Author: sldp admin

The associations and organizations signing this statement received Decree No. 20, issued by the Syrian President on May 17, 2025, which establishes a National Commission for Transitional Justice, with a mix of hope and concern.

While the decree represents a long-awaited step for many Syrians due to its great significance in opening a national path toward transitional justice, its content raises fundamental concerns regarding the Commission’s vision, its mandate, and its potential ability to adequately and fairly address the long and bloody legacy of atrocities and violations—an essential prerequisite for genuine national recovery.

Moreover, there are serious questions about whether the Commission’s mandate aligns with the principles of the Constitutional Declaration on one hand, and with international human rights law and international humanitarian law on the other.

First – On the Content of the Decree and Core Concerns:

There is no dispute that the now-defunct regime committed international crimes and human rights violations on a scale, in severity, and with a systematic nature that is unmatched by any other local actor. However, this does not negate the fact that other parties have also committed similarly heinous crimes—albeit less frequent, widespread, or systematic. The gravity of such atrocities, regardless of who committed them, demands recognition, condemnation, redress for victims, and accountability for perpetrators without exception or discrimination, in order to prevent their normalization, recurrence, and further expansion.

Accordingly, the undersigned believe that full disclosure of these crimes and accountability for those individually responsible—regardless of their affiliation or organizational alignment during the years of the revolution and conflict—is essential to laying the foundations for a safe, just, and sustainable transition toward a Syria that is fairer, freer, and more equal for all its citizens, based on equal citizenship in both rights and duties. This approach is key to breaking the cycle of impunity, preventing the repetition of atrocities, and severing ties with a past that must be reckoned with liberating the minds and wills of all Syrians.

The signatories express concern that the Decree may become a pretext to use part of the truth to construct a selective and partial form of “justice”, one that excludes certain categories of victims from the realm of citizenship. This would deny them their rights to recognition and reparation, and turn the principle of truth-seeking into a privilege granted to some while denied to others. It would also instrumentalize accountability to entrench discrimination or establish hierarchies among victims. True justice, however, requires recognition of the right to remedy for all victims without discrimination, including their right to fair and impartial investigations into all violations and crimes, as well as the full range of transitional justice measures.

Second – On the Contradiction with the Constitutional Declaration and International Charters:

Limiting the Commission’s mandate to investigating only crimes committed by one party constitutes a violation of the principle of equality enshrined in Article 10 of the Constitutional Declaration of the Syrian Arab Republic, issued on 13 March 2025. Such a restriction risks turning the Commission into a tool that discriminates among victims, rather than an instrument for delivering inclusive justice that ensures redress for all victims—without exception or discrimination.

Moreover, international human rights law and the international treaties referenced in Article 12(2) of the same Constitutional Declaration require a holistic approach to addressing all human rights violations. This is essential to ensure recognition of victims’ rights, uncover the truth, achieve accountability and reparations, and guarantee non-repetition of such violations.

Third- Core Demands:

1. The Decree No. 20 must be followed by the adoption of a dedicated Transitional Justice Law, to be issued by the legislative authority once established. This law should clearly define the mandate, jurisdiction, and appointment criteria for the members of the Commission, in a manner that guarantees its independence and professionalism. The drafting of this law must be grounded in serious and genuine consultative processes that meaningfully engage victims, civil society actors, and human rights experts, in order to arrive at the most effective and just formulation.
2. Under this Transitional Justice Law, the mandate of the National Commission for Transitional Justice must cover all violations committed in Syria during both Assad regimes and until the end of the transitional period. This is essential to ensure the immediate cessation of ongoing violations, uphold the rule of law, deliver justice, and prevent impunity for all perpetrators, regardless of affiliation.
3. An inclusive and non-discriminatory approach to transitional justice must be adopted, encompassing truth-seeking, accountability, reparations, and guarantees of non-repetition. This approach should include support for local investigative bodies, such as the National Committee for Investigation and Fact-Finding into the Events on the Syrian Coast—established by Presidential Decree No. (3)—and treat its work as an integral part of the transitional justice process.
4. Ensure that the implementation of Decree No. 20 aligns with the Constitutional Declaration, the international treaties ratified by the Syrian Arab Republic, international human rights law, international humanitarian law, and the United Nations guiding principles on transitional justice.
5. Adopt a victim-centered approach that guarantees the structural participation of survivors, their families, and the families of the forcibly disappeared and missing persons in decision-making. This includes their involvement in the design, implementation, and monitoring of the Commission’s work, as well as the adoption of performance indicators and satisfaction metrics based on this approach.
6. Adopt a participatory and consultative approach with Syrian civil society organizations, and formally recognize their essential role in the planning, implementation, and oversight of the transitional justice process.
7. Ensure full transparency in the Commission’s operations, including public disclosure of its internal regulations, work plans, and decision-making mechanisms. The Commission should also issue regular public reports and briefings to demonstrate progress and results, in line with recommended international standards.
8. Foster close cooperation with relevant international and UN mechanisms, to ensure complementarity and benefit from their accumulated expertise and resources in advancing justice and reparation efforts.

In conclusion, we affirm that this moment presents a rare opportunity to rebuild trust in the state and in the very concept of justice. Civil peace cannot be built on the basis of discrimination between victims or selective accountability, but rather on a solid foundation of truth, dignity, recognition, and redress. We renew our call to revise the text of the Decree during the designated period for drafting the internal bylaws, in a manner that ensures the National Commission for Transitional Justice becomes a genuine and inclusive starting point for a national path toward a free and just Syria.

