Prosecution of Syrian war crimes faces hurdles of process not evidence, experts say

The participants said there are ways to overcome the hurdles but it could be a lengthy process. (AFP/File)
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Updated 18 October 2022
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Prosecution of Syrian war crimes faces hurdles of process not evidence, experts say

  • It could take years for the alleged perpetrators of atrocities to be brought to trial and held accountable, the participants said
  • The meeting, hosted by the US Institute for Peace, examined the UN mechanism for collecting evidence of violations of international law and human rights

CHICAGO: A panel of experts on Monday acknowledged that the process of pursuing justice for violations of international humanitarian law and human rights during the war in Syria faces many hurdles, and even though evidence of such crimes continues to mount it could take years for alleged perpetrators to be brought to trial.

The US Institute for Peace organized the meeting, attended by Arab News, to examine the effectiveness of the International, Impartial and Independent Mechanism, which was established by the UN in 2016 to collect, preserve and analyze evidence of violations of international humanitarian law and human rights in Syria.

The participants said there are ways to overcome the hurdles but it could be a lengthy process.

“We don’t have a lot of accountability mechanisms or venues waiting,” said Mohammad Al-Abdallah, founding director of the Syria Justice and Accountability Center, which investigates and collects evidence about alleged war crimes.

“We have a lot of good efforts by some member states, by civil society, by the IIIM, by the Commission of Inquiry. But we have a lot of crimes that remain and are untouched.”

March next year will mark the 12th anniversary of the uprising in Syria that sparked a civil war that has divided the country, resulting in more than 350,000 deaths, many of them among civilians, and injured many more. In addition, 7 million people have become refugees, displaced within Syria or in other countries.

Al-Abdallah, who was imprisoned in Syria and tortured by the regime, said a combination of tragedies and war crimes in the country has resulted in the creation of a new process for pursuing efforts to ensure the individuals responsible are eventually held accountable.

“Looking for accountability efforts is not really something easy because Syria is not a member state of the Rome Statue so the ICC (International Criminal Court) could not practice jurisdiction over the crimes committed in Syria,” he said.

The Rome Statute established four core types of international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

“The Syrian government doesn’t have a great track record, or trust or even credibility, to open its own investigations inside Syria and have any domestic procedures,” Al-Abdallah told the panel.

“Although (President Bashar) Assad announced (the launch of) a commission of inquiry at the beginning of 2012, it didn't lead anywhere. It disappeared.

“The number of people killed under torture …  was astonishing — how many people ended up in detention facilities, the systematic way of killing them, the systematic way of torturing people, and also the systematic way of moving dead bodies to be buried elsewhere.”

Al-Abdallah said the alternative to the ICC is the process of “universal jurisdiction.” This is a legal principle that recognizes that some crimes are so serious that the duty to prosecute them transcends borders. But it is “limited in several ways,” he said, because of diplomatic immunity and the inability to prosecute heads of state.

He noted that even the US has previously undermined universal jurisdiction as a process, to protect American soldiers accused of killing innocent civilians in Iraq and Afghanistan.

The IIIM was created after the UN Security Council was unable to pursue a criminal investigation into alleged regime crimes committed during the conflict in Syria because the move was blocked by Russia’s power of veto.

“Since the UN General Assembly established the International, Impartial and Independent Mechanism in 2016, this first-of-its-kind investigative body has played a critical role in collecting and analyzing evidence of crimes in Syria,” said US Institute for Peace Vice President Michael Yaffe in his introduction to Monday’s event.

“This work has only become more essential as parties to the conflict have continued to subject civilians to indiscriminate attacks, unlawful detention, torture and enforced disappearance.

“Despite progress investigating and prosecuting suspected perpetrators under the principle of universal jurisdiction, accountability for international legal violations in Syria remains elusive.”

Catherine Marchi-Uhel, chairperson of the IIIM, said that despite the challenges, the process of collecting war crime data is beneficial and it could result in prosecutions and put pressure on the Syrian regime to stand accountable for its actions.

She said the IIIM collects, consolidates, preserves and analyzes evidence of violations of international humanitarian law and human rights violations in Syria, and works to share that data, when possible, to help families determine the events that led to the disappearance of their loved ones.

