ECtHR as an Avenue for Accountability: Possibilities and Constraints
As Russia has, for the time being, closed the door on all available means for international accountability against the Assad government’s atrocities in Syria, human rights groups and lawyers have pursued alternative avenues for justice, including through national prosecutions in European jurisdictions. Although the complaints that target high-level government officials are hugely symbolic, it remains unlikely that authorities in Europe would be able to apprehend the named defendants even if a court issued an arrest warrant or a guilty verdict in absentia. State-sponsored violence, however, does not begin and end with Syria alone. Other countries have contributed to illicit arms sales, indiscriminate attacks, and other prosecutable offenses during the course of the war. While President Bashar al-Assad’s inner circle remain out of reach, are there other means for achieving justice for victims of atrocities in Syria?
As a member of the Council of Europe, Russia is subject to the European Convention on Human Rights (ECHR), a human rights instrument that is upheld and adjudicated by the European Court of Human Rights (ECtHR). Any national or resident of a Member State can petition the Court for redress if they have a claim that their rights under the Convention were violated by the Member State. The Court’s judgments are in the form of fines to compensate victims of violations and are binding upon the state in question. The Committee of Ministers of the Council of Europe monitors the execution of fines, and any Member State that repeatedly fails to abide by ECtHR judgements could theoretically be ejected from the Council. Russia isgenerally compliant – as a Member State, it sends its lawyers to defend against claims and, for the most part, respects judgements to pay compensation to victims (although, it rarely makes structural changes to laws/procedures ordered by the Court).
Since Russia entered the Syrian conflict in 2015, the intensity of indiscriminate aerial attacks has increased. Under the mantra of counter-terrorism operations, Russia has used lethal force, resulting in strikes on medical facilities, humanitarian missions, schools, and other civilian infrastructure. While there is plenty of documentation that Russia violated provisions of the ECHR, the primary obstacle for any claim against Russia in the Syrian context will be one of jurisdiction.
The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.
Throughout March 15th, 2011 to April 30, 2017, the Damascus Center for Human Rights Studies (DCHRS) documented a provisional total of 147,498 casualties. 80% of those killed were civilians accumulating to 117,788 civilian victims. The remaining 20% belonged to one of the fighting factions. The number of documented children during the indicated period is 16,261 Children victims at a rate of 11% of the total victims. The documented number of women casualties is 11,343 at a rate of 8% of the total victims.
The total number of combatants that DCHRS documented is approximately 29,710 casualties with a ratio of 20% of the total number of victims. Nevertheless, 19% is the ratio of women and children combined. Therefore, for every soldier killed, a child or a woman is killed, and about more than three civilians are also killed.
Based on the above statistics and charts, the Damascus Center for Human Rights Studies (DCHRS) calls the international community to terminate the indiscriminate aggression of aerial aviation, which is designed specifically to target civilians deliberately. DCHRS commends any efforts or initiatives to establish a safe zone in Syria, which shall save many lives of civilians. Furthermore, DCHRS condemns the constant aerial bombardment of the regime air forces, Russian air forces, and the U.S led coalition forces, for perpetrating crimes against humanity and war crimes against the Syrian Civilians. Also, DCHRS denounces the continues failure of the UN Security Council to achieve mechanisms to end violence in Syria, and to account crime perpetrators to justice. Additionally, DCHRS urges the UN and the international community to implement the “Ceasefire” agreement and to create a no-fly zone that could prevent the deaths of many children, women, and civilians.
DCHRS, inspired by its main mission in documenting and monitoring human rights violation in Syria and as a member of the International Coalition for the Responsibility to Protect (ICRtoP), urges all the concerned organization to work on, referring the cases of these massacres, and the many other massacres perpetrated by the Syrian regime, to the I.C.C. and the specialized courts, holding the individuals responsible for these crimes accountable including Bashar Al-Assad as he is the chief-in-command of the army and the armed forces.
وثّق مركز دمشق لدراسات حقوق الإنسان في الفترة الممتدة بين 15 أذار – مارس من العام 2011م حتى تاريخ 30 من شهر نيسان/إبريل من العام 2017م، ما مجموعه 147,498 ضحية، تم تسجيلهم بالاسم الثلاثي والثنائي، قرابة 80 % منهم كانوا مدنيين وعددهم 117,788 مدني، من بينهم وثق المركز 16,261 شهيداً من فئة الأطفال بنسبة قدرها 11%، و11,343 امرأة من فئة النساء بنسبة قدرها 8% من العدد الكلي للقتلى، بلغت النسبة المتبقية وهي 61% توثيق ما يقارب 90,184 رجلاً من فئة المدنيين.
