Accountability for human rights violations in Syria: reasons for hope

Abstract

ABSTRACTAgainst the background of ongoing brutal violations of international human rights law and international humanitarian law in Syria, and the Security Council’s failure to refer the situation there to the International Criminal Court, this paper identifies some bright spots on the horizon in relation to pursuing accountability for serious human rights violations. In particular, it focuses on the General Assembly’s creation of the International, Impartial and Independent Mechanism for Syria and the increased willingness of third-party States to embark on prosecutions of persons for international crimes using universal jurisdiction. In addition to outlining the nature of these responses and their constitutive legal frameworks, this paper highlights the potential contribution of each response, along with key limitations to and challenges in responding to victims’ rights to truth, justice and reparations. It also queries Australia’s readiness to investigate and prosecute violations that have taken place in Syria and so fully contribute to the rendering of justice.