The downfall of the cruel lion: Can Syria find justice now?
On December 8, 2024, Syrian rebels led by the Islamist group Hayat Tahrir al-Sham (HTS), formerly affiliated with al-Qaeda, seized Damascus, the capital city of Syria, following a quick advance.[1] After years of carrying out forced disappearances, torture, and mass executions, the Assad family fled to Russia.[2] The appointment of a transitional government led by Ahmed al-Sharaa marks a significant turning point in Syria’s ongoing search for justice, as the new authorities have expressed their commitment to hold Assad’s followers accountable.[3]
The regime’s sudden collapse has led to the emergence of new evidence, including testimonies from witnesses no longer afraid to cooperate, as well as documents discovered in abandoned state facilities.[4] A number of mass graves have also been uncovered following the regime’s collapse.[5] This influx of new information complements the efforts of multiple organizations that have spent the last decade documenting the atrocities committed during the conflict, making the Syrian Civil War one of the most documented conflicts in modern history. Among those organizations is the Impartial and Independent Mechanism (IIIM), tasked by the U.N. General Assembly to collect and analyze evidence for any available justice forum.[6] The IIIM aided various national courts in prosecuting former Syrian officials found in their country under the doctrine of universal jurisdiction.
Does the downfall of the Assad regime open up new paths to justice for Syria?
To begin with, the end of Assad’s presidential immunity could be highly significant for universal jurisdiction. Syria’s quest for accountability started before the fall of the regime, as several European countries have already prosecuted former Syrian officials in recent years. One of the most recent notable developments took place in France. Currently, French authorities have emitted thirteen arrest warrants in relation to the Syrian civil war.[7] Two of these, issued in November 2023 and January 2025, target Bachar al-Assad himself.[8] While France’s highest court, the Cour de Cassation, was set to rule on his personal immunity as Syria’s head of state, the change of regime leaves him vulnerable to both warrants.[9] Nevertheless, Assad remains in Russia[10] for now, making it most likely that he would be tried in absentia.
Meanwhile, new proceedings are expected in Paris, after France found three former Syrian officials guilty of crimes against humanity in absentia.[11] Were the new government willing to cooperate, their capture could ultimately lead to their incarceration for life. In the meantime, while such trials remain symbolic and distant for Syrians, they send a strong signal at a time when international justice’s faith seems uncertain.
After the Assad family fled to Russia, many officers were left to fend for themselves, remaining in Syria and vulnerable to arrest and prosecution.[12] The stakes are high, and the new transitional authorities in Syria understandably want to hold Assad officials accountable themselves. But can Syria’s transitional authorities build a fair justice? Experts remain cautious. According to Fawaz Gerges, Professor of International Relations at the London School of Economics “[…] HTS and Sharaa intend to consolidate single-party Islamist rule."[13] As a consequence, trials conducted by local courts could be tainted by the regime’s political agenda, undermining true accountability and depriving Syrians of justice.
For one, HTS is thought to be responsible for the detention and forcible disappearances of more than 2-4 thousand Syrians, which already raises doubts as to its willingness to abide by the rule of law instead of resorting to political violence.[14] Furthermore, while Syria is still in the midst of its transition, with the Constitution suspended as of January 2025,[15] the country’s justice system was Assad’s tool of repression for decades. To put an end to the cycle of violence, the new regime must prioritize the establishment of the rule of law to prevent vengeful and bloodthirsty proceedings. Ensuring fair and impartial trials is crucial to guarantee both accountability and a peaceful transition.
To adequately prosecute the people who executed Assad’s crimes, Syria’s criminal law must also include war crimes and crimes against humanity in its penal code, which was lacking under Assad’s rule.[16] Otherwise, failing to do so could lead to a situation similar to Iraq's, where rushed and inadequate trials exacerbated sectarian violence.[17]
This is why international jurists call for the International Criminal Court (ICC) to get involved.
On January 17, 2024, International Criminal Court (ICC) Prosecutor Karim Khan met with Syria’s transitional authorities at their invitation.[18] According to Khan, "some of the remarks coming out of Syria by the transitional government seem to have indicated an openness to justice and accountability for crimes that may have taken place.”[19]
The Court could play several roles in supporting the Syrian authorities in their efforts towards accountability for Assad’s regime’s crimes. Pursuant to Article 13 (a) of the Rome Statute, Syria could partially accept ICC’s jurisdiction for a limited amount of time covering the years of Assad’s regime, similar to the approach taken by Ukraine,[20] even if it is not a member state of the ICC.[21] In addition, jurists of the Court could assist the transitional authorities in building a fair justice system. Over time, the Syrian government would be able to prosecute cases itself, as the ICC follows a principle of complementarity, requiring the court to defer to good-faith national investigative and prosecutorial efforts.[22] Ad hoc solutions also exist, even if the Russian veto makes it unlikely for the Security Council to establish a special tribunal similar to the ones created for ex-Yugoslavia and Rwanda.[23] Again, both alternatives entirely rely on the path that will choose Syria’s new authorities, as the Court will be careful to protect itself against any political agenda.