The signatory organizations:
1. Truth and Justice Charter:
• Massar
• Synergy Association for Victims
• Ta’afi Initiative
• Caesar Families Association
• Families for Freedom
• Families for Truth and Justice
2. The Civil Peace Group
3. Huquqyat
4. Syrians for Truth and Justice
5. Release Me
6. Justice for Life
7. Women Now for Development
8. Bidayetna Initiative
9. Association of Families of Missing Asylum Seekers (AFOMAS)
10. Sustainable Development Association
11. Lelun Association for Victims
12. Palestinians of Syria Detainees Campaign
13. The Syrian Legal Development Program (SLDP)
14. Association of Detainees and Missing Persons of Sednaya Prison (ADMSP)
15. Dawlaty

The fall of the Syrian regime marks a critical opportunity to transition from decades of oppression and war to a future based on justice, accountability and democracy. It is also an opportunity for EU member states to articulate a clear strategy in support of the aspirations expressed by many Syrian people, civil society groups and victims/survivors’ groups. In this regard, we wish to make specific recommendations related to six key issues: justice and accountability; transitional justice, the political transition, refugees and asylum seekers, reconstruction and sanctions.

On Justice and Accountability

1. Encourage the interim government to ensure effective and impartial investigations on all allegations of human rights abuses arising from acts or omissions of the interim Syrian government, and prompt judicial follow up through appropriate and independent judicial mechanisms on individuals found responsible for abuses.
2. Encourage the interim government to ensure investigations at institutional level to address ongoing violations and identify and implement reforms and structural changes in security operations, use of force and arrest and custody operations to ensure non-recurrence of abuses.
3. Encourage the interim government to ensure public disclosure of facts and results of investigations to ensure transparency and accountability to the Syrian people, and as step toward reconciliation and civil peace.

On Transitional Justice

1. Support and ensure a Syrian-led and Syrian-owned approach to transitional justice in Syria; ensuring that any support to transitional justice in Syria is context-specific, sustainable and enduring in the longer-term; including by ensuring sustainable and flexible funding and international assistance to Syrian CSOs in their work inside Syria.
2. Support the provision of medical, legal, material and psychosocial support to victims, survivors, and the families of those affected by serious violations of international law in Syria.
3. Support the provision of sustainable legal, financial, and psychological support to survivors of detention, sexualized violence, and torture; ensure aid distribution and reconstruction efforts promote gender equality, including land/property rights for women.
4. Support national transitional justice efforts that recognize and address past violations by all perpetrators, ensure redress for victims and society, and guarantee non-recurrence.
5. Encourage the interim government to provide a clear roadmap for transitional justice, ensuring meaningful and effective participation and inclusion of victims, survivors, affected communities – including refugees and IDPs communities – and the broader Syrian society in the design and development of transitional justice plans; acknowledge the need to avoid a top-down approach and the need to ensure a broader participatory framework in the making of transitional justice in Syria.
6. Ensure and support the active participation of victims and survivors in all formal and informal transitional justice efforts as rights holders and an essential factor in stability and lasting peace; support and advocate for the enhancement of women’s leadership roles and victim-led groups in accountability efforts.
7. Establish a European fund for victims of serious violations of international law in Syria by EU Member States, by identifying existing funds linked to violations of international law in Syria within their jurisdictions, such as monetary judgements, sanctions fines and penalties, forfeiture orders, funds frozen for being linked to property unlawfully acquired by the Syrian regime, and other revenue; develop a legal framework allowing the transfer of such funds to benefit victims and the families of victims; such a fund must be carefully designed in full cooperation with the Syrian civil society organizations, victims, survivors, and the families of victims; in its initial phase, focus on establishing a registry of victims and a map of violations for use in providing collective support measures for victims, with the potential to expand to collective or individual reparations as conditions permit.
8. Support the interim government to ensure their work is complementary with the UN mechanisms established specifically for Syria and support these mechanisms in fulfilling their mandate.
9. Encourage the interim government to sign international agreements, especially those related to human rights, women’s rights, and accountability.
10. Condemn ongoing practices of torture, enforced disappearances, and extrajudicial killings, and call on the interim government to immediately halt such violence, conduct effective and impartial investigations on alleged individuals and parties responsible for abuses, and ensure accountability for alleged abuses; acknowledge that fighting against impunity includes ongoing and new violations.
11. Recognize Syrian women’s experiences and perspectives on crimes committed in Syria, advocate for their leadership in justice efforts and promote their access to justice spaces.
12. Recognize sexualized and gender-based violence in justice and accountability processes, support survivors and work that prevents recurrence through constitutional and legal reforms for Syria’s future.
13. Support the rights of families of the missing and disappeared to know the truth, including by clarifying the fate and whereabouts of their loved ones, ensure families’ right to participate in the search for their loved ones, and the development of a comprehensive and effective legal framework to address enforced disappearance in Syria and its impact on families and society. This can also be supported by tackling disinformation created and spread in Europe through EU laws (such as the DSA), and by funding research into disinformation, oral history and documentation projects.

On the Political Transition and the Role of Civil Society

1. Support a Syrian-led political transition and therefore engage with the Syrian people, including
women’s leadership, support and demand their political engagement in the political transition.
2. Support the establishment of a framework that acknowledges individuals as rightful members of society with equal citizenship rights—granting them equal access to property, services, and opportunities—to bridge inside-outside and urban-rural divides, fostering an inclusive, resilient nation; support those working on a reform of Syrian citizenship law to allow Syrian women to pass their citizenship to their children.
3. Recognize that a change in the political landscape in Syria could be a positive development, while stressing that the upcoming period will be crucial in building a new social contract based on participation, the rule of law, and transitional justice, offering an opportunity for stability.
4. Support the safeguarding of existing civic, political, economic, cultural, and social spaces, inclusive of all sections of Syria’s diverse society, their expansion and the insurance of Syrian women’s leadership within these spaces.
5. Emphasize that any political reforms should be made according to international law standard, including guarantees of basic human rights (healthcare, education).
6. Call for transparency including a clear roadmap and timeline of the political transition.
7. Recognize and emphasize the fundamental role of Syrian civil society in shaping Syria’s future
and a successful democratic political transition and continue investing in its strengthening.
8. Provide sustainable, flexible, long-term funding to Syrian civil society organizations including women-led organizations and their core operations.
9. Support the role of women in the future of Syria and commit that funding remains gender- sensitive, supporting women and their ability to access social and economic structures and to facilitate direct cash assistance to women and women-led groups, especially in contexts with financial restrictions.
10. Support free and independent media to counter misinformation and promote accurate, unbiased reporting.

