Shortly after the fall of Bashar Assad in Syria in December 2024 there have been reports Mass graves discovered in liberated areas.
Grim as such discoveries are, they needs to be a small surprise. . The scale of the regime torture AND murders of their facilities It became visible a few years earlier, when in January 2014. A forensic photographer escaped And he left the country with cache 55,000 photos of individuals who were tortured and died in detention.
As Expert in the field of forensic anthropology and mass losses in conflictI used to be asked to evaluate what was often called “Photos of Caesar. “What was clear to me, and now it is that these photos represented a scientific approach to torture, killing and disappearing of an enormous number of people by the regime Assad.
After the disappearance of Assad, the newly created government of the Islamist group Hayat Tahrir Al-Sham has He swore to look for justice Syrians suffered under Assad for crimes. It shall be difficult, even because the civil war in Syria is one of the higher monitored conflicts in the recent history. However, this is a task that is essential for the implementation of justice in a broken country and a discount in the likelihood of returning violence to Syria.
Maintenance of the perpetrators for settlement
Since Syria exploded in 2011, several groups were collecting evidence of human rights violation. They belong to them Syrian Center for Justice and ResponsibilityThe Syrian Human Rights ObservatoryThe Syrian emergency task group and Commission for International Justice and Responsibility. In the international arena, the United Nations established International, impartial and independent mechanism For Syria in 2016 with a view to support all investigations and prosecution of individuals responsible for serious violation of international law in Syria since March 2011.
Estimates killed from the starting of the civic conflict in 2011 Scope anywhere 100,000 to over 600,000, and civil deaths are not less than 160,000.
Many of these deaths were at the hands of the Assad regime. But various armed groups, including Front al-Nusra and a gaggle of Islamic StateThey were also accused of cruelty.
From the perspective of responsible perpetrators, this will likely complicate matters. The current ruling leader Hayat Tahrir Al-Sham is the founder of the Al-Nusra Front and is probably not willing to drag his group or other responsibility or recognize the crimes of this group.
Bekir Kasim/Anadol via Getty Images
Who is investigating?
There are three dimensions of accounting the missing conflict. First of all, there is a task of identifying and falling off stays of people from mass graves to permit family and friends to sadden. Secondly, the rights of victims to learn the truth about what happened to their family members should be resolved. And finally, this process must ensure justice, responsibility and reconciliation, regardless of who was responsible.
But before this happens, the query needs to be solved who is responsible for accounting.
Countries coming out of the civic conflict turned to numerous mechanisms, from the Commission of Truth to the Criminal Tribunals. IN There was Yugoslavica AND RwandaSpecial UN courts were created to look at and prosecute perpetrators of serious crimes. These tribunals were created as independent court bodies dedicated to the investigation and prosecution of people most responsible for crimes committed during the conflict.
Guatemala, which emerged from the many years of the civil war in 1996I turned to the National Organization of Human Rights and Victims to take the lead in the process “Transition justice. “This covered the Historical explanation commission, which, by investigation, stated that It is estimated that 200,000 people were killed.
Non -governmental Foundation of Forensic Anthropology of Guatemala or FAFGSince 1993, it has been the basic part of the search, identification and repatriation of missing. FAFG collects personal data, DNA profiles and witness statements and is responsible for protecting the rights of the families of victims in the Guatemala judicial system.
His work continues to this present day.
What crimes needs to be taken under consideration
As for the civil war in Syria, it’s best to also choose the scope of each investigation in the case of disappeared and dead.
Does this include all missing and mass graves in the areas held by Al-Nusra, the Islamic State group and other armed groups, in addition to killed by Assad? The incontrovertible fact that groups and individuals who now form a government might be involved in violations of human rights can risk future investigations which might be skewed only to the victims of Assad.
Even if the scope has been narrowed to Assad’s crimes, it is not clear how far to go. The Assad rule in Syria began over 50 years ago under the command of Father Assad, Hafez Al Assad. And the murders and disappearance reach older time in power, including 1982 massacre in the city of Hama by which It is estimated that between 20,000 and 40,000.
The role of the state
Another query about facts concerns sharing information between groups of civil society and the state.
Information collected in the war by various non -governmental organizations is technically maintained or the “property” of such groups, not the Syrian state. This is a reason because the victims trust these organizations to guard information from the perpetrators, some of which could be part of the latest government.
. International Lost CommissionThe NGO based in the Netherlands gained its repute, identifying the dead from the conflict in former Yugoslavia in the Nineties and at the starting of 2000. That’s right gathered and stored testimonies Of over 76,200 Syrian relatives, over 28,000 missing people and identified 66 mass locations. Other organizations have similar testimonies.
But to what extent these groups will share their data and analyzes of the future Syrian state run by the Rebel Group itself accused of violating human rights, akin to arbitrary detention and torture?
At some point, the state of Syria could have to be involved on this process. Legally and in practice the state issues a citizen “civil identity“Through things like a birth certificate that establishes an individual with rights and obligations. In the same way, the state issues death acts by which the way of death defines all judicial reactions – akin to a criminal investigation in cases where death is attributable to murder.
The condition is also vital in solving problems akin to the widower’s heritage and status.
Identifying the stays from mass graves is subsequently not only a “technical” problem depending on the newest DNA laboratories and missing staff databases. It is also something that needs to be every future Syrian state work on and then have and take responsibility for.
The transition of responsibility from the state to a world authority would not likely help Syria in the development of its own accounting mechanisms wouldn’t keep the government to make sure justice to victims and their families.
In my opinion, strengthening the position of victims on this temporary process of justice should be a priority for the Syrian state. This includes the establishment of a transparent criminal and investigator effort to resolve the problems of families looking for family members.
I believe it should not be outside. In my experience with similar processes, it is vital that Syrians turn into “experts” in all facets of this process. Undoubtedly, the task will take a while and seek the truth about what happened and will involve each perpetrators and victims.
It is usually a painful and tedious process. However, this is essential if the Syrian, after the conflict, is to keep in mind those that tried to “erase” the identity of the victims, disappearing them, bury them in mass graves or leaving them under the bombarded debris of their districts.