Syria's Transitional Justice Process Faces Scrutiny in Geneva

In Geneva, a joint side event on the margins of the 63rd session of the Human Rights Council brought together Syrian civil society organizations and international experts to assess the state of transitional justice. Nearly two years after the fall of the former regime, participants questioned whether the current process is truly participatory or merely an administrative exercise conducted behind closed doors. The discussion highlighted a growing tension between the desire for societal accountability and the reality of a legal framework that many argue remains rooted in the structures of the previous era.

According to GN geopolitics/rights (en-US), the event was organized by the Syrian Initiative for Fundamental Rights and the Cairo Institute for Human Rights Studies. Moderated by Maysa Asheq, the session featured insights from legal experts and commissioners, including Salome Fridli, Salma Daoudi, Jalal Al-Hamad, Bassam Al-Ahmad, and Commissioner Mounia Ammar of the Independent International Commission of Inquiry on the Syrian Arab Republic. The central theme was the risk that the justice process could be detached from its rightful stakeholders, the victims and their communities.

Critics Question Legal Drafting Process

Salome Fridli of the Huquqyat Organization expressed concern over the lack of transparency in the drafting of the Transitional Justice Law. She noted that civil society recommendations were often ignored without explanation, and that structural questions were raised too late in the process. Fridli pointed out that the crime of enforced disappearance was absent from the initial draft and was only added after specific requests from families. She also linked the lack of clear protections for women survivors to a broader obstruction of their meaningful participation in the proceedings.

Inherited Legal Frameworks Remain

Salma Daoudi of the Syria Justice and Accountability Centre highlighted the continuity of repressive legal instruments inherited from the previous regime. According to her, crimes committed by the former authorities are being prosecuted under a Penal Code that lacks explicit provisions for crimes against humanity, war crimes, and command responsibility. Daoudi argued that using these existing legal tools effectively means prosecuting the regime with its own mechanisms. She cited ongoing restrictions on freedom of expression and assembly, including arrests under the Cybercrime Law, as evidence that the legal landscape has not sufficiently evolved to support genuine accountability.

Concerns Over Victim Discrimination

Jalal Al-Hamad of the Justice for Life Organization warned of potential discrimination among victims and between different parties responsible for violations. He cautioned that without a unified and inclusive approach, the result could be a system where some victims are deemed deserving of justice while others are excluded. This perspective underscores the broader debate on whether the current trajectory of Syrian transitional justice will deliver equitable outcomes or remain fragmented along political and social lines.

As the Human Rights Council continues its session, observers will watch closely for any further developments in the drafting of the Transitional Justice Law. The coming weeks may reveal whether the Syrian authorities are willing to address the structural critiques raised by civil society or if the process will remain insulated from broader societal input. The outcome of these deliberations will likely shape the long-term prospects for justice and reconciliation in Syria.