Syria Watch

How Will Syria’s Assad Be Held Accountable For Crimes Against Humanity?

Every week, The WorldPost asks an expert to shed light on a topic driving headlines around the world. Today, we speak with David Crane, a Syracuse University professor involved in the impartial effort to catalog Syrian war crimes.

The conflict in Syria has entered its fifth year. The death toll tops 220,000 and the humanitarian situation continues to deteriorate. In addition to fighting among rebel groups, Islamic State militants and government forces, there is proof of systemic killing of detainees by the regime of Syrian President Bashar Assad.

The most tangible and shocking evidence of mass murder was presented last year in a report that included thousands of photographs smuggled out of Syria by a former military policeman who has been dubbed “Caesar.” A report on these photos by top international lawyers and forensic scientists verified his account, and said there had been “industrial-scale” killing.

One of the authors of the Caesar report was David Crane, who acted as chief prosecutor of the Special Court for Sierra Leone that indicted Charles Taylor, the former Liberian president now imprisoned for war crimes. Crane is now a professor at Syracuse University, where he is involved in the Syrian Accountability Project, an impartial body documenting crimes in the Syrian war. The WorldPost spoke with Crane about his work and the future of efforts to hold those responsible accountable.

Can you speak to the scope of the crimes and the evidence that you’ve witnessed?

The international crimes, which are still going on, are war crimes and crimes against humanity. We see no evidence of genocide, which is a specific-intent-crime, and you literally have to have a smoking gun to prove that. But war crimes and crimes against humanity are being committed across the board by all parties.

When I co-authored the Caesar report, we highlighted to the world that the Assad regime has been conducting a long-term industrialized killing of their own citizens for decades. The pictures coming out from Caesar — that he smuggled out in his shoe — these are high-definition, forensic photos that he took as a military forensic photographer of the deceased. The good thing about the photos is that they’re all numbered and verifiable, and we have the very person who took the photos able to verify them.

War crimes and crimes against humanity are being committed across the board by all parties.

We have Caesar safely ensconced in a country that is protecting him. We were able this time last year to capture as much as 50 percent of the original photos and put them in an evidence locker. In addition, we have a chain of custody, so we can establish legally the verifiable aspects of all these horrific photos.

Something that was mentioned in your report was an estimate of 11,000 detainees that were killed.

That’s correct. How we established that was we had a great team of very experienced individuals: two former chief prosecutors, the lead prosecutor for the [Slobodan] Milosevic case, chief forensic pathologist, forensic anthropologist and a photograph expert. We were able to determine scientifically that these 54,000 photographs probably showed about 11,000 deceased.

The scariest part about this was that this was only from three detention facilities in and around Damascus, but the Syrian Accountability Project has found as many as 52 detention facilities. So what we may be looking at is the tip of a horrific iceberg.

We have no idea how bad this is and I suspect that it’s going to be far worse than imagined.

We have no idea how bad this is and I suspect that it’s going to be far worse than imagined.

How does the Syrian Accountability Project get its evidence?

We get our data from many sources. Open-source information gives us a sense of what’s happening, and then we also have agents in place on scene, including human rights and victims groups that are reporting directly to us.

Our crime base matrix is now over 2,100 pages of Excel spreadsheet. The way we organize it is by listing the time, date, incident and alleged perpetrator. We also list specific violations of the Geneva Convention and specific violations of the Rome Statute. In addition, we translated the Syrian criminal code into English and list specific violations of Syrian law as well. This allows a future local or international prosecutor to take this and review which crimes they may charge or investigate.

It’s fascinating, 10 years ago we didn’t have any of this concept of social media. We used to have to go out and get all our evidence the old-fashioned way. Now it’s gone completely in reverse, and there is so much information that it’s a tsunami. In most cases, it’s important information, but useless in court due to legal issues such as verification and chain of custody. Our challenge now is building a case against all these parties, and we’re very careful about not putting anything on the crime base matrix unless it’s verifiable two or three times over.

Is there a precedent for how social media might be used in court?

The information that’s coming on social media is just information, it’s not evidence yet. It becomes evidence when it’s verifiable. We’re confronted with a new phenomenon, and the legal rules of evidence require us to do certain things to verify it. It can be done, but it’s just a function of having to go back to the source — just because it’s on YouTube means nothing to a court of law. It has to be authenticated.

Just because it’s on YouTube means nothing to a court of law, it has to be authenticated.

