The Transitional Justice Authority, the Necessity of the Stage

Introduction:

Perhaps the best introduction that can be said here is that Syria urgently and effectively needs to establish and create an authority tasked with achieving transitional justice, especially in light of the current circumstances after the fall of Bashar al-Assad and the lack of transition to a legitimate government (the new administration can be considered a caretaker government).

Transitional justice is essential to ensure justice for the victims, uncover the truths about the crimes committed during the years of the revolution, and to ensure that these crimes are not repeated in the future.

Transitional justice includes a range of mechanisms such as trials, truth commissions, compensation programs, and institutional reforms, all of which aim to address serious human rights violations, promote national reconciliation, and build trust between citizens and the state.

In the Syrian case, transitional justice could play a crucial role in achieving sustainable peace and rebuilding society on the foundations of justice and equality.

It is extremely important that this authority be completely independent from the new Syrian administration and all factions, and that it includes legal professionals, lawyers, and prominent Syrian figures known for their patriotism, competence, neutrality, and integrity.

Examples and Experiences:

There are several experiences of transitional justice bodies in countries that emerged from wars without fully establishing a new state. Some of the most notable examples include:

1. South Africa: After the end of apartheid, the Truth and Reconciliation Commission was established in 1995. The commission aimed to uncover the truths about the violations that occurred during apartheid and provide recommendations for national reconciliation. Its experience can be beneficial for Syria.
2. East Germany: After the fall of the Berlin Wall in 1989, East Germany was merged with West Germany. During this period, many transitional justice mechanisms were implemented to address the violations that occurred under communist rule, despite some retaliatory excesses, which make the Syrian reality better than the German one.
3. Spain: After the death of dictator Franco in 1975, Spain transitioned to democracy without establishing an official transitional justice body, which is similar to the current situation in Syria. However, steps were taken to reform institutions and ensure that past violations would not be repeated.
4. Argentina: After the fall of the military dictatorship in the 1980s, a Truth Commission was created to document the grave human rights violations committed by the military government. This commission helped bring perpetrators to justice and compensate victims.
5. Morocco: In 2004, Morocco established the Equity and Reconciliation Commission to investigate violations that occurred during King Hassan II’s rule. The commission provided compensation for victims and recommended institutional reforms to prevent the repetition of violations.
6. Tunisia: After the Tunisian revolution in 2011, the Truth and Dignity Commission was established to investigate violations that took place from 1955 to 2013. This commission helped uncover the truths, made recommendations for institutional reforms, and compensated victims.
7. Guatemala: After the end of the civil war in 1996, the Historical Clarification Commission was established to investigate violations that occurred during the conflict. The commission helped uncover the truth and offered recommendations for national reconciliation.

Regarding Syria, there are ongoing efforts to achieve transitional justice, but they face significant challenges due to the complex political and economic situation.

It is important to study these experiences to benefit from them in the Syrian context, emphasizing the need to hasten the establishment of a transitional justice body after Assad’s fall, even if a fully legitimate government has not yet been established. Experiences like those of South Africa and East Germany have shown that transitional justice can play a crucial role in achieving national reconciliation and uncovering the truths about committed crimes, even in the absence of a fully legitimate government.

In the Syrian case, a transitional justice body could help address severe human rights violations, build trust between citizens and the state, and lay the foundations for building a sustainable and just society. However, we emphasize that it is crucial for this body to be entirely independent from the new administration and all factions, and to include legal professionals and lawyers recognized for their competence, neutrality, and integrity.

Finally, it can be said in this regard that the previous experiences with transitional justice and the establishment of an authority to carry it out demonstrate that transitional justice can play a crucial role in achieving national reconciliation and uncovering the truths about committed crimes, even in the absence of a fully legitimate government. Therefore, it is important to study these experiences to benefit from them in the Syrian context.

Mechanisms and Steps:

Establishing a transitional justice body in Syria under the current circumstances requires following a set of mechanisms that can help achieve justice and national reconciliation. The most important steps, which we consider essential and can be followed, include:

1. Forming an Independent Commission: A commission should be formed, including legal experts, human rights specialists, and representatives from civil society. It must be neutral and unlinked to any political faction to ensure its integrity and transparency.
2. Creating a National Mechanism to Document Violations: A national mechanism should be established to document all violations committed by all parties during the conflict. This could include collecting evidence and testimonies from victims and witnesses, as well as creating a comprehensive national archive to document violations.
3. Establishing National and International Mechanisms for Prosecution: Mechanisms should be created to prosecute those responsible for committing serious crimes against Syrians. This could include establishing special or mixed courts to investigate major crimes according to standards of integrity and transparency.
4. Reparations and Compensation for Victims: Providing both material and moral compensation for victims and their families, offering psychological and social support services, and preparing rehabilitation programs and professional training to help victims regain normal lives.
5. Institutional Reform: Drafting a new constitution that reflects democratic values and ensures human rights and basic freedoms for all citizens. This includes reforming laws and government institutions to enhance transparency and integrity, and to prevent future violations.
6. Launching a Comprehensive National Dialogue: A national dialogue should be launched to bring all parties together to build a consensus on the country’s future. This should include involving women and youth in designing and implementing transitional justice programs, as well as launching community reconciliation programs to rebuild relationships and foster understanding between victims and perpetrators.