بلغ مجموع القتلى من العسكريين وفق الأرقام التي تمكن المركز من توثيقها ما يقارب 29,710 شخص. شكل العسكريون نسبة 20% من مجموع الضحايا الكلي، وهذا عدد يقارب مجموع عدد النساء والأطفال معاً ونسبتهم 19%، وبالتالي من كل عسكري يقتل، هناك طفل أو امرأة تقتل، و3 رجال من فئة المدنيين يلقون حتفهم،.
بناء على ما تقدم من إحصائيات، فإن مركز دمشق لدراسات حقوق الإنسان يناشد المجتمع الدولي بوضع حد للعدوان العشوائي المتمثل بالطيران الجوي الذي صمم خصيصاً ليستهدف المدنيين حيث بات يوقع في صفوفهم على نحو يومي ضحايا مستمرين. ويشير المركز إلى أن مبادرات إقامة منطقة آمنة في سوريا ستقي الكثير من أرواح المدنيين، كما ينكر مركز دمشق قصف قوات النظام المدعومة بغطاء جوي روسي وقصف قوات التحالف الدولي لارتكابهم جرائم ضد الإنسانية وجرائم حرب عجز مجلس الأمن الدولي عن ردعها عبر إيجاد آلية ما للجم العنف والقتل الذي لم يتوقف ليوم واحد منذ بداية الثورة السورية وحتى نهاية شهر نيسان/إبريل من العام 2017 حيث تشهد الإحصاءات المذكورة أعلاه، بـ147,498 ضحية 80% منهم مدنيون.
وباعتبار مركز دمشق عضو في التحالف الدولي من أجل تطبيق مبدأ مسؤولية الحماية (ICRtoP)، يطالب مركز دمشق أيضاً بالسعي الحثيث لتحقيق العدالة الانتقالية في سوريا، عبر ضمان الإنصاف لكل الضحايا الأبرياء وإعلاء مبدأ المساءلة وعدم الإفلات من العقاب.
كما يعود المركز ليدعو مجلس الأمن الدولي والمنظمات ذات الصلة للاضطلاع بمسؤولياتهم وفقاً لمبادئ مسؤولية الحماية (R2P)، وعدم الوقوف موقف المتفرج على ما يحصل من انتهاكات في سوريا أضحت تطال البشر والحجر معاً.
Throughout April 5th, 2011 to April 30, 2017, and following the Sarin Chemical attack that took place in Khan Shaykhun, and after the U.S assaults against Shayrat air base, the Damascus Center for Human Rights Studies (DCHRS) documented a total of 28 massacres committed in different Syrian provinces. 19 out of these massacres were perpetrated by the Syrian regime and Russian forces, and the remaining 9 were perpetrated by the U.S led coalition. Most of the victims killed in these massacres were civilians including children and women.
28 مجزرة عقب مجزرة الكيماوي بخان شيخون خلال شهر نيسان/إبريل 2017
وثق مركز دمشق لدراسات حقوق الإنسان خلال المرحلة الممتدة من الـ5 من شهر نيسان/أبريل الماضي وحتى 30 منه ارتكاب النظام السوري والقوى المتحالفة معه وفي مقدمتها روسيا حوالي 19 مجزرة، فيما رصد بجانب التحالف الدولي ضد داعش ارتكاب نحو 9 مجازر.
The Damascus Center for Human Rights Studies prepared a comprehensive report detailing the chemical weapon attack against Khan Sheikoun. The evidence collected by DCHRS confirmed the use of Sarin Gas, and eye whiteness testified to DCHRS valuable information about the CW attack. DCHRS could only document 69 victims by name. most of the victims who had been suffocated by this attack were children, women, and civilians.
من جديد جريمة مروِّعة تتشابه من حيث الطبيعة مع الجريمة التي وقعت في الغوطة الشرقية لدمشق صيف عام 2013، والتي مررها المجتمع الدولي دون حساب أو عقاب، مكتفيا بعبارات التنديد والقول بحسب السلاح من القاتل، ليعود القاتل ذاته مستخدما ذات لسلاح معلنا مذبحة مدوية جديدة يندى لها الجبين على مرأى ومسمع العالم أجمع.
وفي هذا التقرير يسلط مركز دمشق الضوء على قيام ًالنظام السوري أو حليفته روسيا بقصف مواقع سكنية في مدينة خان شيخون بريف محافظة إدلب شمال سوريا ومناطق قريبة، عبر نوع من الغازات التي وصفت بـ”الخانقة” و”السامة”، مستعينا المركز بما توفر من معلومات وفرها ناشطوه وناشطون ميدانيون متعاونون مع المركز في الشمال السوري.