A lot of the data that is useless in a court of law is still important historically and for truth-telling, of course. It’s just not usable. As much as 98 to 99 percent of all the data coming out of Syria has no legal significance.

What are the step-by-step processes of bringing accountability to these crimes when the conflict in Syria finally ends?

Once the geopolitical aspect of this is solved, if it ever is, we can prosecute heads of state and henchmen for what they’ve done. We’ve done it before in the Charles Taylor case. It will be an international court — probably not the International Criminal Court because of likely Russian and Chinese objections — but we can create a hybrid international court like the special court I helped found in 2002. You may also see an internationalized Syrian domestic court or even just a Syrian domestic court. We’ve been building this trial package with the anticipation of any of that happening.

I’ll leave you with this: 10 years ago, President Charles Taylor of Liberia was the most dangerous warlord in Africa and never thought he’d be held accountable. Ten years later, he has been convicted in an open court. His appeals have been run and now he’s spending the rest of his life in her majesty’s maximum-security prison in the northeast of England.

It may seem that justice is slow, but justice is justice. The people of West Africa can look at this monster that destroyed over 1.2 million of them having been held accountable and serving the rest of his life in jail. Patience is important, and we need to keep moving forward.

This interview has been edited and condensed for clarity.

VDC: The Weekly Statistical Report of victims, from 14 until 20 March 2015

U.N. Investigators Sharing Reports of Syrian War Crimes with European Authorities

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

DAMASCUS, Syria – A team of United Nations Investigators have begun sharing details from their secret database on Syrian war crimes with European Authorities pursing domestic court cases. The Database contains detailed information on suspected war crimes committed in Syria during the course of the country’s Civil War which has now entered its fifth year. The move by the investigators could pave the way for the perpetrators of mass atrocities including killing and torture on all sides of the brutal conflict to be brought to justice. The goal is to go around the deadlocked United Nations Security Council, where Russia and China, which hold veto power, have prevented the cases from being referred to the International Criminal Court (ICC) for prosecution.

Paulo Pinheiro, chairperson of the International Commission of Inquiry on Syria, speaks during a news conference at the United Nations in Geneva November 14, 2104. (Photo courtesy of Reuters)

Paulo Pinheiro, the chairman of the United Nations’ commission of inquiry, urged national authorities to contact the independent investigators who have compiled five confidential lists of suspected war crimes over nearly four years. Pinheiro and his team of investigators, including former U.N. war crimes prosecutor Carla del Ponte, said last month they planned to publish names of the suspected perpetrators of atrocities in Syria and push for new ways to bring them to justice, especially if the Security Council continues to fail to act.

Carla Del Ponte, who served as the former chief prosecutor of the International Criminal Tribunal For Former Yugoslavia (ICTY), which was established to investigate suspected war crimes committed during the Balkan conflicts in the 1990s, argued that that the International Criminal Tribunal For Former Yugoslavia serves as an example of how an ad-hoc tribunal could eventually be established to bring justice to Syria. Del Ponte; “At the beginning I was for the ICC but now with the changing situation, I think an ad-hoc tribunal could be more efficient and work faster,” Del Ponte told the Guardian in an interview in Geneva. “First of all, the ICC would prosecute only three, four, five perpetrators, not more. I think an ad-hoc tribunal could prepare a list of over a hundred, like the tribunal for the former Yugoslavia … An ad-hoc tribunal could also be based near the region, facilitating access of witnesses, documentation and so on.”

The Assad Regime’s Ambassador to the United Nations, Hussam Edin Aala, dismissed the database created by the four year investigation claiming that a “biased and selective approach” was used by the United Nations investigators. He also claimed they had ignored crimes by Islamist insurgent groups. The regime of Syrian President Bashar al-Assad has been accused of committing war crimes and crimes against Humanity throughout the civil war, which began when the regime turned its guns on peaceful protesters demanding democratic reforms.  More than 200,000 people have been killed during the Syrian Civil War which began in 2011.

For more information please see:

Al Arabiya – U.N. Investigators to Share Syria War Crimes List – 17 March 2015

The Daily Mail – UN Investigators to Share Names Of Syria War Crimes Suspects – 17 March 2015

The Guardian – Call for Special Tribunal to Investigate War Crimes and Mass Atrocities in Syria – 17 March 2015

Reuters – U.N. Investigators Sharing Syria War Crimes Findings with European Authorities – 17 March 2015

7 Days For Syria: Starting March 15th