THE HAGUE, Netherlands — Karim Khan, the chief prosecutor of the International Criminal Court (ICC), made a surprise visit to Damascus on Friday to engage with the leaders of Syria’s de facto government concerning accountability for alleged atrocities committed during the ongoing conflict in the nation.
Khan’s visit was prompted by an invitation from Syria’s transitional government. During his trip, he met with Ahmad al-Sharaa, the head of the new administration—previously known as Mohammad al-Golani—and the foreign minister. They discussed possible avenues for delivering justice in The Hague for victims of the civil war that has resulted in over half a million fatalities and left more than six million individuals displaced from their homes.
Al-Sharaa, who was once affiliated with al-Qaida but severed associations with the group years ago, currently leads Hayat Tahrir al-Sham (HTS), the entity overseeing the new authority in Syria. This former insurgent organization, labeled as a terrorist group by the United States, was pivotal in a rapid offensive that led to the downfall of long-time dictator Bashar Assad last month. HTS now functions as the de facto ruling party throughout the country.
After fleeing to Russia in December, Assad enforced a brutal crackdown against anyone who opposed his regime during his more than twenty-year rule. Rights organizations estimate that at least 150,000 individuals have gone missing since the outbreak of anti-government protests in 2011, with the majority disappearing within Assad’s extensive prison system. Many of these individuals are believed to have perished either through mass executions or due to inhumane conditions and torture in detention. However, the precise figures remain unverified.
The global chemical weapons watchdog has determined that Syrian forces were responsible for several chlorine gas attacks and other uses of banned substances targeting civilians. In addition, various groups have faced accusations concerning human rights violations and war crimes amid the civil war.
The new leadership has requested that members of the Assad regime be held accountable for their actions, yet it is currently unclear how such measures would be implemented. Syria is not a signatory to the ICC, which hampers the court’s ability to investigate the conflict. In 2014, a referral by the United Nations Security Council aimed at granting jurisdiction to the ICC was blocked by Russia and China, a contrast to similar referrals made for Sudan and Libya.
Khan’s visit follows a recent trip to Damascus by a U.N. organization tasked with investigating Syria’s most severe crimes. The International, Impartial and Independent Mechanism for Syria was established to aid in the gathering of evidence and prosecuting those responsible for potential war crimes, crimes against humanity, and genocide since the start of the civil war in 2011. Robert Petit, the head of the group, emphasized the critical need to secure documents and other forms of evidence before they are irrevocably lost.
