Why justice for Syrian victims of Assad regime atrocities is not a forlorn hope

Short Url
Updated 16 February 2022
Follow

Why justice for Syrian victims of Assad regime atrocities is not a forlorn hope

  • Charges of torture could be levelled against Assad’s inner circle in the wake of a German court ruling
  • International community can do more to help bring leading regime officials to justice for atrocities

WASHINGTON, D.C.: For survivors of torture and sexual abuse in Bashar Assad’s jails, the conviction of former Syrian intelligence officer Anwar Raslan last month for crimes against humanity and the ongoing trial of Dr. Alaa Mousa are major steps in the fight for justice.  

Beyond that, many survivors as well as human-rights advocates say, the two cases, heard in German courts, have established an important legal precedent for the international community, which must now do more to bring leading regime officials to justice for atrocities against the Syrian people.
Stephen Rapp, an American lawyer, former US ambassador-at-large for war crimes issues in the Office of Global Criminal Justice, and chair of the Board of Commissioners for the Commission for International Justice and Accountability, is building a case against the Syrian ruler and his inner circle to hold them to account for torture and mass murder.
“The conviction of Anwar Raslan and the trial of Dr. Alaa Mousa in Germany give me hope that higher level Syrian regime officials will eventually be brought to justice,” Rapp, who successfully prosecuted suspects following the 1994 Rwandan genocide, told Arab News.




“This is a first step on the long road to justice,” Yasmine Mishaan, a founding member of the Caesar Families Association, told Arab News. (AFP)

“Very strong evidence is available. The challenge is making the arrests. What is needed is more effective tracking of the movements of such officials and coordinated action by states to achieve the arrest and transfer of the suspects when they are outside Syria.”
Raslan, 58, a former member of Syria’s General Intelligence Directorate who claimed asylum in Germany in 2014, became the most senior former regime official to be convicted of crimes perpetrated in Syria when a court in Koblenz handed down a life sentence last month.
German prosecutors accused Raslan of overseeing the murder of 58 people and the torture of 4,000 others while he was head of the investigations section at the Al-Khatib detention facility in Damascus, also known as “Branch 251.”
Witness testimonies, which included well-documented accounts of torture and sexual abuse in Branch 251, were corroborated by tens of thousands of photographs smuggled out of Syria by a military defector code named “Caesar.” The photographs graphically depict scenes of abuse, torture and murder.




Anwar Raslan appearing in court in Koblenz, western Germany. (AFP)

On Jan. 13, Raslan was found guilty of overseeing 27 of the murders and of crimes against humanity. He was sentenced to life in prison.
“The verdict is an important step, but it does not bring full justice for the Syrian people,” Ameenah Sawwan, a Syrian activist based in Germany, told Arab News.
“This is the beginning of a wider struggle for more comprehensive justice and accountability for the victims. It is important to remember that the crimes against humanity that came to light in the trial of Anwar Raslan are still taking place in Syria every day.”
Sawwan added: “Officials in the Syrian regime should know that they will one day also be held accountable. I remember in my childhood the stories that my parents would tell us about what this regime was capable of. And then, after 2011, I saw with my own eyes how the regime would detain family members and bomb our homes.”
Raslan is not the only regime official on trial in Germany. Syrian doctor Alaa Mousa, 36, is facing charges of torture and murder allegedly committed while working in the regime’s military hospitals. Among a string of charges, he is accused of setting fire to a teenage boy’s genitals and operating on detainees without anaesthesia.




Abu Layla: “They have full authority to kill, arrest and abuse anyone rejecting the Assad regime. And they have no deterrent for committing these violations.” (AFP)