On Refugees and Asylum-seekers

1. Maintain temporary protection and the legal status of Syrian refugees and asylum seekers in EU Member States and do not force returns in breach of international law. Returns must be voluntary, safe, and dignified, in line with international standards.
2. Ensure that Syrians with international protection in Europe can make visits to Syria without losing their legal status in EU Member States, recognizing that this will strengthen the societal and economic relationship between Europe and Syria and allow Syrians to assess for themselves their own safety regarding returns.
3. Call on Syria’s neighbors Turkey, Lebanon, and Jordan, to not force returns in breach of international law; maintain temporary protection or other legal status of Syrian refugees; maintain support to frontline states; to sign 1951 Refugee Convention and allow UNHCR to register refugees as refugees.

On Reconstruction

1. Acknowledge that Syrians, especially those most affected by the war, must lead the reconstruction, ensuring that their resilience and knowledge shape the recovery. Continued humanitarian aid is still needed for those still in camps and living in dire conditions and with crippled services, including health services.
2. Any reconstruction efforts and economic development should adopt human rights due diligence and address housing, land, and property (HLP) rights; stress that legal frameworks must protect
displaced citizens, allowing them to reclaim and rebuild their homes; stress the need for inclusive policies for fair reconstruction and resettlement.
3. Call to expand reparations, truth-seeking mechanisms, and property restitution to recognize victims’ suffering and foster reconciliation and recognize the interlinked nature of reconstruction with transitional justice.
4. Support reconstruction while ensuring that the decision-making remains in Syrian hands.
5. Encourage the strengthening of local councils and grassroots initiatives that empower communities while guaranteeing land and housing rights for displaced and marginalized groups. Support the recognition of informal settlements and self-built recovery efforts and promote participatory planning that allows communities to shape their own spaces.
6. Prioritize local expertise in economic recovery and ensure that any EU support of Syria’s reconstruction invests in Syrian labor and experts, supports small businesses and cooperatives, and uses sustainable, locally sourced materials in order to achieve self-sufficiency and long-term stability. Support vocational training and education to empower all societal segments and create sustainable economic opportunities.
7. Encourage the fostering of healing and reconciliation through reconstruction, such as public spaces that promote inclusion and dialogue, community-led memorials that acknowledge collective trauma, inclusive memorials, archives and commemorations that reflect the diverse experiences of Syrians, and urban design that prioritizes accessibility, dignity, and social cohesion.
8. Emphasize that sustainable recovery in Syria requires the participation of all Syrians, regardless of gender, ethnicity, religion, or political affiliation. Acknowledge that social exclusion has historically contributed to instability, and the post-war reconstruction provides an opportunity to address these disparities. Support a recovery process that prioritizes Syria’s distinct cultural identity, ensuring that the path to rebuilding aligns with the values and needs of the Syrian people, without being influenced by foreign modernization models.
9. Stress the importance of inclusive policies that engage and strengthen ties between all communities in the rebuilding process while ensuring balanced participation between the diaspora and those who remained in Syria, enduring severe conditions for over 14 years.
10. Support the implementation of policies that support equitable development across all regions and promote a unified national identity, that balance development across urban and rural areas to reduce regional disparities, and that focus on empowering local communities and ensure that reconstruction reflects Syria’s core values.
11. Acknowledge that equitable access to vital resources, services, and spaces facilitates the return, investment, and participation of Syrians in national recovery; that establishing transparent and fair property ownership frameworks safeguard citizens’ rights, while inclusive and sustainable urban planning prevents future social and economic inequalities.
12. Acknowledge that economic and governance structures are required for effective rebuilding that foster national cohesion, design spaces that promote social cohesion, reconciliation, and collective recovery in order to bring communities together rather than further fragmenting them.
13. Support the strengthening of governance institutions to foster national unity and prevent further fragmentation; support the establishment of dialogue frameworks for reconciliation and addressing grievances, encourage partnerships between local communities, government institutions, and international stakeholders.

On Sanctions

1. Recognize that retaining sanctions could undermine the transitional political process, by limiting economic recovery and the recovery of states services (electricity, healthcare, education), providing this recovery allows for better engagement with the political process.
2. Recognize that retaining sanctions will undermine Syrians’ efforts to reclaim the country. The collective efforts of the Syrian diaspora in Europe and the region to invest in Syria’s recovery remains restrained by sanctions imposed against trade and financial services.
3. Support lifting the EU’s sectoral sanctions against Syria in their entirety. EU sanctions were introduced following the Assad regime’s repression against civilian protests, which began in March 2011, and as a response to grave human rights violations that ensued. The EU sanctions sought to force a change in the regime’s behavior, helped in providing a measure of accountability against the regime, and limited its capacity to commit further violations. With the fall of the regime, the reasons for the sanction regime are gone.
4. Support the maintaining of individual sanctions, which served as an accountability measure against human rights abusers in Syria since 2011 and should remain so. Military officers, regime officials, businesses financing oppression and the Assad family should not be allowed access to their frozen assets or be allowed entry to the EU.
5. Support the creation and clarity of clear delisting criteria for those who could help in accountability efforts against the regime’s human rights violations.
6. Explore pathways to use frozen assets of Assad’s regime for a Fund for Syrian reconstruction, rehabilitation and compensation of victims.
7. Engage with European banks to reduce over-compliance.
8. Call upon the USA to lift secondary sanctions and lift the ban on exporting any product that contains more than 10% US made parts as this might affect European parts or software.

