ICC chief prosecutor meets Syria’s de facto leader

The Chief Prosecutor of the International Criminal Court (ICC) recently made a surprise visit to Syria, meeting with Ahmed Shar’a, the leader of the country’s new de facto government, to discuss how to ensure accountability for alleged crimes committed in the nation. This visit aims to explore avenues for seeking justice for the victims of Syria's 13-year war.

Prosecutor Karim Khan met with Shar’a and the Syrian Foreign Minister last Friday to discuss various options for seeking justice for victims at the International Criminal Court. Khan’s office stated in a release that he was in Damascus "at the invitation of the Syrian transitional government," and the visit aimed to explore how to "provide cooperation and support to Syrian authorities in holding those responsible for alleged crimes in the country accountable.”

The International Criminal Court is a permanent global court with 125 member states, responsible for prosecuting individuals accused of war crimes, crimes against humanity, genocide, and aggression. Shar’a leads the “Hayat Tahrir al-Sham” (HTS) opposition forces, which launched a lightning offensive last month to overthrow President Bashar al-Assad, and the group has become the country's de facto ruling power. Assad fled to Russia in December last year, following more than two decades in power during which he carried out oppressive crackdowns on the opposition.

Human rights organizations estimate that tens of thousands of people have disappeared since anti-government protests began in 2011, with many held in Assad’s network of prisons. Many of them may have died in mass executions or due to torture and prison conditions, with the exact numbers remaining unknown. The global chemical weapons watchdog, the Organization for the Prohibition of Chemical Weapons, has found that Syrian forces have repeatedly used chlorine and other banned substances in attacks on civilians.

Other groups have also been accused of human rights abuses and war crimes during the Syrian war. The new authorities have called for members of the Assad regime to be brought to justice, but it is not yet clear how this will be implemented. Syria is not a member of the International Criminal Court, which prevents the court from investigating the war. In 2014, Russia and China vetoed a UN Security Council resolution that would have given the court jurisdiction. Similar requests have been made in Sudan and Libya.

Khan’s visit comes after a visit to Damascus last month by a UN-backed body investigating the most serious crimes in Syria. The establishment of the International, Impartial and Independent Mechanism for Syria aims to assist in collecting evidence and prosecuting individuals who may have committed war crimes, crimes against humanity, and genocide since the start of the Syrian war in 2011. The war has caused more than 500,000 deaths and forced over six million people to flee the country.