Welcome to our weekly summary of Syria Deeply’s top coverage of the crisis in the country.
“De-escalation zones”: Russia put forward a proposal to create four “de-escalation zones” in Syria on Wednesday at the latest round of talks in the Kazakh capital of Astana. The Syrian opposition walked out of the discussions the same day, however, “because of the violent airstrikes on civilians. The suspension will continue until shelling stops across all Syria,” a rebel source present at the talks told Agence France-Presse.
Russian media reportedly obtained a copy of the signed memorandum, which said the proposed safe zones would include areas in the provinces of Idlib and Homs, the Eastern Ghouta region in the Damascus suburbs and a southern area. The draft proposal said the zones aimed to “put an immediate end to the violence” and “provide the conditions for the safe, voluntary return of refugees,” according to an Arabic-language copy of the draft obtained by AFP.
Syrian state-run media added that the memorandum also aimed to “combat terrorism in an effective way.” Syria “supports” the plan and “confirms its commitment to the cessation of hostilities regime signed Dec. 30, 2016, which includes not shelling these regions,” according to a foreign ministry statement.
Russia and Turkey brokered a nationwide cease-fire in December. Iran and the two countries signed a trilateral deal a month later at the first Astana talks, stating that the three would act together to monitor and enforce the cease-fire. However, clashes and aerial bombardments continued in many areas of Syria, including Idlib and Eastern Ghouta.
Advance on ISIS: The United States-backed Syrian Democratic Forces (SDF) continued their offensive against the so-called Islamic State, taking control of large parts of the northern Syrian town of Tabqa. On Monday, the United Kingdom-based monitor the Syrian Observatory for Human Rights (SOHR) said the SDF controlled roughly 80 percent of the town.
Clashes between the two groups intensified near the end of the week; at least 36 ISIS fighters and 10 SDF fighters were killed, according to the SOHR.
On Tuesday, ISIS attacked a camp for displaced people and a defense forces checkpoint near the Iraq-Syria border, killing at least 30 people, mostly civilians.
“Deteriorating” conditions in Eastern Ghouta: Infighting erupted between the major opposition and extremist groups in Eastern Ghouta. Clashes began last Friday between Jaish al-Islam, a prominent Islamist rebel group in the area, Failaq al-Rahman and the al-Qaida-linked Hayat Tahrir al-Sham. By Thursday, fighting had killed at least 143 people, including 13 civilians, according to al-Jazeera.
The clashes have worsened the already dire situation in Eastern Ghouta, which has been besieged by pro-government forces since 2013, significantly driving up the cost of basic supplies such as food and medicine. Some 400,000 people are trapped in Eastern Ghouta suffering from “the deteriorating security and humanitarian situation” the U.N. in-house news agency said on Monday.
On Tuesday night, a humanitarian convoy of 51 trucks was given permission to enter the area for the first time since October 2016. However, residents in the area’s de facto capital, Douma, said the supplies were not nearly enough.
“The supplies are only enough for a few days. There isn’t even enough for the city of Douma alone – the aid will total 7,000 meals for the 25,000 thousand families in the city,” Khalid Aybour, head of the Douma Local Council told Syria Direct.
As the FSA-linked Free Idlib Army continues to struggle to counter al-Qaida’s control in the province, the U.S. may be looking to support a larger rebel merger on the ground in Syria, writes Syrian journalist Abdulrahman al-Masri.
Domestic violence is reported to have risen sharply among Syrians forced to flee their homeland. While many aid programs target women, some groups in Lebanon are putting new focus on men, hoping to address the problem at the source.
Syrian students and academics scattered by war have had their careers and education disrupted. We spoke to the founder of the Jamiya Project, which is trying to reconnect Syrian academics to refugee students through blended online and in-person learning.
Kim Bode, Community Editor of Syria Deeply and Refugees Deeply
As the U.S. and Russia reopen discussions about Syria, Syria Deeply spoke with Russia policy experts about Moscow’s primary objective and what it would take for the Kremlin to drop Assad.
Mansour Omari, Syria Correspondent, Reporters Without Borders
On International Press Freedom Day, Syrian journalist and Syria correspondent for Reporters Without Borders Mansour Omari discusses the rise of citizen journalists documenting the conflict in Syria, which is an act of resistance itself.
Zeina Yagan, Senior Associate, Orient Research Centre
Orient Research Centre associate Zeina Yagan discusses one of the many dilemmas that has emerged for Syrians during the conflict: How does one bridge the deep, sometimes emotionally charged, divides in the Syrian community?