Signatories:

1. Adalaty
2. Association of Detainees and The Missing in Sednaya Prison (ADMSP)
3. Association of Victims of Chemical Weapons (AVCW) – رابطة ضحاية الاسلحة الكيميائية
4. Caesar Families Association
5. Civil Peace Group
6. Dar Justice
7. Dawlaty
8. Families for Freedom
9. Huquqyat
10. Lawyers and Doctors for Human Rights (LDHR)
11. Release Me
12. Synergy Association for Victims
13. Syrian Archive – Mnemonic
14. Syrian Center for Media and Freedom of Expression (SCM)
15. Syrian Network for Human Rights (SNHR)
16. Syrians for Truth and Justice (STF) – سوريون من اجل الحقيقة و العدالة
17. Ta’afi
18. The Day After Association
19. The Syria Campaign
20. The Syrian Legal Development Program
21. Together Space
22. Women Now for Development

– The dialogue resulted in a set of recommendations addressed to Syrian civil society and the caretaker government.
– Participants unanimously agreed on the necessity of incorporating the dialogue’s recommendations into any national discussions on the future of justice in Syria.

A group of Syrian civil society organizations, survivor groups, and families of victims of various violations in Syria held a historic Syrian dialogue on justice, truth, and fairness, attended by the caretaker government’s Deputy Minister of Justice for Legal Affairs and Studies, Judge Khitam Haddad. The dialogue, which took place in Damascus on January 24–25, reviewed key achievements in justice, truth, and fairness efforts led by participating organizations and groups.

Participants identified opportunities and challenges requiring further work and practical steps to advance justice efforts in Syria after the fall of the tyrannical Assad’s regime, from both a legal-judicial and a societal perspective. They unanimously agreed on the importance of justice and accountability in achieving civil peace and community recovery in Syria.
Through her participation, Deputy Minister of Justice in the caretaker government, Judge Khitam Haddad, emphasized the need to submit the dialogue’s recommendations and outcomes to the Ministry of Justice to benefit from the expertise of the participating organizations, which are essential for critical justice-related files such as transitional justice and enforced disappearances in Syria.

The dialogue’s working groups produced clear and specific recommendations on pressing issues, including: Recognizing and acknowledging the suffering of war crime victims in Syria, protecting documents and mass graves, ensuring security under the rule of law, and guaranteeing that accountability and transitional justice processes remain independent, transparent, and inclusive.

Additionally, mid-term recommendations focused on building a state of institutions committed to citizenship and human rights principles, ensuring: Revealing the fate of forcibly disappeared persons, ending forced displacement and camps, promoting a comprehensive justice approach that includes and centers victims’ participation and perspectives, and leveraging civil society expertise.

Mohammad al-Bakri from the Task Force of Survivors of Chemical Attacks in Syria said:

“The Assad’s regime and its allies have worked tirelessly to deny the truth and silence survivors and witnesses to its crimes, including chemical attacks. Today, we all recognize the importance of documenting these crimes and continuing to push for justice and accountability, ensuring these atrocities never happen again”.

Hasna Issa from Warsheh Team – ‘My Nationality is My Right’ Campaign said:

“For the past five years, Warsheh Team has been working on statelessness issues, and this meeting was a crucial opportunity for us to highlight the plight of children rendered stateless by the war in Syria. Despite being a fundamental human rights issue recognized internationally, it remains completely neglected in Syria. We demand Syrian women’s right to pass nationality to their children and spouses. The absence of this right exacerbates the problem of statelessness and reduces Syrian women to second-class citizens. We look forward to changing these laws in Syria’s future”.

Zilan Ali from Lêlûn Association for Victims said:

“We document violations in Afrin, which is under the control of factions from the Syrian National Army, and we support victims of displacement and enforced disappearance. Our meeting with Syrian organizations was an important opportunity to exchange expertise and strengthen efforts to achieve justice and fairness for all”.

Wafa Mustafa from The Syria Campaign said:

“One of the challenges we faced during the dialogue was our differing priorities and approaches. However, it was also a major opportunity to develop a shared and just vision that reflects the scale of Syria’s catastrophe and the collective efforts for justice. Today, Syria is not fully free as long as bombardment and Israeli expansion continue in the south, and Turkish airstrikes and ongoing battles persist in the northeast. This presents an additional challenge: ensuring that efforts do not focus only on certain regions while neglecting others. Syria’s stability can only be achieved through an inclusive approach that encompasses all its regions and communities”.

Ends

Notes:

The dialogue was held at Cham Hotel in Damascus, with the participation of more than fifty representatives from the attending organizations and groups.