Mousa faces 18 counts of torturing detainees in Damascus and the western city of Homs in 2011-12. He also faces one count of murder for allegedly administering a lethal injection to a prisoner who resisted being beaten, according to federal prosecutors.
Mousa arrived in Germany on a visa for skilled workers in mid-2015 and continued to practice medicine until his arrest in June 2020 after Syrian witnesses came forward. He denies all the charges.
Germany’s “universal jurisdiction laws” make it unique among European states, giving its prosecutors a broad mandate to seek justice for crimes of exceptional gravity that took place elsewhere in the world, even if no crime had been committed in Germany itself.
Syria is not a member of the International Criminal Court and, in 2014, Russia and China blocked efforts at the UN Security Council to give the court a mandate over serious crimes in Syria. Germany’s courts offer Syrian survivors a rare platform to seek accountability.
“This was an important conviction for us because it is the first trial of its kind for a security officer while the system he represented is still in power. This is a first step on the long road to justice,” Yasmine Mishaan, a founding member of the Caesar Families Association, told Arab News.
Four of Mishaan’s brothers disappeared into the regime’s jails. Mishaan said that during Raslan’s trial, she recognized her brother Oqba’s corpse among the thousands of photographs smuggled out by Caesar.
For Mishaan and many grieving families, the conviction sets an important precedent and an example for other governments to follow.
“Our ability to access a special court for Syria or an international criminal court is blocked by the UN Security Council vetoes of Russia and China. We hope that other countries will follow Germany’s suit and hold other rights violators like Raslan accountable. For me, justice will mean that my brother’s dreams at the start of the Syrian revolution will one day come true.”




Abu Layla believes the trials have shown the Assad regime that the days of absolute impunity may soon be over. (AFP)

Omar Abu Layla, a Syrian refugee and analyst now living in Germany, also believes January’s prosecution represents an important first step. “The prosecution of a former criminal involved in violations against Syrians means a lot to me,” Abu Layla told Arab News.
“Today all Syrian families are victims of these criminals. I lost more than 88 of my cousins, who were martyred and more than 155 members of my tribe were detained. It is just one step and should be followed by more and bigger steps than the prosecution of one person. There must be larger and broader mechanisms to prosecute all war criminals in Syria, not just those in Europe.”
Even if they are able to evade arrest, members of Assad’s inner circle have reason to fear the precedent set by the Koblenz trial, in large part because it threatens to disrupt the regime’s efforts to normalize relations with the international community.
“It is a direct message to the countries that are trying to normalize relations with the Syrian regime that the international position will not change as the regime is criminal, and so all those normalizing relations with it are supporting its criminality,” said Abu Layla.
Although Raslan and Mousa are relatively low-ranking figures, Abu Layla believes the trials have shown the Assad regime that the days of absolute impunity may soon be over — which could act as a deterrent to further atrocities.




Tens of thousands of people have been detained or disappeared in Syria since 2011. (AFP)

“These criminals must not enjoy a free life after being involved in cases of torture, murder and criminality against the Syrian people over the past years, so justice is the only way they see the results of their practices against Syrians,” he said.
“These trials send direct messages to it and its supporters that none of them can get away with these crimes, and they all will be arrested, including the head of the regime. No doubt these trials cause a state of fear inside the Assad regime.”
Human rights observers believe the centralized nature of the regime has left a detailed paper trail that can be used in a court of law to prosecute higher-ranking Syrian security officials — right up to the office of the president.
“The intelligence service is the most criminal branch in Syria at all levels; in prisons and on the ground during the demonstrations,” said Abu Layla. “They have full authority to kill, arrest and abuse anyone rejecting the Assad regime. And they have no deterrent for committing these violations.”
Tens of thousands of people have been detained or disappeared in Syria since 2011, the vast majority by government forces using an extensive network of detention facilities throughout the country. Observers say the regime continues to hold and forcibly disappear thousands of people.
Rapp and the Commission for International Justice and Accountability are confident that many more high-level prosecutions will be possible. Given time, they believe charges will be brought against the highest echelons of the Syrian regime.

Twitter: @OS26


US senator slams Biden administration for not punishing Israel over Gaza aid

Updated 15 November 2024
Follow

US senator slams Biden administration for not punishing Israel over Gaza aid

  • Washington had threatened to suspend military support if aid not increased
  • Elizabeth Warren: Failure to hold Israel to account a ‘grave mistake’ that ‘undermines American credibility worldwide’

LONDON: Progressive US Sen. Elizabeth Warren has criticized the Biden administration’s failure to punish Israel after Washington delivered an ultimatum last month on improving aid deliveries to Gaza.

The Democratic senator endorsed a joint resolution of disapproval in Congress after the State Department said it would not take punitive action against Israel, The Guardian reported.

Official Israeli figures show that the amount of aid reaching Gaza has dropped to the lowest level in 11 months, despite the White House’s 30-day ultimatum threatening the loss of military support to Israel if aid was not increased.

