The International Court of Justice Takes Up a Case Against Syria: The Convention Against Torture

A Picture of the International Court of Justice in the Hague, where the most important questions of human rights in the world today are debated (Picryl)

By: Elizabeth Koenck

The International Court of Justice (ICJ) began proceedings on torture in President Bashar al-Assad’s Syria on October 10, 2023. Canada and the Netherlands raised the case in June 2023 against Syria’s ongoing “pervasive and entrenched” practices of torture since 2011. Syria is accused of violating the Convention Against Torture, which it has been party to since 2004. 

The United Nations Charter of 1945 established the ICJ, which serves today as the judicial branch of the UN. Located in The Hague, Netherlands, the ICJ settles disputes between nations as in a typical court and offers advisory opinions, although its effectiveness is sometimes controversial.

The case taken by the Netherlands and Canada against Syria represents a new trend where states that are not part of the violation raise a case with the ICJ in order to create accountability for state offenses. Syria itself is not present at its hearing. 

Estimates show that upwards of 14,000 people died in Syria’s prisons from complications relating to torture, while another 130,000 are unaccounted for. In a choice by the prosecutors, no images of survivors were shown in an effort to desensationalize the proceedings. However, in later hearings, Syrian survivors of torture will testify to strengthen the case against President Assad’s regime and to demonstrate the human impacts of torture.

Outside of the Hague, protestors of Assad’s regime await the results of the trial. The ICJ’s case against Syria strengthens Assad’s opponents both on the ground in the Netherlands and around the world. They hope that the ICJ case will cause the International Criminal Court (ICC) to open a case directly against Assad, whom they call a “chemical criminal.” The logistics of this objective are difficult, however, as the ICC has no jurisdiction in Syria.

Whatever may come, the ICJ case is a symbol of hope for many Syrians and signals to the world the importance that the UN assigns to human rights violations. It is an example of international cooperation and will pave the road for more accountability for human rights abuses worldwide.