On October 10, 2023, the International Court of Justice (ICJ) started hearing the case concerning the Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic). The proceedings were initiated by Netherlands back in 2020 and were subsequently joined by Canada in 2021, invoking a legal dispute under the Torture Convention for previous and ongoing torture committed by the Syrian government and its intelligence apparatus.
Back in 2011, many countries in the Middle East and North Africa witnessed people’s uprising to achieve a democratic political system. The Syrian government responded with massive and systemised use of violence and torture to crush the Syrian people’s uprising against the regime, which eventually resulted in a prolonged civil war. Reports by human rights organisations and UN independent commissions have repeatedly published findings demonstrating evidence of systematic and widespread torture committed against the political dissidents and protestors in Syria. These proceedings are a part of global efforts of international and Syrian human rights groups seeking accountability for human rights abuses committed by the regime in Syria.
International Court of Justice, ‘Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic)’ (10th October 2023) <https://www.icj-cij.org/sites/default/files/case-related/188/188-20231010-pre-01-00-en.pdf>
Human Rights Watch, ‘Syria: World Court Begins Watershed Torture Case’ (October 10, 2023) <https://www.hrw.org/news/2023/10/09/syria-world-court-begins-watershed-torture-case>
Human Rights Watch, WE’VE NEVER SEEN SUCH HORROR”: CRIMES AGAINST HUMANITY BY SYRIAN SECURITY FORCES (June 1, 2011), https://www.hrw.org/report/2011/06/01/weve-never-seen-such-horror/crimes-against-humanity-syrian-security-forces
UN Human Rights Council, Report of the independent international commission of inquiry on the Syrian Arab Republic, 23 November 2011, A/HRC/S-17/2/Add.1, <https://www.refworld.org/docid/4edde9d02.html>
The Syrian government is a signatory to both the Statute of the ICJ as well as the Torture Convention. Thus, the ICJ has jurisdiction to adjudicate the merits of torture allegations due to their assent to Article 30 of the Torture Convention. The proceedings would likely take years to conclude, given the fact that the Syrian government is non-responsive to the ICJ proceedings. At present, the ICJ is currently hearing arguments on provisional measures that may give relief till the final determination of the matter. On the day of the oral hearing held on October 10, 2023, the delegation of Netherlands and Canada argued requesting the ICJ to issue provisional measures to cease and prevent ongoing acts of torture and other inhumane treatment committed in Syria. The provisional relief given by ICJ, in principle, only prevents ongoing or future acts of torture, but it does not determine the legality or wrongfulness of the allegations of torture committed by Syria. However, there is overwhelming evidence demonstrating the systematic and widespread acts of torture and other cruel acts committed by the Syrian government, which would be presented by the delegation of Netherlands and Syria during the merits hearing, and as a result there is high likelihood that ICJ may rule against the Syrian government.
The decision by the ICJ is binding on parties, and the Syrian government is legally obligated under international law to comply with the ruling dictum regardless of its outcomes. In case Syria refuses to comply with the ruling, the UN Security Council has legal power to enforce the ICJ rulings on the request of the other party. But since Syria is a close ally of Russia, the likelihood of securing a UN Security Council Resolution in any scenario is grim, as Russia would undoubtedly veto the resolution.
The ICJ’s decision could have a far-fetching impact in achieving accountability for human rights abuses and international crimes committed in Syria. There are already organisations that are utilising various measures including universal jurisdiction to invoke accountability against State
Lawrence Hill-Cawthorne, ‘The Responsibility of Syria under the Convention Against Torture before the ICJ’ (EJIL TALK, October 6 2023) < https://www.ejiltalk.org/the-responsibility-of-syria-under-the-convention-against-torture-before-the-icj/>
International Court of Justice, Supra note 1
United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, (adopted in 26 June 1945) Art 94 (2)
actors involved in the torture, but the ICJ decision could undoubtedly magnify and intensify such global efforts.
