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Syria ordered by ICJ to take action against torture

November 16, 2023

The provisional measures are part of a case brought by the Netherlands and Canada to the UN's top court accusing Syria of torturing its own citizens during the country's civil war.

Women hold posters and photographs during a demonstration outside the courthouse where former Syrian intelligence officer Anwar Raslan stands on trial in Koblenz, western Germany, on January 13, 2022.
The ruling is the first internationally over the Syrian civil warImage: Bernd Lauter/Getty Images/AFP

The International Court of Justice (ICJ) ruled on Thursday that Syriamust "take all measures within its power to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment."

The ruling is part of an ongoing case  brought forward by the Netherlands and Canadain June 2023 centered on accusations of torture and crimes against humanity carried out by Syrian authorities against its own citizens during the country's 12-year civil war.

Syria was called on by the ICJ to "ensure that its officials, as well as any organizations or persons ... subject to its control, direction or influence do not commit any acts of torture or other acts of cruel, inhuman or degrading treatment or punishment."

The court also ruled that Syria must "prevent the destruction and ensure the preservation of any evidence" relating to torture. This includes medical reports and death records.

ICJ Syria case ongoing 

Thursday's ruling outlines a request for "provisional measures" made by Canada and the Netherlands, intended to protect potential victims during the ICJ proceedings, which are ongoing and could take years before a ruling is made. 

"This is a landmark order by the world’s top court to stop torture, enforced disappearances and deaths in Syria’s detention facilities," said UN Syria Commission Chair Paulo Pinheiro in a press release.

At an October hearing, Dutch legal representative Rene Lefeber said the mistreatment — including electrical shocks, beatings, rapes, and arbitrary detention under inhumane conditions — continued with impunity.

The ruling comes one day after France issued an international arrest warrant for Syrian President Bashar Assad over complicity in crimes against humanity.

Syria torture trial in Germany

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How has Syria reacted to the case?

The Syrian government boycotted the October hearing and did not attend the Thursday ruling. But it has previously dismissed the case as "disinformation and lies."

The International Criminal Court (ICC), also based in The Hague, also rules on war crimes, but has been unable to in Syria because Damascus never ratified the tribunal's founding treaty, the Rome Statute.

Syria's civil war started with peaceful protests in 2011, which were met with state violence, unleashing a civil conflict that has dragged on for over a decade.

Assad was invited to attend an Arab League summit this year, for the first time after years of suspension from the regional bloc over the war.

rmt/wmr (AFP, AP, Reuters)

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