The deadline expired on Tuesday as international humanitarian groups warned that Israel had fallen far short of Washington’s stated aid targets. Food security experts also warned that famine is likely imminent in parts of Gaza.

The State Department claimed that Israel was making limited progress on aid and was not blocking relief, meaning it had not violated US law.

Warren, senator for Massachusetts, said in a statement: “On Oct. 13, the Biden administration told Prime Minister (Benjamin) Netanyahu that his government had 30 days to increase humanitarian aid into Gaza or face the consequences under US law, which would include cutting off military assistance.

“Thirty days later, the Biden administration acknowledged that Israel’s actions had not significantly expanded food, water and basic necessities for desperate Palestinian civilians.

“Despite Netanyahu’s failure to meet the United States’ demands, the Biden administration has taken no action to restrict the flow of offensive weapons.”

The joint resolution of disapproval endorsed by Warren can enable Congress to overturn decisions by the president, if passed by the House and Senate.

Bernie Sanders, the independent senator for Vermont, said next week he will bring new joint resolutions of disapproval to block specific weapon sales to Israel.

“There is no longer any doubt that Netanyahu’s extremist government is in clear violation of US and international law as it wages a barbaric war against the Palestinian people in Gaza,” he said.

On Thursday, 15 senators and 69 Congress members announced efforts to pressure the Biden administration to hold Israeli Cabinet members to account.

The plan targets Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir for the rise in Israeli settler violence, settlement-building and destabilization across the West Bank.

Warren described the Biden administration’s failure to hold Israel to account as a “grave mistake” that “undermines American credibility worldwide.”

She added: “If this administration will not act, Congress must step up to enforce US law and hold the Netanyahu government accountable through a joint resolution of disapproval.”


Film’s ‘search for Palestine’ takes center stage at Cairo festival

Updated 15 November 2024
Follow

Film’s ‘search for Palestine’ takes center stage at Cairo festival

  • The tale of a distinctly Palestinian road trip — through refugee camps and Israeli checkpoints

CAIRO: The tale of a distinctly Palestinian road trip — through refugee camps and Israeli checkpoints — takes center stage in director Rashid Masharawi’s latest film, which debuted at this year’s Cairo International Film Festival.
“It’s a search for home, a search for Palestine, for ourselves,” Masharawi told AFP on Wednesday after the world premiere of his new film “Passing Dreams.”
It kicked off the Middle East’s oldest film festival, which opened with a traditional dabkeh dance performance by a troupe from the war-torn Gaza Strip.
Masharawi’s film follows Sami, a 12-year-old boy, and his uncle and cousin on a quest to find his beloved pet pigeon, which has flown away from their home in a refugee camp in the occupied West Bank.
Told that pigeons always return to their birthplace, the family attempts to “follow the bird home” — driving a small red camper van from Qalandia camp and Bethlehem in the occupied West Bank to the Old City of Jerusalem and the Israeli city of Haifa.
Their odyssey, Masharawi says, becomes a “deeply symbolic journey” that represents an inversion of the family’s original displacement from Haifa during the 1948 war that led to the creation of the State of Israel — a period Palestinians refer to as the Nakba, or “catastrophe.”
“It’s no coincidence we’re in places that have a deep significance to Palestinian history,” the director said, speaking to AFP after a more intimate second screening on Thursday.


The bittersweet tale is a far cry from Masharawi’s other project featured at the Cairo film festival: “From Ground Zero.”
The anthology, supervised by the veteran director, showcases 22 shorts by filmmakers in Gaza, shot against the backdrop of war.
For that project, Masharawi — who was the first Palestinian director officially selected for the Cannes Film Festival for his film “Haifa” in 1996 — “wanted to act as a bridge between global audiences” and filmmakers on the ground.
In April, he told AFP the anthology intended to expose “the lie of self-defense,” which he said was Israel’s justification for its devastating military campaign in Gaza.
The war broke out following Palestinian militant group Hamas’s October 7, 2023 attack on southern Israel, which resulted in 1,206 deaths, according to an AFP tally of official Israeli figures.
Israel has since killed more than 43,700 people in the Gaza Strip, according to the Hamas-controlled territory’s health ministry.
“As filmmakers, we must document this through the language of cinema,” Masharawi said, adding that filmmaking “defends our land far better than any military or political speeches.”