Therefore, several routes to accountability exist for Syria, including efforts through international forums and domestic legal proceedings in countries that practice universal jurisdiction. But despite the end of the war, the path to justice remains complex and fraught with challenges.
Overall, a lot depends on the political choices that the new Syrian government will make in the upcoming months. Just as was the case under the Assad regime, the new regime will need to acquiesce to international justice forums’ jurisdiction for them to be able to intervene, while the risk of Assad’s torturers and executioners succeeding in fleeing gets higher every day, as they are suspected of using human smuggling networks to reach Europe.[24]
Léa d'Oznobichine is a staff member of Fordham International Law Journal Volume XLVIII.
[1] Sebastian Usher, Who are the rebels in Syria?, BBC (Dec. 8, 2024), https://www.bbc.com/news/articles/ce313jn453zo.
[2] Sam Hancock, What lies ahead for Assad and his family?, BBC (Dec. 13, 2024),
https://www.bbc.com/news/articles/cp31yj8wqqno.
[3] Julian Borger & Harry Davies, Syrian leaders offer reward for details of Assad officials involved in war crimes, The Guardian (Dec. 10, 2024, 12:51 GMT),
[4] Id.
[5] Omar ALBAM & Sally Abou ALJOUD, The discovery of burtal mass graves in Syria reveals Assad’s legacy of horror, AP (Jan. 28, 2025, 3:20 PM GMT-4), https://apnews.com/article/syria-mass-graves-missing-assad-c60930806d5f221752b69e7302e149da.
[6] international, Impartial and Independent Mechanism, https://iiim.un.org (last visited Mar. 23, 2025).
[7] Christophe Ayad, Syrie: la justice française est aux trousses des caciques de l’ancien régime, dont Bachard Al-Assad en personne, Le Monde (Dec. 11, 2024, 1:40PM),
[8] Id.
[9] Id.
[10] Sam Hancock, supra note 2.
[11] Kim Willsher, French court finds three Syrian officials guilty of crimes against humanity, The Guardian (May. 24, 2024, 20.25 BST), https://www.theguardian.com/world/article/2024/may/24/french-court-finds-three-syrian-officials-guilty-of-crimes-against-humanity.
[12] Kenneth Roth, Syia Needs the International Criminal Court, Justice Security (Jan. 27, 2025),
https://www.justsecurity.org/106846/syria-international-criminal-court/.
[13] Timour Azhari & Tom Perry, Syria’s Sharaa declared president for transition, consolidating his power, Reuters (Jan. 30, 2025, 10:20 AM AST), https://www.reuters.com/world/middle-east/syrias-leader-sharaa-named-president-transitional-period-state-news-agency-says-2025-01-29/.
[14] Borger, supra note 3.
[15] Andrew Naughtie, Syria’s interim president signs temporary constitution amid ongoing conflict, Euronews (Mar. 14, 2025, 10:39 GMT+1),
[16] SNHR’s 12th Annual Report on Enforced Disappearance in Syria on the International Day of the Disappeared: Enforced Disappearance is an Ongoing Crime in Syria, reliefweb (Aug. 29, 2023),
[17] Roth, supra note 12.
[18] ICC prosecutor holds talks on supporting Syria on war crimes prosecution, Reuters (Jan. 17, 2025, 11:36 AM AST),
[19] Id.
[20] Ukraine, international Criminal Court, https://www.icc-cpi.int/situations/ukraine.
[21] Id.
[22] Roth, supra note 12.
[23] United Nations: The tragic breakdown of multilateralism , Le Monde (Sept. 24, 2024, 11:42 AM PARIS),
https://www.lemonde.fr/en/opinion/article/2024/09/24/united-nations-the-tragic-breakdown-of-multilateralism_6727057_23.html?utm_source=chatgpt.com.
[24] Borger, supra note 3.
This is a student blog post and in no way represents the views of the Fordham International Law Journal.