These steps could help in establishing an effective transitional justice body in Syria, even under the current uncertain circumstances. It is crucial that the process be inclusive, involving all segments of society to ensure its success.

Discussion of the Negatives and Positives:

If the situation remains unchanged, and the establishment of a transitional justice body is ignored, we believe this will lead to several negatives, the most dangerous of which are:

1. Continued Violations: Without a mechanism to hold those responsible for crimes and violations accountable, these crimes may continue unchecked, fostering a culture of impunity.
2. Failure to Achieve Justice for Victims: Victims and their families may not receive the appropriate justice or compensation, exacerbating their suffering and reinforcing feelings of injustice.
3. Delay in National Reconciliation: The absence of a transitional justice body could hinder national reconciliation efforts, leading to ongoing divisions and tensions between different factions and communities.
4. Weak Trust in Institutions: The lack of transitional justice may result in diminished trust in governmental and judicial institutions, impeding efforts to rebuild the state and strengthen the rule of law.
5. Delay in Reconstruction: Without addressing past violations and achieving justice, it may be difficult to attract the necessary international investments and aid for the country’s reconstruction.
6. Recurrence of Violations: The failure to hold perpetrators accountable could lead to the repetition of these violations in the future, obstructing efforts to build a sustainable and just society.

The Importance of a Transitional Justice Body in Syria:

It is crucial to establish a transitional justice body in Syria to ensure justice, national reconciliation, and the building of a better future for all citizens. The formation of such a body can achieve many positives, the most important of which are:

1. Achieving Justice for Victims: The body can help deliver justice for victims and their families by holding those responsible for crimes and violations accountable, providing both material and moral compensation to the victims.
2. Enhancing National Reconciliation: Transitional justice can contribute to fostering national reconciliation by uncovering the truths behind crimes and violations, and initiating an inclusive national dialogue to build consensus on the future of the country.
3. Rebuilding Trust in Institutions: The body can help restore trust between citizens and the state by reforming governmental institutions and enhancing transparency and integrity in their work.
4. Preventing the Repetition of Violations: By holding perpetrators accountable, transitional justice can help prevent the recurrence of these violations in the future, promoting the rule of law and respect for human rights.
5. Attracting Investments and International Aid: Transitional justice can contribute to attracting investments and international aid necessary for the country’s reconstruction by building confidence in the country’s stability and future.
6. Promoting National Unity: Transitional justice can play a role in promoting national unity by addressing divisions and tensions between different factions and communities, building a sustainable and just society.

These positives highlight the importance of establishing a transitional justice body in Syria to achieve sustainable peace and rebuild society based on justice and equality.

Conditions and Regulations:

There is no doubt that the establishment of a body responsible for transitional justice in Syria is crucial. We claim that most Syrians we have discussed this with agree on its importance. However, we believe that the mere existence of such a body does not guarantee success. In order for a transitional justice body in Syria to be successful, several essential conditions must be met, including:

1. Independence and Neutrality: The body must be completely independent from any political or factional influence and should include legal experts and human rights specialists who are recognized for their competence and integrity.
2. Civil Society Participation: Involving civil society organizations and victims in the transitional justice process to ensure inclusivity and address the needs of all affected groups.
3. Documenting Violations: Establishing a national mechanism for documenting all violations committed by all parties during the conflict, collecting evidence and testimonies from victims and witnesses.
4. Accountability for Perpetrators: Creating national and international mechanisms for prosecuting those responsible for committing grave crimes against Syrians, based on standards of integrity and transparency.
5. Redress and Compensation for Victims: Providing material and moral compensation to victims and their families, offering psychological and social support services, as well as rehabilitation programs and vocational training.
6. Institutional Reform: Reforming laws and government institutions to enhance transparency and integrity, prevent the recurrence of violations, and drafting a new constitution that reflects democratic values and guarantees human rights and basic freedoms.
7. International Support: Securing support from the international community and international organizations to ensure the effective implementation of transitional justice and provide the necessary resources for its success.

Conclusion:

In conclusion, transitional justice is an urgent necessity for achieving sustainable peace in Syria. It contributes to redressing the harm done to victims, holding perpetrators accountable for crimes, and promoting national reconciliation.

The establishment of an independent and effective transitional justice body is a crucial step toward building a bright future for Syria, where all citizens enjoy their rights and freedoms without fear or discrimination. Through documenting violations, holding perpetrators accountable, and providing compensation to victims, transitional justice can restore trust between citizens and the state, preventing the recurrence of crimes and violations in the future. Additionally, involving civil society and securing international support enhances the likelihood of success, ensuring justice and equality for all.

At the Syrian Future Movement, we believe the time has come to take serious steps toward achieving transitional justice in Syria to ensure the protection of Syrians’ rights and build a society based on justice and equality. This process must be inclusive and transparent, rooted in human rights principles and the rule of law, to make Syria a model for achieving justice and reconciliation after conflict.

Presidency Office
Dr. Zaher Baadarani
Research and Studies Department
Studies
Syrian Future Movement

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