in Syria:
According to a survey we conducted at the Political Bureau of the Syrian Future Movement inside Syria (edited), which included 200 young men and women, equally divided between the ages of 20 and 30, the following was revealed:

1. 87% agree with the implementation of transitional justice.
2. 45% believe that transitional justice is the true and sufficient solution to the Syrian crisis. 30% believe it is ineffective on its own without external intervention. 25% see no benefit or potential for success in transitional justice.
3. 95% believe that the obstacle to implementing transitional justice is the Syrian regime’s mentality alone. 2% believe that the obstacle is some intervening countries, and 3% believe that the obstacle is represented by the de facto authorities.

According to this survey, the challenges facing the transitional justice process in Syria are highlighted, in addition to the following:

1. The complexity of the conflict, the multiplicity of parties involved, and the complex political and field dynamics make the transitional justice process more difficult.
2. The lack of political will and absence of a full and serious commitment from the conflicting parties.
3. The continued commission of violations in some areas makes it difficult to focus on addressing past crimes.
4. The deep divisions within Syrian society also make it difficult to achieve national reconciliation.
5. The destruction of Syria’s judicial infrastructure and the displacement of judges and lawyers make it difficult to establish effective judicial mechanisms to address transitional justice issues.
6. Foreign interference in Syrian affairs also negatively impacts the transitional justice process, as some countries seek to protect their own interests without regard for the interests of the Syrian people.
7. Disputes over the nature of transitional justice: There are significant differences over the nature of transitional justice required in Syria. Some parties demand the prosecution of all perpetrators of crimes, while others believe that national reconciliation should be the priority.

Prospects for Transitional Justice in Syria:

Despite the significant challenges, there are some positive prospects for the transitional justice process in Syria. These include growing awareness among the international community and Syrian parties of the importance of transitional justice, the establishment of civil society organizations and their support for documenting violations and supporting victims, and a broad popular will to achieve justice and accountability.

How can transitional justice be implemented in Syria?
Transitional justice in Syria is a complex and multifaceted challenge, given the deep wounds left by the conflict and the multiplicity of parties involved. However, there are several steps and mechanisms that can be followed to implement transitional justice in Syria, including:

1. Establishing an independent and impartial mechanism to investigate and document violations committed during the conflict and identify those responsible.
2. Publishing detailed reports on the violations committed, including crimes against humanity, war crimes, and genocide.
3. Prosecuting those responsible for the crimes committed, whether from the Syrian regime or armed opposition groups.
4. Providing compensation to victims and providing them with psychological and social support.
5. Reforming government and judicial institutions and building new institutions capable of protecting human rights.
6. Encouraging dialogue and reconciliation among various segments of society and building trust among them.
7. Ensuring the participation of civil society and victims in all stages of the transitional justice process.

Transitional Justice and Democratic Transition:

Transitional justice and democratic transition are two sides of the same coin in countries emerging from protracted conflicts or authoritarian regimes, such as Syria. These two currencies are closely linked, as transitional justice contributes to creating favorable conditions for democratic transition and undermining the foundations that fuel conflict and division.
Thus, transitional justice can contribute to democratic transition by addressing the past, uncovering the truth, and ensuring accountability. It can also contribute to building the future by strengthening the rule of law and building democratic institutions, while unifying society through trust-building and national reconciliation.
Given the importance of transitional justice, we, in the Political Bureau of the Syrian Future Movement, recommend that it be given national prominence, championed by Syrian elites and entities. This is to raise awareness among Syrians about its importance and to pressure the international community and intervening countries not to tolerate it in their normalization process. This is to ensure that their path is realistic and that the Syrian people obtain even a small portion of their stolen rights.

Elias Abdel-Masih
Political Bureau
Research and Studies Department
Studies
Syrian Future Movement

References:

• Group of authors, Transitional Justice and Democratic Transition in Arab Countries, Volume 1: Arab and International Cases, Arab Center for Research and Policy Studies, 2022.
• Laila Al-Rutmiat, Transitional Justice in the Context of Democratic Transition: The Experiences of Germany, Spain, South Africa, and Morocco, Center for Arab Unity Studies, 2023.
• Mohammed Al-Sharqawi, Transitional Justice Priorities: The Rule of Law or Community Security?, Lubab Magazine, Al Jazeera Center for Studies, 2021.
• Panel Discussion, Transitional Justice, Center for Arab Unity Studies Headquarters, Beirut, 2013.
• International Center for Transitional Justice (ICTJ) website
• Syrians for Truth and Justice website