How Can Syria Deliver Transitional Justice in the New Era?

The Syrian public is unwavering in its call for transitional justice in the wake of Bashar al-Assad’s regime, seeing it as vital to securing civil peace and ensuring that those responsible for the repression cannot return to their past abuses.

Since its launch on February 13, 2025, the preparatory sessions for the Syrian National Dialogue Conference, held with representatives from all 14 provinces, have unanimously emphasized the importance of achieving transitional justice for the victims of Assad’s defunct regime.

Transitional Justice

Syrians have emphasized the need for elected constitutional bodies to enact transitional justice laws that hold those accused of war crimes and crimes against humanity accountable.

This process must be fair and not driven by vengeance, ensuring that all perpetrators—regardless of affiliation, whether military, political, media, or economic figures—face justice.

Across Syrian provinces, workshops on transitional justice have reinforced the need to investigate cases of enforced disappearance, torture, chemical weapons use, and extrajudicial killings at security checkpoints and secret locations since the revolution erupted in March 2011.

Achieving transitional justice has become a primary goal after the revolution’s victory, particularly given that nearly half a million Syrians were killed by Assad’s regime and its security apparatus—whether through torture, field executions, or chemical and aerial bombardments.

Transitional justice refers to a set of legal and judicial measures designed to address past human rights violations, enabling societies to build stability and social peace after periods of war or dictatorship.

Traditionally, it is based on four pillars: uncovering the truth about violations, prosecuting perpetrators, compensating victims (sometimes including official state apologies in cases of ethnic crimes), and institutional reforms to prevent future abuses.

The concept is not new; it gained prominence after World War II, particularly during the Nuremberg Trials of 1945, which prosecuted top Nazi war criminals.

Transitional justice aims to hold those responsible for grave crimes accountable through fair trials, with Assad himself and those behind the atrocities committed under his rule at the top of the list.

Ultimately, it seeks to end impunity, instill accountability within state institutions and among individuals, and foster societal reconciliation—one that balances justice with amnesty to prevent cycles of revenge and retaliation.

Following Assad’s fall, thousands were freed from prisons, yet the fate of tens of thousands remains unknown, leaving families searching for any trace of their loved ones.

According to the Syrian Network for Human Rights, Assad’s security branches have detained and forcibly disappeared more than 136,000 people since the uprising, with only 24,200 released upon the country’s liberation. The rest are presumed dead.

Since the fall of Assad’s regime, reports continue to emerge of mass graves and human remains found in destroyed neighborhoods, where intelligence services had carried out extrajudicial executions.

Immediately after the regime’s collapse, UN Special Envoy to Syria Geir Pedersen urged the new authorities to avoid “a policy of revenge and retribution” and called for a comprehensive framework for transitional justice.

Today, Syrians are focused on designing a transitional justice model that ensures the horrors of Assad’s era are never repeated.

Independent Body

Human rights experts tell Al-Estiklal that specialists are studying models of transitional justice implemented in other countries and their outcomes over the years in local communities, aiming to apply those lessons to the Syrian context.

This initiative seeks to address the long-standing legacy of repression and human rights violations in Syria, which will expedite the establishment of a new social contract.

“Transitional justice is a gateway to civil peace, and it includes four mechanisms for holding criminals accountable,” Syrian lawyer Abdel Karim al-Thalji told Al-Estiklal.

These mechanisms involve uncovering the truth about past violations, bringing perpetrators to justice through national courts or a mix of national and international tribunals, and issuing verdicts.

Al-Thalji, who participates in discussions on transitional justice within Syria, added, “After holding accountable those responsible for the bloodshed and torture of the Syrian people and committing violations during the revolution, the next step is to provide redress to the victims through material or moral compensation.”

Moral compensation includes “memorializing victims by constructing monuments, naming streets after them, and other similar measures.”

“The next phase involves reforming the security, economic, and administrative institutions that were complicit in facilitating financial exploitation, utilizing Syrian wealth, or serving as fronts for Assad’s regime to launder money,” the journalist added.

“After institutional reforms, the process will shift to community reconciliation and civil peace, following the accountability of perpetrators and compensation for victims, to ensure the country's security.”

“Transitional justice is a combination of judicial and non-judicial procedures that pave the way for lasting recovery,” al-Thalji concluded.

During a transitional justice conference held in Damascus, there were calls for the creation of an independent transitional justice body that would include government agencies, human rights organizations, media, international actors, and specialists in the field.

The journalist pointed out that “a number of lawyers and media professionals are working on preparing lists of criminals from the fallen regime to present to the courts.”

It is important to note that the number of individuals involved in violating the rights of Syrians under Assad's regime is in the tens of thousands, including members, officers, and individuals working for the security services.

This highlights the significant burden placed on the current Syrian judiciary, which is already overwhelmed with legal and societal cases stemming from the former regime’s legacy.

Administrative Isolation

Al-Thalji hinted at “efforts to implement administrative and political isolation to prevent these criminals from engaging in political and administrative life after being held accountable, as they will ‘continue committing violations against Syrians using the same methods.’”

“Currently, some negative voices in Syria are calling for equal treatment of the casualties from Assad's regime and the revolutionaries. However, this approach, for example, failed in Bosnia and Herzegovina after the 1990s Serbian war, with many arguing that it unfairly equates the victim with the perpetrator.”

In the Syrian case, with the ousting of the regime's head fleeing to Russia alongside high-ranking officers involved in the bloodshed, one aspect of transitional justice involves establishing special courts abroad to pursue legal action against those involved in war crimes, torture, and genocide.

Among the most well-known special courts are the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. Both courts successfully brought several suspects to justice.

For example, in Rwanda, one of the worst human atrocities in Africa took place over 100 days between April and July 1994, where “ethnic cleansing” was carried out against the Tutsi minority, resulting in nearly one million deaths in full view of the international community.

Since the number of suspected perpetrators and their connection to the genocide was large, and the legal proceedings were slow, the Gacaca courts were created in Rwanda. The term “Gacaca” means “grass” in Kinyarwanda.

These courts were able to close 1.5 million cases between 2001 and 2010 due to the overwhelming number of cases, repeated delays, and occasional closures of courts.

South Africa also experienced transitional justice after the abolition of apartheid in 1991. The Truth and Reconciliation Commission, led by Archbishop Desmond Tutu, heard testimonies from thousands of apartheid victims over three years.

Thousands of officials and police officers in South Africa were sentenced, while others benefited from amnesty, which was conditional on confessing their crimes and proving they were committed “in good faith.” However, this country’s experience struggled due to the lack of justice implementation and the prolonged legal procedures.