Transitional Justice in post-war Syria: A Path to Healing

This past December, the Hayat Tahrir al-Sham (HTS) and other allied militant groups launched a lightning offensive across Syria, resulting in the collapse of the regime of Bashar al-Asad, marking an end to the Syrian Civil War.[1] Almost overnight, 14 years of conflict and 54 years of tyrannical rule ended. The conflict resulted in an estimated 620,000 deaths,[2] 7 million internally displaced people, and over 5 million refugees residing in foreign countries.[3]  Over 70 percent of the population requires humanitarian assistance, the country lacks a system resembling a functioning economy, and state institutions have collapsed.[4]

The lasting images of the Syrian Civil War will be residential neighborhoods being bombed and gassed by the government, appalling atrocities committed by the so-called Islamic State, and freed prisoners exposing the world to 54 years of oppression and horror. State, nonstate, and international actors are accused of war crimes, including torture, chemical weapons attacks, and violence against civilians.[5] These atrocities have scarred and traumatized the Syrian people, which will reverberate for decades to come. The victims of these atrocities demand that the new governing authorities deliver them justice and hold the perpetrators accountable for their crimes.[6] Currently, faith in state institutions is non-existent, and Syrians are hesitant to trust the new transitional government.[7] Justice and restoring faith in state institutions and healing communities requires the international community to help implement a transitional justice system.

Transitional justice holds perpetrators accountable for their crimes, helps society heal, and bridges societal transformation.[8] Transitional justice has historically involved truth-seeking, accountability, reconciliation, and institutional reforms.[9] Truth-seeking aims to uncover the extent of human rights violations, often achieved through public hearings, allowing victims to tell their stories and establish an accurate record of events.[10] Accountability involves holding tribunals to prosecute the worst offenders, bringing them to justice, and giving some closure to victims.[11] Institutional reforms aim to fix failed institutions, often leading to conflict, and help restore the public’s faith in them.[12] Reconciliation uses educational programs and community-building initiatives to foster dialogue and help communities focus on healing. [13]

Two notable examples of successful transitional justice initiatives are the Truth and Reconciliation Commission in South Africa and the ITCJ in the Former Yugoslavia. In 1995, after the fall of apartheid, the South African government set up the Truth and Reconciliation Commission, which offered amnesty for confessions from perpetrators.[14] The commission took testimony from victims and created a public record of the crimes of apartheid.[15] The ICTJ in former Yugoslavia prosecuted individuals for war crimes and other atrocities committed during the conflict, holding perpetrators accountable and giving justice to victims.[16]

For Syria to move past the devastation caused by the civil war, the international community should aid the current transitional government and create a credible and effective transitional justice system. The system should seek out individuals of the previous regime and prosecute them for their alleged war crimes. Such a system would allow victims to face perpetrators and hold perpetrators accountable, like the tribunal held in the former Yugoslavia. In addition, Syrians should establish a truth and reconciliation commission like in post-apartheid South Africa. A truth and reconciliation commission can give voices to Syrians and allow their stories to become part of the official public record to create an understanding of past suffering and heal broken communities. The transitional government can use these policies as building blocks to restore faith in the state and its institutions. Allowing truth and justice to prevail demonstrates that the transitional government genuinely cares for the welfare of all Syrians.

While this sounds easy, implementing a transitional justice system faces many hurdles. HTS may be resistant to having the international community create a transitional justice system; foreign state actors harbor many escaped war criminals, and many people simply want to forget and move on with their lives. In addition, a transitional justice system entirely organized and run by the international community will limit a Syrian sense of ownership over the system, which may lead to reduced participation and effectiveness. The Syrian people and transitional government must overcome these challenges to create a cohesive society.

Jack Lynch is a staff member of Fordham International Law Journal Volume XLVIII. 

[1] Syria’s Civil War Explained, N.Y. Times (Dec. 18, 2024), https://www.nytimes.com/article/syria-civil-war-rebels.html.

[2] Transitional Justice in Syria, A.B.A. (Jan. 24, 2025), https://www.americanbar.org/advocacy/global-programs/news/2025/transitional-justice-syria/

[3] U.N. Refugee Agency, Syria Refugee Crisis Explained, UNHCR (Jan. 24, 2025), https://www.unrefugees.org/news/syria-refugee-crisis-explained/#WhatisthecurrentsituationinSyria?.

[4] Cost of the Syrian Civil War by Sector, Statista (Jan. 24, 2025), https://www.statista.com/statistics/742090/cost-of-civil-war-by-sector-syria/.

[5] A.B.A., supra note 1.

[6] In Syria UN Top Envoy Highlights international backing for Political Transition, UN News (Jan. 23, 2025), https://news.un.org/en/story/2025/01/1159296.

[7] Id.

[8] A.B.A., supra note 1.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] International Center for Transitional Justice, South Africa, ICTJ (Jan. 24, 2025), https://www.ictj.org/location/sud%C3%A1frica.  

[15] Id.

[16] International Center for Transitional Justice, Former Yugoslavia: Justice Facts, ICTJ (2009), https://www.ictj.org/sites/default/files/ICTJ-FormerYugoslavia-Justice-Facts-2009-English.pdf.

This is a student blog post and in no way represents the views of the Fordham International Law Journal.