The organizing and participating groups in the dialogue are:

1. General Union of Internees and Detainees
2. Union of Medical Care and Relief Organizations (UOSSM)
3. Badael
4. Syrian Legal Development Programme (SLDP)
5. The Female Survivors Union
6. Tastakel
7. Lêlûn Association for Victims
8. Jawa Voluntary Team
9.Release Me
10. The Syria Campaign
11. The White Helmets
12. Dawlaty
13. Synergy Association for Victims
14. DAR Association for victims of forced displacement
15. Caesar Families Association
16. Adra Detainees Association
17. Association of Detainees and the Missing in Sednaya Prison (ADMSP)
18. Sama
19. Syrians for Truth and Justice
20. Oxygen Shabab
21. Syrian Network for Human Rights
22. Syrian Female Journalists Network
23. Shams Forum
24. Detainees’ Voice – Save the Rest | Documentation Group in Darayya City
25. Families for Truth and Justice
26. Families For Freedom
27. Justice For Life
28. Justice and Sustainable Development
29. Step for Volunteer Work Team
30. Warsheh Team
31. Do Not Suffocate the Truth
32. Bidayetna Initiative
33. Syrian British Consortium
34. Homs Civil Peace Group (Seen)
35. Task Force of Survivors of Chemical Attacks in Syria
36. Lawyers and Doctors for Human Rights
37. Madaniya
38. Syrian Center for Media and Freedom Expression (SCM)
39. Syrian Center for Legal Studies and Researches
40. Syrian Justice and Accountability Center
41. Chemical Violations Documentation Center and Research
42. Justice Paths (Masarat)
43. Arbitrary Detention and Enforced Disappearance Victims Support Project
44. Adalaty Centre
45. Women Now for Development
46. Nophotozone
47. Health Information System Unit
48. The Day After (TDA)

The following Syrian organizations express serious concern at the irresponsible decision among European countries to freeze Syrian asylum processes.

Less than two days after the fall of the Assad regime in Syria, the UK, many EU countries including Germany and Austria, and Norway, have said they will suspend the processing of asylum applications from Syrians.

Whilst we understand the need to update country guidance relating to asylum claims to respond to these emerging issues, this should not come in parallel with such a freeze. This type of discourse is irresponsible and will leave tens of thousands of families in indefinite turmoil.

Syria is not a safe zone of return. Instability prevails and what the future holds is unclear. Chaos and aggression persist and there is neither a stable authority nor functioning state structures. After five decades of dictatorship, there are not yet effective and accessible legal safeguards for remedy and protection in case of human rights abuses against returnees. Millions of people inside Syria continue to be displaced and there is no sign of achieving the basics of living conditions. Syrians are at a decisive moment where they have the opportunity to build the country and render Syria a safe country. The focus on asylum and not on support of civic space is therefore particularly problematic.

We have yet to see pathways for transitional justice in Syria. Many refugees will not feel safe to return as long as they risk encountering war criminals or individuals who committed atrocities against them. To put those families seeking protection into a situation that would once again put their lives in danger shows a lack of responsibility towards people who have already experienced unimaginable suffering. As the head of the UN’s refugee agency responded to this move saying “Patience and vigilance will be necessary, hoping that developments on the ground will evolve in a positive manner, allowing voluntary, safe and sustainable returns to finally occur – with refugees able to make informed decisions”.

Within this context, the organizations reaffirm:

1. Right to asylum must be upheld and guaranteed: Syrian individuals still maintain their right to seek and enjoy asylum, in accordance with international law. Notwithstanding the changes on the ground, this right must be respected and accessible in relation to new and ongoing asylum applications.
2. Prohibition of constructive refoulement: refugees’ return remains voluntary, and any form of coercion, disguised expulsions or “constructive refoulement” are unlawful under international law and EU law. Suspending the processing of asylum applications may result in coercing Syrians to return to Syria rather than live in uncertainty in Europe, a risk exacerbated in cases of families worried about their children’s future. States do not have the right to utilize disguised, indirect acts, or omissions in order to bring about the same result that it could obtain through the adoption of forced return policies.
3. Retention of refugee status: even in case of voluntary return, a refugee does not immediately lose his or her refugee status. In accordance with international refugee law, until the point at which a refugee becomes re-established in his or her country of origin, legal status as a refugee is retained. This must remain a critical safeguard moving forward.

Signatories
Access Center for Human Rights (ACHR)
Alseeraj Sweden
Baytna pour le soutien de la société civile
Child Guardians
Danish-Syrian Cultural Association
Dozana
Families for Freedom
Finjan
Lawyers and Doctors for Human Rights LDHR
Musawa
Shabaka
SOAS Syrian Society
Syrian Center for Media and Freedom of Expression (SCM)
Syrian Network in Denmark- SND
Syrisk-svenska Demokratiförbundet
The Day After
The Syrian legal Development Programme
The Syria Campaign
The Syrian British Consortium
Verband Deutsch-Syrische Hilfsvereine e.V.
Women Now for Development

On 8 December 2024, Syrians woke up to a Syria free from the yoke of the criminal Assad regime. After decades of tyranny that violated every Syrian’s right to life in freedom and in dignity, the Assad family’s 53-year rule has finally come to an end. Congratulations to all! Today is a triumphant day that brings us much hope.

Former dictator Bashar Al-Assad is responsible for the killing of over half a million Syrians since the outbreak of the war. His regime, which is characterized by widespread corruption and sheer brutality, decided to respond to peaceful protests in 2011 and 2012 with bullets, and soon after, bombs. Throughout the conflict, the Assad regime, alongside its allies Russia and Iran, had deployed a whole range of means to kill, besiege, and starve Syrians and punish them for daring to confront his regime, including with chemical weapons and barrel bombs. The regime’s deliberate targeting of civilians and civilian infrastructure, such as hospitals, markets, and residential areas, is well-documented. Over 6 million Syrians were made refugees, and over 7 million internally displaced.

Another defining practice of this police state was its systematic policy of enforced disappearance, arbitrary detention, and industrial-scale torture in its notorious detention facilities. According to SNHR, over 100,000 Syrians have been forcibly disappeared and arbitrarily detained by the regime, many of whom have died in these facilities either as a result of torture or executions. We have been overjoyed to see the release of tens of thousands of forcibly disappeared political prisoners, including women and children, from detention facilities across territory formerly controlled by the ousted regime. At the same time, we stand in solidarity with families of the disappeared, sharing in their pain and suffering caused by the inaction of international bodies in promptly addressing this humanitarian crisis. Immediate and effective responses are imperative, as any further delay risks causing irreparable harm to the right to the truth of families and exacerbates the enduring anguish of not knowing the fate and whereabouts of their loved ones or what has happened to them.

