Swiss Indictment of Rifaat al-Assad Highlights Universal Jurisdiction for War Crimes

The Office of the Attorney General of Switzerland (OAG) has officially indicted former Syrian Vice President Rifaat al-Assad, accusing him of committing war crimes and crimes against humanity during his tenure as commander of the defense brigades as well as commander of operations in the Syrian city of Hama in February 1982.

According to the indictment, al-Assad allegedly ordered various violations of the laws of war during the Syrian Armed Forces’ military operation in Hama. This operation, known as the Hama massacre, was characterized by homicides, acts of torture, cruel treatment, and illegal detentions against civilians, all purportedly under al-Assad’s orders. It is estimated that between 3,000 to 6,000 casualties occurred during this operation, with the majority being civilians.

The charges against al-Assad originated from a complaint filed by advocacy group Trial International in 2013, which the OAG acted upon, initiating criminal proceedings. However, al-Assad, residing in France at the time, refused to testify before Swiss authorities and fled to Syria in October 2021 after he received a four-year prison sentence from French courts for embezzlement. This led the OAG to issue an international arrest warrant in November 2021.

The indictment carries symbolic weight for the survivors of the Hama massacre, who have long awaited justice. One of the three plaintiffs in the case expressed that the indictment sends a powerful message that even the most powerful individuals can be held accountable for their actions.

Although the alleged crimes took place over 40 years ago, there is no statute of limitations for war crimes. This case, pursued in Switzerland under the principle of universal jurisdiction, exemplifies how international law can hold individuals accountable for serious crimes, irrespective of where they were committed. Despite the charges, al-Assad’s lawyers maintain that he has always denied any involvement in the acts he is accused of in these proceedings.

You can read further details of the indictment here.