THE HAGUE, Netherlands (CN) — The Canadians and the Dutch have filed a complaint at the United Nations' highest court against Syria, alleging the regime of Bashar al-Assad has violated a treaty against torture by abusing thousands of its own citizens.
In the first international case stemming from the Syrian Civil War, Canada and the Netherlands allege that “Syria has committed countless violations of international law,” including torture, inhumane treatment, sexual assault and violence against children, according to the filing at The Hague-based International Court of Justice.
The U.N.’s own body looking into allegations of crimes committed during the conflict – the International, Impartial and Independent Mechanism – has documented widespread torture against anyone the regime sees as a threat, as well as the use of chemical weapons against civilians.
The Dutch began the process of holding Syria accountable under the U.N. Convention against Torture in 2020. Under the 1984 treaty, parties must first attempt mediation before bringing a case to the ICJ. The Netherlands says negotiations have failed and Syria refused to agree to another arbitration proceeding.
The pair are bringing the case just as Syria’s government is attempting to normalize its international relations. Last month, the country returned to the Arab League after having its membership suspended for the past 12 years.
“Establishing accountability and combating impunity are important elements of achieving a lasting political solution to the conflict in Syria,” Dutch foreign affairs minister Wopke Hoekstra said in a statement.
Other attempts to bring accountability in Syria have been blocked by Russia, which has remained loyal to al-Assad during the bloody conflict. Russia blocked attempts to establish a special tribunal to prosecute war crimes and crimes against humanity in Syria and refused to back a proposal to send the situation to the International Criminal Court. Syria has not signed the Rome Statue, which underpins the court, leaving the world’s only permanent court for atrocity crimes without jurisdiction unless granted by the U.N. Security Council.
Some European countries, including Germany, France and the Netherlands, have charged some regime officials using a legal concept known as universal jurisdiction. A former member of the Syrian secret police was convicted by a German court of facilitating torture in 2021. A senior Syrian official was also convicted by a German court of crimes against humanity and sentenced to life in prison
This is the second time in the ICJ’s history that it will be asked to rule on a case brought under the torture convention. The last time was more than 15 years ago, when Belgium filed a complaint against Senegal. The West African country was dragging its feet on prosecuting the former dictator of Chad, Hissene Habre, who was accused of torturing thousands of his own citizens during his eight-year reign. Hissene fled to Senegal after he was deposed in 1990.
The ICJ eventually ruled that Senegal was obliged to prosecute Habre as soon as possible and also concluded that any country that is a party to the treaty could bring a complaint against any other party. In 2017, Habre was sentenced to life in prison for crimes against humanity, including torture.
As Canada and the Netherlands have further asked for provisional measures – essentially an injunction – the ICJ is likely to hold initial hearings in the coming weeks.
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