The International Court of Justice (ICJ), the judicial branch of the United Nations, issued a ruling on Thursday, obliging the Syrian government to “take all measures within its powers” to prevent acts of torture. This interim decision emerges from a case brought forward by the Netherlands and Canada, arguing that Syria is in violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by torturing its own citizens.
ICJ President Joan E. Donoghue emphasized the necessity for Syria to prevent such inhumane acts. The court’s order extends beyond this, necessitating that Syria ensures its officials and other entities under its influence refrain from participating in these actions. Additionally, it demands that Syria safeguard any evidence related to the allegations of torture.
Syria chose not to attend the ICJ’s October hearing and it remains uncertain how it will react to the Thursday ruling. The involvement of Canada and the Netherlands reflects a coordinated mission to curb Syria’s alleged breaches of the torture convention.
The Syrian crisis escalated into a civil war spurred by the peaceful protests of 2011. The war’s dynamics shifted in 2015 when Syria’s President Bashar Assad received military backing from Russia, Iran and Hezbollah.
Human Rights Watch, a leading international human rights organization, praised the court’s decision, stressing its potential to disrupt the cycle of abuse and impunity prevailing in Syrian detention centers.
Although the court’s ruling holds legal weight, the ICJ depends on the UN Security Council to enforce its decisions. If the council does not intercede, like in a 2022 case involving Russia’s invasion of Ukraine, the court’s rulings might remain unexecuted.
Long after French authorities issued international arrest warrants for President Assad and his associates, the ICJ’s decision could be seen as a further international condemnation of Syria. The French warrants allege Syria’s top brass of complicity in war crimes and crimes against humanity.