The oppression and violence of the Assad regime did not commence with Bashar, but rather his father, Hafez. In 1982, Hafez Al-Assad killed over 40,000 Syrians in the city of Hama. Hundreds of political prisoners were executed in their prison cells by forces loyal to Hafez’s brother, Rifaat Al-Assad. These legacy-defining massacres shaped much of Syria’s political memory, identity, and history.

Moreover, under the Syrian regime, the intertwining of crony capitalism and the war economy had entrenched economic inequality and reinforced regime power structures. Crony capitalism flourished as the regime rewarded loyalists and insiders with lucrative business opportunities, monopolies, and preferential treatment, creating an elite class deeply tied to the state. The war economy exacerbated these dynamics, as networks of regime-affiliated businessmen and militia leaders profited from wartime smuggling, reconstruction contracts, and control over vital resources like fuel and food supplies. These actors exploited the conflict to accumulate wealth at the expense of ordinary Syrians who faced soaring poverty and the collapse of basic services. This symbiotic relationship between the regime and its cronies was designed to preserve authoritarian control rather than address the needs of the Syrian people.

Our work on promoting human rights and the rule of law in the country has just begun. As the nation seeks to transition to democracy, rebuild institutions, and forge an inclusive society, we will continue to support civil society groups, victims, survivors, families’ associations, humanitarian organizations, businesses, and other entities to ensure respect for the human rights of all groups and the protection of the environment. We will also work to ensure that war criminals and profiteers are not rewarded with contracts for procurement or reconstruction. We will continue to support victims, survivors and families’ associations to fully exercise, access, and fulfill their rights to justice, truth, and remedy – including their right to participate in future truth and justice processes – for the well-documented atrocities committed by members of the Assad regime and their allies, including local and foreign business actors, as well as other parties that have violated the rights of the Syrian people.

We know there are a multitude of challenges that lie ahead, but we are committed and prepared to tackle them. We hope to see the day that all peoples are free from unjust political, economic, and social systems of subjugation and discrimination on the basis of gender, ethnicity, religion, or any other grounds.

Paris, 6 June 2024 – On May 24, 2024, the Paris Criminal Court issued a life imprisonment sentence against three high-ranking Syrian security officials close to Bashar al-Assad: Major General Ali Mamlouk, Major General Jamil al-Hassan, and Brigadier General Abdel Salam Mahmoud. They were convicted of complicity in committing crimes against humanity and war crimes against the Syrian-French nationals Mazzen and Patrick Dabbagh.

This ruling came after four days of hearing testimonies from experts and survivors from the Investigation Branch of the Air Force Intelligence Department detention center at Mezzeh Airport. The evidence presented over eight years proved the responsibility of these officials for the crimes. Mazzen and Patrick were detained and forcibly disappeared in 2013. Death certificates were issued for them by the Syrian government in 2018, after they were killed as a result of torture and ill-treatment.

This trial is the first of its kind in France, holding high-level Syrian officials accountable for their crimes.

We, the undersigned Syrian civil society organizations and victims and survivors’ associations, welcome this ruling. It represents an important step on the path to justice and reaffirms the ongoing efforts to combat impunity until all perpetrators of violations in Syria are held accountable and the victims are given justice and adequate compensation.

We also extend our sincere thanks for the courage and determination shown by the witnesses and the Dabbagh family in reaching this ruling. We eagerly anticipate the day when Syrian men and women can seek justice in their own courts, for we believe that true justice is the foundation of the peace and stability we all aspire to achieve.

Signatories:
1. Access Center for Human Rights (ACHR)
2. Alsharq News
3. Amal Healing and Advocacy Center
4. Assyrian Society for Helping and Development
5. Badael
6. Baytna pour le soutien de la société civile
7. Caesar Families Association
8. chemical violations documentation center and research
9. Deirna Organization
10. Family of Truth and Justice
11. Fraternity foundation for Human Rights-FFHR
12. Free Syrian lawyers Association -FSLA
13. Global Organization for Civil Society (GLOCA)
14. Humanitarian care charity
15. Justice for peace
16. LACU
17. LACU
18. Lawyers and Doctors for Human Rights LDHR
19. Local Development and Small-Projects Support (LDSPS)
20. Local Development Organization
21. MAHABAD ORGANIZATION FOR HUMAN RIGHTS MOHR
22. Mizan organisation for Legal Research and Human Rights
23. MPFG
24. Multifaith Alliance
25. Musawa
26. Observatory of Political and Economic Networks
27. Office of the Wounded and Missing Persons Affairs
28. Pro-justice
29. PÊL- Civil Waves
30. SADAD Humanitarian Organization
31. SOBH CULTURAL TEAM
32. Synergy Association for Victims
33. syria spring team
34. Syrian Archive
35. Syrian British Consortium
36. Syrian center for legal studies and research
37. Syrian Center for Policy Research
38. Syrian Community Romania
39. Syrian Forum
40. Syrian Network for Human Rights – SNHR
41. Syrians for Truth and Justice
42. The Syrian Legal Development Programme
43. The White Helmets
44. Together For Algarniya
45. union of free syrian students
46. Union of Revolutionary Bureaus
47. We Dared to Dream “Action for Sama”
48. Women Now for Development
49. Zoom in Association

We, a group of Syrian human rights, humanitarian and civil society organisations, associations and groups of victims and their families, and witnesses and survivors of chemical attacks in Syria.