Speaking to an enthralled audience, the 62-year-old director — donning his signature fedora — called for change in Palestinian filmmaking.
“Our cinema can’t always only be a reaction to Israeli actions,” he said.
“It must be the action itself.”
A self-taught director born in a Gaza refugee camp before moving to Ramallah, Masharawi is intimately familiar with the “obstacles to filmmaking under occupation” — including “separation walls, barriers, who’s allowed to go where.”
Like the family in the film, “you never know if authorities will let you get to your location,” he said, especially since Masharawi refuses “on principle” to seek permits from Israeli authorities.
Instead, his crew often resorts to makeshift schemes — including “smuggling in” actors from the West Bank who do not have permission to visit Israeli-annexed east Jerusalem.
“If you ask (Israeli authorities) for permission to shoot in Jerusalem, you’re giving them legitimacy that Jerusalem is theirs,” he said Thursday to raucous applause from audience members, many of them draped in Palestinian keffiyehs.
Organizers canceled the Cairo film festival last year after calls for the suspension of artistic and cultural activities across the Arab world in solidarity with Palestinians.
But this week, keffiyehs have dotted the red carpet, while audience members wore pins bearing the Palestinian flag and the map of historic Palestine.
Festival president Hussein Fahmy voiced solidarity “with our brothers in Gaza and Lebanon,” where Israel’s bombing campaign and ground offensive have killed 3,360 people.
Pride of place, Fahmy said, has been given to Palestinian cinema, with a handful of films showing during the festival and a competition to crown a winner among the 22 filmmakers in “From Ground Zero.”
vid-bha/smw


Strike hits south Beirut after Israel evacuation call

Updated 15 November 2024
Follow

Strike hits south Beirut after Israel evacuation call

  • Israeli drone fires two missiles at the Beirut suburb of Ghobeiry before the air force carried out a ‘very heavy’ strike
  • Since September 23, Israel has ramped up its air campaign in Lebanon, later sending in ground troops

BEIRUT: An air strike hit the Lebanese capital’s southern suburbs on Friday, sending plumes of grey smoke into the sky after the Israeli military called for people to evacuate, AFPTV images showed.
Lebanon’s state-run National News Agency said an Israeli drone fired two missiles at the Beirut suburb of Ghobeiry before the air force carried out a “very heavy” strike that levelled a building near municipal offices.
The evacuation order posted on X by Israeli army spokesman Avichay Adraee told residents to leave, warning of imminent strikes.
“All residents in the southern suburbs, specifically ... in the Ghobeiry area, you are located near facilities and interests affiliated with Hezbollah,” Adraee said in his post.
“For your safety and the safety of your family members, you must evacuate these buildings and those adjacent to them immediately.”
His post included maps identifying buildings in the area near Bustan High School.
Repeated Israeli air strikes on south Beirut have led to a mass exodus of civilians from the Hezbollah stronghold, although some return during the day to check on their homes and businesses.
NNA also reported pre-dawn strikes on the southern city of Nabatieh.
The Israeli military said it had struck “command centers” of Hezbollah’s elite Radwan Force and launchers used to fire rockets at Israel on Thursday.
It said that over the past day, the air force had struck more than 120 targets across Lebanon, including weapons storage facilities, command centers and a large number of rocket launchers.
Since September 23, Israel has ramped up its air campaign in Lebanon, later sending in ground troops following almost a year of limited, cross-border exchanges begun by Hezbollah over the Gaza war.
Lebanese authorities say that more than 3,380 people have been killed since October last year, when Hezbollah and Israel began trading fire.
The conflict has cost Lebanon more than $5 billion in economic losses, with actual structural damage amounting to billions more, the World Bank said on Thursday.


Israel’s warfare in Gaza consistent with genocide, UN committee finds

Updated 15 November 2024
Follow

Israel’s warfare in Gaza consistent with genocide, UN committee finds

  • Committee’s report states ‘Israeli officials have publicly supported policies that strip Palestinians of the very necessities required to sustain life’
  • It raises ‘serious concern’ about Israel’s use of AI to choose targets ‘with minimal human oversight,’ resulting in ‘overwhelming’ casualties among women and children

NEW YORK: Israel’s methods of warfare in Gaza, including the use of starvation as a weapon, mass civilian casualties and life-threatening conditions deliberately inflicted on Palestinians in the territory, are consistent with the characteristics of genocide, the UN Special Committee to Investigate Israeli Practices said in a report published on Thursday.