FIRST LOOK
Upcoming coverage
We are always looking for new writers, experts and journalists who are covering the crisis in Syria and are interested in writing about a variety of topics. Please send us your ideas, story pitches and any other thoughts about our coverage via email, Twitter or Facebook.
Welcome to our weekly summary of Syria Deeply’s top coverage of the crisis in Syria.
Four Towns Evacuation: Evacuations of civilians and fighters from Madaya, Zabadani, Fou’a and Kafraya was underway on Friday after several delays this week.
Iran and Qatar brokered the evacuation agreement, which allows safe passage for civilians and rebel fighters from Zabadani and Madaya, two rebel-held towns outside the capital that are being besieged by the government, to Idlib province. Under the terms of the deal, safe passage would also be granted to civilians and pro-government fighters from Fou’a and Kafraya, two government-held towns in Idlib that are under siege from rebels, to regime-controlled areas of Aleppo.
Evacuations began over the weekend but were stalled on Saturday when a bomb blast hit buses carrying evacuees from Fou’a and Kafraya, killing at least 126 people, including at least 60 children. No group has claimed responsibility.
Evacuations briefly resumed on Wednesday: some 3,000 people left Fou’a and Kafraya, and an 11-bus convoy left Zabadani. However, the process was then put on hold for 48 hours – until Friday – when rebel forces demanded the release of 750 prisoners in government custody. It is not yet clear if the prisoners have been released but the government has released the prisoners, but the convoys began to move again on Friday, according to the Syrian Observatory for Human Rights (SOHR).
Chemical Weapons: Results from the Organization for the Prohibition of Chemical Weapons (OPCW) tests and analyses show “incontrovertible” evidence that that Sarin gas or a similar agent was used in the chemical weapons attack in Idlib earlier this month. Initial findings are the result of an analysis of bio-medical samples from the autopsies of three victims and from seven people being treated in hospitals.
Speaking at a press conference in Israel on Friday, U.S. Defense Secretary James Mattis said he could “say authoritatively” that the Syrian government “retained” some chemical weapons. He added that “it’s a violation of the United Nations Security Council resolutions, and it’s going to have to be taken up diplomatically.”
In a press briefing with Israeli reports on Wednesday, a senior Israeli military officer said the Syrian government still possessed “a few tonnes of chemical weapons,” according to Reuters. The Syrian government has denied using chemical weapons.
Relocated Warplanes: The U.S. said the Syrian government recently moved its warplanes from the Shayrat Airbase to a Russian base in Latakia. U.S. Defense Secretary James Mattis confirmed this on Friday, saying that the Syrian government has “dispersed their aircraft, no doubt. They have dispersed their aircraft in recent days.”
Two weeks ago, the U.S. launched 59 cruise missiles on the Syrian airbase, in retaliation for a chemical weapons attack allegedly carried out by the regime in Idlib. A U.S. official told ABC News that the recent move was part of a tactical strategy to protect Syrian aircraft from future U.S. strikes.
Here’s a round-up of confirmed, unconfirmed and conflicting information regarding the U.S. missile attack and its impact on the Bashar al-Assad government and the state of U.S.-Russian relations.
On International Street Children’s Day, Refugees Deeply speaks to Syrian students in Lebanon, some who had previously been out of school and on the streets for years, about the importance of education in their young lives.
A missile strike by the U.S. at a Syrian regime-held airfield was to deter future chemical attacks and should not be seen as a sign of escalating the conflict, writes Rachel Ansley of the Atlantic Council.
Frederic C. Hof, Community Editor of Syria Deeply and Refugees Deeply
President Donald Trump’s administration has reached a crossroad when it comes to its policy in Syria and they may have an appetite for objectives-based strategy for the war-torn country, writes former ambassador Frederic C. Hof.
Kim Bode, Community Editor of Syria Deeply and Refugees Deeply
Syria Deeply spoke with Erin Hunt of Mines Action Canada about the extensive use of barrel bombs in Syria by Bashar al-Assad’s government and their devastating impact on civilians.
Kim Bode, Community Editor of Syria Deeply and Refugees Deeply
The White House has drawn another “red line” in Syria, saying regime barrel bombs carrying industrial chemicals such as chlorine may prompt a U.S. response. Syria Deeply spoke to Andrew Tabler of the Washington Institute for Near East Policy about the new U.S. position.
FIRST LOOK
Upcoming coverage
In light of the ongoing regime offensive in the Damascus suburbs, our reporters will look into the role of smuggling tunnels in Syria’s siege economies. We will also continue our coverage of the aftermath of the chemical attack and U.S. strike in Syria, focusing on how recent developments could put civilians even more at risk.