Seeking Justice after War An analysis of criminal mechanisms to prosecute individuals responsible for violations of international human rights and humanitarian law in Syria

Abstract

In most of the conflict zones today, violations of international humanitarian and human rights law occur in total impunity and without an effective response from the international community. Although a comprehensive international criminal law framework has been developed after the Nuremberg and Tokyo Trials and applied by the United Nations, it appears that this system faces major challenges in ensuring an effective application of global justice in contemporary conflicts. In Syria alone, starvation and rape slavery are used as weapons of war; civilians are deliberately and indiscriminately killed; child soldiers are being recruited and used in combat action; hospitals, schools, cultural and religious sites, as well as other civilian objects, are the targets of constant attacks; crimes against humanity, war crimes and genocide have been perpetrated by states and non-state actors. Yet, even if these crimes represent grave breaches of international law, perpetrators are left unpunished and justice is still missing. In this regard, how can the parties to the conflict be held responsible for the crimes they have committed in Syria? What options of international criminal law exist to ensure that the perpetrators of these heinous atrocities are effectively brought to justice? Ultimately, is justice achievable in Syria? Looking at the violations of international law committed by both state and non-states actors during the ongoing war in Syria, this paper will identify the means and instruments by which the international community may or may not be able to prosecute war criminals under international criminal law.