Stemming from:

1. Having been directly exposed to deadly weapons that cause severe and long-term damage and suffering and dealing with their consequences on the ground and in international fora. We have responded, documented, advocated, litigated, and supported healing in possible cases;

2. Our belief that the continued impunity for chemical attacks undermines the absolute prohibition of chemical weapons and the deterrent effect of accountability. This increases the likelihood of future use, and destabilizes the international system and trust in the international organisations established to protect international peace and security.

And based on:

3. The prohibition of the use of chemical weapons under customary international law and international conventions;

4. The unprecedented and repeated violations of this universal norm in the Syrian conflict;

5. The accumulation of incontrovertible evidence collected by the Organization for the Prohibition of Chemical Weapons (OPCW) indicating the responsibility of the Syrian authorities for nine attacks and the Islamic State of Iraq and ash-Sham for two attacks;

6. The existence of the International, Impartial and Independent Mechanism established by the international community to collect and build on such evidence, in the absence of the jurisdiction of any international criminal court that can adjudicate the matter;

7. The inability of the International Criminal Court to rule on this flagrant violation of international law because Syria is not a signatory to the law establishing the Court, and the attempt made by the United Nations Security Council to refer the case to the ICC having been vetoed in 2014;

8. The ability of states within their sovereign rights to collectively hold to account perpetrators, and the existence of relevant international conventions that support and encourage this;

9. The rigor of international resolutions from the United Nations Security Council and the United Nations General Assembly in the context of holding all individuals, entities and governments accountable for the use of chemical weapons, especially United Nations Security Council resolutions 2118, 2209, 2235, 2314, 2319 and General Assembly resolutions 68/182 (2013), 70/41 (2015), 71/69 (2016), 72/43 (2017), 182/73 (2018), 40/74 (2019), 169/74 (2019), 228/76 (2021).

Having since the first use of chemical weapons in Syria, as groups collectively and individually, taken the following steps:

10. Advocated towards holding all individuals or parties accountable for the use of chemical weapons;

11. Despite the legal, administrative and psychological difficulties experienced by the victims of chemical attacks, put intensive efforts into domestic courts using the principle of universal jurisdiction or other local laws that support the fight against impunity for war crimes and crimes against humanity, in countries hosting Syrian refugees, including those who have survived chemical attacks, one of which led to the issuance of arrest warrants for Syrian President Bashar al-Assad, his brother Maher and two other senior officers before the French courts, which is an historical judicial precedent that deserves praise for the efforts and courage of victims and witnesses;

12. Initiated in-depth studies and discussions on what can be done to address the impunity gap at the international level, and advanced legal solutions that seek to overcome this situation;

13. Drafted a proposal for the establishment of an international tribunal, with the aim of realizing criminal accountability for established cases of chemical weapons use, which are not able to be tried by the ICC – a circumstance which applies to the Syrian case;

14. Conducted intensive consultations at the level of legal experts, government representatives at technical and political levels, and with relevant international institutions on this proposal to ensure supportive legal and policy grounds.

Based on the above, we come together on 30 November, the International Day of Remembrance of all Victims of Chemical Warfare:

To call on states to establish an Exceptional Chemical Weapons Tribunal for internationally prosecuting the use of chemical weapons where there is no recourse to existing judicial criminal fora, as in Syria.

For details visit:www.cwtribunal.org

CONFERENCE STATEMENT

November 23, 2023

Since the Syrian Arab Republic, represented by the Regime, ratified the Chemical Weapons Convention (CWC) a decade ago, Syria has witnessed a series of abhorrent violations of the CWC. Since September 2013, more than 217 attacks using toxic gasses have been documented in Syria.1 Simultaneously, the regime has continued to develop chemical arsenals in Syria, in a flagrant violation of UN Security Council Resolution 2118 and a clear and fundamental violation of the CWC.

In light of the persistence of chemical weapon attacks, we, the Syrian civil society organizations, have borne the burden and toll of responding to the attacks in a context characterized by a lack of specialized expertise and equipment, and pre-existing vulnerabilities and a lack of infrastructure due to the impact of the war. In addition, the Syrian regime’s systematic siege on several cities, such as Eastern and Western Ghouta and the city of Aleppo, severely hampered organizations’ ability to respond to the attacks that occurred there.

Despite all this, over the past ten years, Syrian civil society organizations and survivors and victims groups played an essential role in cooperating with the various international investigative and documentation teams that investigated chemical attacks in Syria. We greatly appreciate the efforts of the OPCW investigation teams over the past ten years, despite the obstacles they have faced. We also strongly condemn the Syrian regime’s continued use of toxic gasses, development of the chemical arsenal, and obstruction of the work of international investigative teams including attempts to mislead investigators and prevent their access to targeted sites. The regime’s strategy also involved intimidating witnesses, destroying evidence and obscuring facts. The Regime also continues to shelter behind Russia’s continued diplomatic efforts to obstruct the course of justice, including a campaign to undermine the credibility of the OPCW and the investigative reports issued by its various teams.

As witnesses, survivors, families of victims and first responders, we have faced many challenges including disinformation and propaganda campaigns by the Syrian regime and its Russian ally, with the aim of undermining the truth and preventing witnesses and survivors from testifying, as well as the direct targeting of witnesses and victims’ families through systematic enforced disappearance, arbitrary detention, and threats of violence or death. Some of these practices were clearly mentioned in the third report of the OPCW Investigation and Identification Team (IIT) concerning the Douma attack issued in January 2023.

Therefore, we reiterate our determination to exert all possible efforts to support investigations into the use of chemical weapons in Syria, and call to expand the investigative teams’ mandate and mechanisms to include the investigation of chemical attacks in additional locations throughout Syria. We also welcome the efforts made by the judicial bodies of several European countries to address individual cases of the use of chemical weapons through universal jurisdiction, and we call on the OPCW Member States to take the necessary measures to provide protection and support to witnesses, survivors, families of victims and Syrian civil society organizations, who play an important role in the response and documentation of these attacks.

