After more than five decades of authoritarian rule and fourteen years of devastating conflict, Syria faces the monumental task of confronting a legacy of mass atrocities and entrenched impunity. As the country embarks on a desperately needed transitional justice process, criminal accountability stands as a central pillar of that journey-essential not only for addressing past crimes but for deterring future abuses, rebuilding trust in institutions, and restoring the rule of law.<\/p>\n\n\n\n
Signed by 27 Syrian civil society organizations, Pathways to Criminal Accountability in Syria offers a practical roadmap for establishing a credible and inclusive criminal justice mechanism within the broader framework of national recovery. It draws on an eight-month multi-phase consultation process involving Syrian and international legal experts, civil society organizations, victim and survivor associations, and representatives of the National Commission for Transitional Justice and the National Commission for Missing Persons.<\/p>\n\n\n\n
This report does not seek to recommend a particular vision for a criminal justice framework. Instead, it presents a range of options that may be considered while building this framework, with an assessment of the advantages and disadvantages of each option. It signals a desire and willingness to engage with the National Commission for Transitional Justice as partners on the long road to criminal accountability, one that is rooted in fundamental principles of judicial independence and impartiality, respect for human rights and fair trial guarantees, victim-centered justice, non-discrimination, transparency and oversight, institutional capacity-building, and inclusive participation of victims, families, and civil society.<\/p>\n\n\n\n
The report begins with an examination of potential models for a criminal justice mechanism. Each option is assessed for its legal feasibility, institutional requirements, and alignment with Syria’s social and political realities, with special consideration for the establishment of a special domestic court and the relevant issues to be considered in that regard.<\/p>\n\n\n\n
The report then explores the various options for defining the subject matter, temporal, and personal jurisdictions within the criminal justice mandate. It breaks down the advantages and disadvantages of each option, in light of the Syrian context and the existing political realities. With these potential mandates in mind, the report considers various prosecutorial strategies that could be employed, with consideration of the factors which will affect the prioritization of prosecutions.<\/p>\n\n\n\n
Bearing in mind the dire need for support, the report further considers the role that external actors can have as partners or supporters in the transitional justice process. The report evaluates the potential roles that can be held by governmental bodies, victim and survivor communities, civil society organizations, and international actors. The involvement and participation of these actors can ensure that the criminal justice process is inclusive, participatory, and nationally owned, supported, but not driven, by international partners.<\/p>\n\n\n\n
Understanding that the criminal justice process can be leveraged to achieve wider impact, the report considers constitutional, legal, and institutional reforms that can advance in tandem. It acknowledges the need for an interdependent and integrated design of transitional justice pillars that extends beyond criminal accountability. It then identify major legal and structural gaps in Syria’s justice system-such as the absence of frameworks for international crimes, weak judicial independence, and gender-based barriers to women’s participation-and proposes reforms to address them.<\/p>\n\n\n\n
Through this roadmap, the report lays out a pathway for designing a Syrian-led criminal justice process that is grounded in human rights principles, reflects the needs and desires of the Syrian people, and paves the way for wider institutional reform.<\/p>\n\n\n\n