Marchi-Uhel said the IIIM has “received 229 requests for assistance from competent jurisdiction, which relates to 187 different investigations.”

Beth Van Schaack, ambassador-at-large for Global Criminal Justice at the US Department of State, said that efforts are being made to secure ICC jurisdiction for investigations into war crimes in Syria.

Al-Abdallah noted that US policies on Syria are limited to sanctions, and that efforts are being made to get the Syrian regime to assist in identifying the status of those who have disappeared.


How many hostages are left in Gaza?

Updated 58 min 13 sec ago
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How many hostages are left in Gaza?

  • Hostages still in captivity: 56, of whom Israel believes 33 are dead

Prime Minister Benjamin Netanyahu said Thursday that Israel has recovered the bodies of two hostages held in the Gaza Strip.

Israeli American Gad Haggai and Judih Weinstein — who was Israeli, American and Canadian — were killed during Hamas’ Oct. 7, 2023, attack into southern Israel that ignited the war in Gaza. Their remains were returned to

Israel in a special operation by the army and the Shin Bet internal security agency, Netanyahu said.

Hamas-led militants killed some 1,200 people, mostly civilians, and took 251 hostages in the Oct. 7 attack. More than 54,000 Palestinians in Gaza, mostly women and children, have been killed in the ensuing conflict, according to the Health Ministry in Hamas-run Gaza. The ministry doesn’t distinguish between civilians and combatants.

Here are details on the hostages:

Total hostages captured on Oct. 7, 2023: 251

Hostages taken before the Oct. 7 attack: 4, including 2 who entered Gaza in 2014 and 2015 and the bodies of 2 soldiers killed in the 2014 war

Hostages released in exchanges or other deals: 148, of whom 8 were dead

Bodies of hostages retrieved by Israeli forces: 43

Hostages rescued alive: 8

Hostages still in captivity: 56, of whom Israel believes 33 are dead. Netanyahu has said there are “doubts” about the fate of several more.

The hostages in captivity include: 5 non-Israelis ( 3 Thais, 1 Nepalese, 1 Tanzanian), of whom 3 (2 Thais and 1 Tanzanian) have been confirmed dead.

 


Egypt, Greece agree to protect status of Mount Sinai monastery, after court ruling

Updated 05 June 2025
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Egypt, Greece agree to protect status of Mount Sinai monastery, after court ruling

  • Egypt and Greece intend to move forward based on the long-standing tradition and the already established status of an emblematic monastery for its Greek Orthodox character of worship

ATHENS: Greece and Egypt have agreed to safeguard the status of one of the world’s oldest sites of Christian worship, foreign ministers of both countries said late on Wednesday, after an Egyptian court ruling last week cast uncertainty over its future.

The St. Catherine’s Monastery, at the foot of Egypt’s Mount Sinai, was founded in the 6th century and is the oldest Christian monastery still in use for its original function, says UNESCO, which has listed the area as a World Heritage site.

Revered by Christians, Muslims and Jews, the monastery is at the site where by Biblical tradition Moses received the Ten Commandments.

But last week, an Egyptian court ruling seen by Reuters ordered Orthodox monks to vacate several plots of land that the monks have used for years, including vineyards and gardens adjacent to the monastery compound, on the grounds that they were illegally sequestered, prompting a diplomatic flurry between Cairo and Athens over the site’s status.

“We agreed in the immediate future to work toward safeguarding the rights of the monastery, as well as its legal status,” Greek Foreign Minister George Gerapetritis said after meeting his Egyptian counterpart Badr Abdelatty in Cairo.

“Both Egypt and Greece intend to move forward based on the long-standing tradition and the already established status of an emblematic monastery for its Greek Orthodox character of worship.”

Abdelatty said that the ruling preserves the monastery’s profound spiritual value and religious standing, and confirmed that the monks would continue to have access to and use of the monastery and its religious and historical sites, according to a foreign ministry statement. With a long history of diplomatic ties, Greece and Egypt have deepened cooperation in recent years.

St. Catherine’s is a sprawling complex, and according to tradition it was built around a burning bush where God was said to have spoken to Moses as described in the Book of Exodus. Its library is one of the most extensive worldwide, containing some of the world’s earliest Christian manuscripts.


