Transitional Justice in Syria: Challenges and Prospects

Introduction:

Syria has experienced a bloody conflict for many years, triggered by the Syrian regime’s use of security solutions in response to popular demonstrations that grew in scale and intensity. This eventually spiraled out of control as armed conflict broke out, exacerbated by the regime’s repressive measures. The country was plunged into a vortex of destruction and massive human losses. Amid this grim reality, transitional justice emerges as one of the most significant challenges facing Syrian society in the post-conflict phase, especially given the current international discussions about normalizing relations with the Syrian “state” and the external powers involved in dividing up Syria.

Transitional Justice:

Transitional justice refers to a set of measures and initiatives undertaken by countries emerging from prolonged conflicts or authoritarian regimes, aimed at addressing the negative effects of those periods and transitioning to a more democratic and just society. These measures include mechanisms such as uncovering the truth through the establishment of investigative committees to document past violations, holding perpetrators accountable through trials, compensating victims, reforming institutions, particularly the government and judiciary, to prevent future abuses, and fostering genuine reconciliation—not the superficial efforts seen by the Assad government today—by building trust among various segments of society.

In the Syrian context, transitional justice will be crucial for several reasons:

1. Ending the Cycle of Violence: Transitional justice can help break the cycle of violence by addressing its root causes and punishing those responsible for crimes.
2. Building Trust: It plays a role in fostering national reconciliation by building trust among different societal groups.
3. Promoting Democracy: It reinforces democracy, the rule of law, and human rights, contributing to the establishment of a state governed by institutions.
4. Preventing Recurrence: By addressing the causes of past violations, transitional justice helps prevent their recurrence in the future.

Challenges Facing Transitional Justice in Syria:

According to a survey conducted by the Political Office of the Syrian Future Movement (SFM) in liberated areas of Syria, involving 200 young men and women equally between the ages of 20 and 30, the following results were observed:

1. 87% support the implementation of transitional justice.
2. 45% believe that transitional justice is the true and sufficient solution to the Syrian crisis, while 30% think it is insufficient without external intervention, and 25% see no benefit or potential success in transitional justice.
3. 95% view the Syrian regime’s mindset as the main obstacle to implementing transitional justice, while 2% see external interference as the barrier, and 3% consider the de facto authorities as the impediment.

These findings highlight the challenges facing the process of transitional justice in Syria, which include:

1. Complexity of the Conflict: The involvement of multiple parties and complex political and military dynamics make the implementation of transitional justice more difficult.
2. Lack of Political Will: The complete and serious absence of political will among the warring parties poses a significant challenge.
3. Ongoing Violations: Continued violations in some areas make it difficult to focus on addressing past crimes.
4. Deep Societal Divisions: The profound divisions within Syrian society hinder the achievement of national reconciliation.
5. Destroyed Judicial Infrastructure: The destruction of Syria’s judicial infrastructure, coupled with the displacement of judges and lawyers, makes it challenging to establish effective judicial mechanisms for transitional justice.
6. Negative External Interference: External interventions in Syrian affairs negatively impact the process of transitional justice, as some countries prioritize their interests over the interests of the Syrian people.
7. Disputes Over the Nature of Transitional Justice: There are significant disagreements regarding the nature of transitional justice in Syria. Some demand that all perpetrators of crimes be prosecuted, while others prioritize national reconciliation.

Prospects for Transitional Justice in Syria:

Despite the considerable challenges, there are some positive prospects for transitional justice in Syria, such as the growing awareness within the international community and among Syrian parties about its importance. Additionally, the establishment and support of civil society organizations working to document violations and support victims, along with widespread popular will to achieve justice and accountability, contribute to these prospects.

How Can Transitional Justice Be Applied in Syria?

Transitional justice in Syria is a complex and multifaceted challenge due to the deep wounds left by the conflict and the involvement of multiple parties. However, several steps and mechanisms can be followed to implement transitional justice in Syria, including:

1. Establishing an independent and neutral mechanism to investigate and document the violations committed during the conflict and identify those responsible.
2. Publishing detailed reports on the violations, including crimes against humanity, war crimes, and genocide.
3. Prosecuting those responsible for crimes, whether from the Syrian regime or opposition armed groups.
4. Providing compensation to victims and offering 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 societal groups, 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 prolonged conflicts or authoritarian regimes, such as Syria. These processes are closely intertwined, as transitional justice helps create the conditions necessary for democratic transition by addressing the past, uncovering the truth, and holding perpetrators accountable. It also contributes to building the future by reinforcing the rule of law, establishing democratic institutions, and unifying society through trust-building and national reconciliation.

Given the importance of transitional justice, the Political Office of the Syrian Future Movement (SFM) recommends giving it national importance, championed by Syrian elites and entities, to raise awareness among Syrians about its significance and to pressure the international community and intervening countries to take it seriously in their normalization efforts. This will help ensure that the Syrian people achieve even a small portion of their stolen rights.

Elias Abd al-Masih
Political Office
Research and Studies Section
Studies
Syrian Future Movement (SFM)

References:

• Group of Authors, Transitional Justice and Democratic Transition in Arab Countries, Volume One: Arab and International Cases, Arab Center for Research and Policy Studies, 2022.
• Layla Al-Rutaimiyat, Transitional Justice in the Context of Democratic Transition: Experiences of Germany, Spain, South Africa, and Morocco, Center for Arab Unity Studies, 2023.
• Mohammed Al-Sharqawi, Priorities of Transitional Justice: The Power of Law or Community Security?, Laba Journal, Al Jazeera Center for Studies, 2021.
• Discussion Session, Transitional Justice, Arab Unity Studies Center, Beirut, 2013.
• International Center for Transitional Justice (ICTJ) Website
• Syrians for Truth and Justice Website