“Since the beginning of the war, Israeli officials have publicly supported policies that strip Palestinians of the very necessities required to sustain life: food, water and fuel,” the committee said.

Statements from Israeli authorities and the “systematic and unlawful” blocking of humanitarian aid deliveries to Gaza make clear “Israel’s intent to instrumentalize life-saving supplies for political and military gains,” it added.

The committee, the full title of which is the UN Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian people and other Arabs of the Occupied Territories, was established by the UN General Assembly in 1968 to monitor the human rights situation in the occupied Golan heights, the West Bank, including East Jerusalem, and the Gaza Strip. It comprises the permanent representatives to the UN from three member states, currently Malaysia, Senegal and Sri Lanka, who are appointed by the president of the General Assembly.

Its latest report, which covers the period from October 2023 to July 2024, mostly focuses on the effects of the war in Gaza on the rights of Palestinians.

“Through its siege over Gaza, obstruction of humanitarian aid, alongside targeted attacks and killing of civilians and aid workers, despite repeated UN appeals, binding orders from the International Court of Justice and resolutions of the Security Council, Israel is intentionally causing death, starvation and serious injury, using starvation as a method of war and inflicting collective punishment on the Palestinian population,” the committee said.

The “extensive” Israeli bombing campaign has wiped out essential services in Gaza and caused an “environmental catastrophe” that will have “lasting health impacts,” it adds.

By early 2024, the report says, more than 25,000 tonnes of explosives, equivalent to two nuclear bombs, had been dropped on Gaza, causing “massive” destruction, the collapse of water and sanitation systems, agricultural devastation and toxic pollution. This has created a “lethal mix of crises that will inflict severe harm on generations to come,” the committee said.

The report notes “serious concern” about Israel’s use of artificial intelligence technology to choose its targets “with minimal human oversight,” the consequence of which has been “overwhelming” numbers of deaths of women and children. This underscores “Israel’s disregard of its obligation to distinguish between civilians and combatants and take adequate safeguards to prevent civilian deaths,” it adds.

In addition, Israel’s escalating censorship of the media and targeting of journalists are “deliberate efforts” to block global access to information, the committee found, and the report states that social media companies have disproportionately removed “pro-Palestinian content” in comparison with posts inciting violence against Palestinians.

The committee also condemned the continuing “smear campaign” and other attacks on the reputation of the UN Relief and Works Agency for Palestine Refugees, and the wider UN.

“This deliberate silencing of reporting, combined with disinformation and attacks on humanitarian workers, is a clear strategy to undermine the vital work of the UN, sever the lifeline of aid still reaching Gaza, and dismantle the international legal order,” it said.

It called on all states to honor their legal obligations to stop and prevent violations of international law by Israel, including the system of apartheid that operates in the West Bank and East Jerusalem, and to hold Israeli authorities accountable for their actions.

“Upholding international law and ensuring accountability for violations rests squarely on member states,” the committee said.

Failure to do this weakens “the very core of the international legal system and sets a dangerous precedent, allowing atrocities to go unchecked.”

The committee will officially present its report to the 79th Session of the UN General Assembly on Monday.


Israel’s attorney general tells Netanyahu to reexamine extremist security minister’s role

Updated 15 November 2024
Follow

Israel’s attorney general tells Netanyahu to reexamine extremist security minister’s role

  • National Security Minister Itamar Ben-Gvir criticized for interfering in police matters

JERUSALEM, Nov 14 : Israel’s Attorney General told Prime Minister Benjamin Netanyahu to reevaluate the tenure of his far-right National Security Minister Itamar Ben-Gvir, citing his apparent interference in police matters, Israel’s Channel 12 reported on Thursday.
The news channel published a copy of a letter written by Attorney General Gali Baharav-Miara in which she described instances of “illegitimate interventions” in which Ben-Gvir, who is tasked with setting general policy, gave operational instructions that threaten the police’s apolitical status.
“The concern is that the government’s silence will be interpreted as support for the minister’s behavior,” the letter said.
Officials at the Justice Ministry could not be reached for comment and there was no immediate comment from Netanyahu’s office.
Ben-Gvir, who heads a small ultra-nationalist party in Netanyahu’s coalition, wrote on social media after the letter was published: “The attempted coup by (the Attorney General) has begun. The only dismissal that needs to happen is that of the Attorney General.”