Israel PM says bodies of two hostages retrieved from Gaza

Updated 05 June 2025
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Israel PM says bodies of two hostages retrieved from Gaza

  • The bodies were of Judy Weinstein-Haggai and Gad Haggai from Kibbutz Nir Oz

JERUSALEM: Israeli Prime Minister Benjamin Netanyahu said on Thursday the bodies of two Israelis killed in Hamas’s October 7, 2023 attack and held in Gaza had been returned to Israel.

“In a special operation by the (security agency) and the (military) in the Gaza Strip, the bodies of two of our hostages held by the murderous terrorist organization Hamas were returned to Israel: Judy Weinstein-Haggai and Gad

Haggai from Kibbutz Nir Oz, may their memory be blessed,” Netanyahu said in a statement. “Judy and Gad were murdered on October 7 and abducted to the Gaza Strip,” he added.


UAE, Egypt leaders renew call for Gaza ceasefire

Updated 05 June 2025
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UAE, Egypt leaders renew call for Gaza ceasefire

  • The two leaders stressed “the importance of intensifying efforts to achieve a ceasefire” in Gaza

DUBAI: UAE’s Sheikh Mohamed bin Zayed Al-Nahyan and Egypt’s Abdel Fattah El-Sisi on Wednesday reiterated the call for a ceasefire in the Gaza Strip during their meeting in Abu Dhabi.

During the two leaders’ talks at Qasr Al-Shati in Abu Dhabi, they stressed “the importance of intensifying efforts to achieve a ceasefire” in Gaza and working “towards a clear political horizon for a just and comprehensive peace based on the two-state solution.”

The US earlier vetoed a UN Security Council resolution calling for an immediate truce in the besieged enclave, the release of all hostages held by Hamas, and unhampered delivery of humanitarian supplies territory’s starving population.

Sheikh Mohamed and Sisi, during their high-level talks, also discussed ways to further strengthen bilateral relations between the two countries “particularly those that advance their shared development goals and serve the mutual interests of their peoples.”

They also reviewed regional and international issues as well as recent developments particularly aimed at restoring security and stability in the Middle East region.


Activist Gaza aid boat slams Israel ‘threat’

Updated 05 June 2025
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Activist Gaza aid boat slams Israel ‘threat’

ROME: International activists seeking to sail an aid boat to Gaza condemned Wednesday what they called Israel’s threats and “declared intent to attack” their vessel as it crosses the Mediterranean.
Israel’s military said Tuesday it was ready to “protect” the country’s seas, after the vessel — the Madleen, sailed by the Freedom Flotilla Coalition — left Sicily on Sunday carrying around a dozen people, including environmental activist Greta Thunberg.
“The navy operates day and night to protect Israel’s maritime space and borders at sea,” army spokesman Brig. Gen. Effie Defrin said.
Asked about the aid vessel, he said: “For this case as well, we are prepared.”
He added: “We have gained experience in recent years, and we will act accordingly.”
In a statement on Wednesday, the activist coalition said it “strongly condemns Israel’s declared intent to attack Madleen,” calling it a “threat.”
“Madleen carries humanitarian aid and international human rights defenders in direct challenge to Israel’s illegal, decades-long blockade, and ongoing genocide” in Gaza, it said.
Israel has come under increasing international criticism over the dire humanitarian situation in the Palestinian territory, where the United Nations warned in May that the entire population was at risk of famine.
The Freedom Flotilla Coalition, launched in 2010, is an international movement supporting Palestinians, combining humanitarian aid with political protest against the blockade on Gaza.
The Madleen is a small sailboat reportedly carrying fruit juices, milk, rice, tinned food and protein bars.
In early May, the Freedom Flotilla ship Conscience was damaged in international waters off Malta as it headed to Gaza, with the activists saying they suspected an Israeli drone attack.
The coalition said that on Tuesday evening, off the coast of the Greek island of Crete, the Madleen “was approached and circled by a drone, followed, several hours later by two additional drones.”
It said it was later informed these were surveillance drones operated by the Greek coast guard, EU border agency Frontex or both.
Israel recently eased a more than two-month blockade on war-ravaged Gaza, but the aid community has urged it to allow in more food, faster.