HRC57: LAW and Syrian Forum USA call for States Parties to refer situation in Jordan/Syria to ICC
HRC57: LAW and Syrian Forum USA call for States Parties to refer situation in Jordan/Syria to ICC
On October 3rd, at the Palais des Nations in Geneva, Legal Action Worldwide (LAW) and the Syrian Forum hosted “Referring Syria to the ICC: Exploring current options”, a side event to the 57th Human Rights Council co-sponsored by the United Kingdom and the European Union.
Ms. Antonia Mulvey, Founder and Director of LAW, provided critical insights into efforts to secure an investigation of crimes committed in the Syrian conflict by the International Criminal Court (ICC).
The moderator of the discussion, Ms. Haydee Dijkstal, Barrister at 33 Bedford Row Chambers, highlighted the ongoing challenges in securing accountability in conflict situations, particularly in contexts as complex as Syria, where legal and political dynamics combine to block access to justice. The ICC remains a focal point for victims demanding justice and accountability.
Mr. Mazen Darwish, Lawyer, Founder and Executive Director of Syria Center for Media and Freedom of Expression (SCM) stated that it is necessary to continue to try to involve the ICC, but efforts have been hindered by double vetoes from Russia and China. Despite attempts under Article 15 in 2012 and 2019, the ICC has yet to address the situation in Syria. This issue extends beyond Syria, impacting global safety and security.
Ms. Antonia Mulvey stated that it has been five years since the first communication on Syria was filed with the Office of the Prosecutor (OTP) and that no decision has been taken. The OTP’s last public statement on this matter was in its 2020 Report on Preliminary Examination Activities in which it indicated deportation was being considered in the Syria/Jordan context.
Following the veto in 2014, it seemed that the ICC was no longer a viable avenue for Syrian victims. However, that changed in November 2019 when the ICC’s Pre-Trial Chamber III authorized its first investigation into cross-border crimes when at least part of the crime occurs on the territory of a State Party to the Rome Statute.
The ICC Prosecutor has since initiated investigations into two additional situations involving transboundary crimes: Myanmar-Bangladesh and Ukraine-Russia. In the Myanmar-Bangladesh case, the ICC’s Pre-Trial Chamber determined there is a “reasonable basis to believe” that deportation, persecution, and possibly other crimes within the Court’s jurisdiction had been committed against the Rohingya, with at least part of the conduct occurring on the territory of Bangladesh, a State Party to the Rome Statute. While direct comparisons between situations can be challenging, it is crucial to recognize the immense scale of the Syrian conflict and resulting refugee flows and the significant justice gap that persists in addressing these violations.
Ms. Mulvey also took the opportunity to commend the representative of Lithuania for the country’s referral of Belarus to the ICC in September 2024. This referral relates to Belarusian President Alexander Lukashenko and his regime, alleging crimes against humanity, including deportation and persecution of civilians since 2020.
Mr. Yaser Tabbara, Lawyer, Co-Founder and Chief Strategist of the Syrian Forum, stated that the glaring message received by Syrian victims so far is that Syria is not a priority. He emphasized that the approach taken by survivors is based on a sound jurisdictional basis, drawing parallels with Myanmar, Bangladesh, and Lithuania. Efforts are now being leveraged to secure a referral by a State Party under Article 14, which offers different efficiencies and opportunities compared to Article 15.
Mr. Tabbara emphasized that strategies to secure a State Party referral should include reaching out to as many states as possible, with a particular focus on the Global South.
Ms. Michelle Jarvis, Deputy Head of the International Impartial, Independent Mechanism (IIIM) Syria, emphasized that 14 years of criminal conduct should not be ignored, and that the key tool is an agile approach to support justice through litigation. Strategic lines of inquiry and analytical veins help identify barriers hindering the efforts of justice actors. Currently, there is no strategic line of inquiry on the displacement of Syrians to Jordan. However, there are lines of inquiry on detention crimes, the Syrian prison system as a tool of repression, unlawful attacks, and the use of prohibited weapons. The IIIM assistance could help by sharing evidence, filling gaps, deploying investigation sources, and undertaking new analytical work.
Ms. Mulvey prompted participants to explore various strategic avenues for addressing the situation in Syria. She emphasized that member states could refer the situation under Article 14, calling for broad cooperation. Additionally, Ms. Mulvey noted that if a single state hesitates to act, a coalition of states could jointly refer the case, enhancing the likelihood of the ICC responding. Participants were also urged to advocate for increased funding to the ICC to bolster its capacity for investigations and prosecutions. Lastly, Ms. Mulvey highlighted the importance of pushing the Office of the Prosecutor for an interim report on the Jordan/Syria situation, stressing that ongoing monitoring and documentation are crucial for accountability.
Ms. Mulvey expressed her appreciation to all panelists for their valuable contributions to the discussion. She also acknowledged the support of the sponsoring parties, the mission of the UK and the mission of the European Union, whose commitment made this event possible.