We also stress that the only guarantee for a complete end to these violations and to prevent their recurrence around the world is to take joint and collective steps to hold accountable all parties that contributed both directly and indirectly to the ongoing violations of the Chemical Weapons Convention and other relevant international resolutions. As such, we call on OPCW Member States to take comprehensive, joint measures, in accordance with Article 12 of the CWC, to establish an international mechanism which can deliver justice for victims and their families and hold accountable all parties involved in the use of chemical weapons against civilians, and to end impunity for the use of chemical weapons.

The undersigned organizations stress the following:

1. States Parties should prioritize addressing the use of chemical weapons in Syria within UN and OPCW- related activities: lack of progress and compliance with OPCW Declaration from the Syrian authorities warrants further and increased scrutiny and accountability

The continued impunity for the use of chemical weapons in Syria and the lack of compliance of the Syrian government with its initial OPCW Declaration is a threat to the stability of any future peace for Syrians amidst Syria’s frozen conflict and undermines the international norms prohibiting their use. The lack of progress in addressing outstanding issues of the initial OPCW Declaration by the Syrian government and ongoing concealment of the truth warrants further and increased scrutiny, not the other way around.

2. State Parties should increase support for Syrian civil society’s documentation, accountability-driven activities and first response capacity, in a sustainable and long-term manner

Ten years since the first chemical attack in Syria, UN-affiliated and OPCW-established bodies have made important efforts to investigate violations of the Chemical Weapons Convention. These results relied heavily on efforts of Syrian civil society organizations, who have played an essential role in documenting multiple chemical attacks, collecting evidence and cooperating extensively with existing investigative processes. Over the past decade, Syrian humanitarian and medical CSOs have also invested in organizational readiness to respond to chemical attacks, despite the very difficult conditions.

3. State Parties should render illegitimate the Syrian authorities’ narrative on the use of chemical weapons in Syria, and take adequate actions to ensure this narrative is not perpetuated at the expense of survivors and victims

Although there is a trove of evidence of chemical weapons use, ongoing misinformation and denial campaigns have managed to distort the facts, endanger people’s lives and cause new, compounded suffering to the victims, amounting to a form of inhuman, degrading or cruel treatment. State Parties should refuse to give further space and attention to these revisionist attempts and take action to condemn denial and disinformation given its impact on victims and survivors. Most importantly, they should support ongoing and future efforts aimed at acknowledging and recognizing victims and survivors’ experiences and truth.

4. States Parties should ensure the full implementation of UNSC Resolution 2118 of 2013

Deeply outraged by the use of chemical weapons in Damascus in August 2013, the UNSC endorsed the expeditious destruction of Syria’s chemical weapons programme, calling for accountability for perpetrators of these atrocious crimes. Instead of leading to the end of the use of chemical weapons, the resolution resulted being only one of (too) many resolutions condemning the use of chemical weapons in Syria. After a decade from the first use of chemical weapons in Syria, time is due for serious state parties to take all actions needed to deliver on the 2118 UNSC Resolution, and the many UNSC and UNGA resolutions that the International Community have adopted calling for accountability for the use of chemical weapons, in accordance with the UN Charter.

5. In accordance with Article 12(3) of the Convention on Chemical Weapons, State Parties should take collective measures in response to the use of chemical weapons in Syria through the Conference of State Parties

Through the use of chemical weapons in Syria, the Syrian government has committed activities prohibited under the Chemical Weapons Convention. Ongoing impunity results in serious damage to the object and purpose of the Convention, originally intended to enforce the absolute prohibition of the use of Chemical Weapons and accountability for acts or omissions resulting in violations of the Convention. To avoid any further irreparable damage to the purpose of the Convention, State Parties should enforce Article 12(3) and undertake collective measures, in conformity with States’ obligations under international law.

6. State Parties should enforce the international arrest warrants issued by France for Bashar al-Assad, Maher al-Assad, and military generals Ghassan Abbas and Bassam al-Hassan over the use of banned chemical weapons

On November 15th, French criminal investigative judges issued arrest warrants for President Bashar al-Assad, his brother Maher al-Assad, and two other senior officials over the use of chemical weapons against civilians in Eastern Ghouta, in August 2013. The arrest warrants refer to the legal qualifications of complicity in crimes against humanity and war crimes. State Parties should enforce the arrest warrants in accordance with the obligation to prosecute or extradite in accordance with Customary International Law in relation to alleged crimes against humanity.

7. In light of relevant UNSC and GA resolutions calling for accountability, and within the rights and obligations inherent in their Statehood and international instruments, States should collectively take active steps to ensure the international prosecution of all individuals responsible for the use of Chemical Weapons in Syria, and beyond.

Syrian civil society has relentlessly dedicated efforts to hold all individual perpetrators for use of chemical weapons in Syria. However, the need for justice of victims and survivors is greater than the capacity of existing mechanisms. There is the need for an international tool to hold all individuals accountable as confirmed by findings of the OPCW. Syrian civil society calls for collective multilateral efforts in which States, seriously committed to protecting the norm of absolute prohibition for the use of chemical weapons, find ways to prosecute the use of CW at the international level.

(1) Accountability Remains Absent on the Sixth Anniversary of the Worlds Largest Chemical Weapons Attack
Since The Chemical Weapons Convention, The Syrian Network for Human Rights, August 21, 2019, https://snhr.org/wpcontent/pdf/english/Accounting_remains_absent_on_the_sixth_anniversary_of_the_worlds_largest_chemical
_weapons_attack_after_the_Chemical_Weapons_Convention_en.pdf)