One Year Since the International Court of Justice’s Decision to Impose Provisional Measures Against the Syrian Regime for Violating the Convention Against Torture
On November 16, the International Court of Justice (ICJ) issued its decision in response to a request by Canada and the Netherlands to renew provisional measures in the case concerning the application of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment by the Syrian regime.
The purpose of these proceedings is to hold the Syrian regime legally accountable for its significant and systematic failure to fulfill its obligations to prevent torture and other forms of cruel, inhuman, or degrading treatment, as well as its numerous violations of the Convention Against Torture.
The Court ordered the Syrian Arab Republic to undertake effective measures, within the limits of its jurisdiction and capacity, to prevent acts of torture perpetrated by both official and unofficial entities, including organizations under its administrative control. Additionally, the Court directed the Syrian government to preserve any evidence related to such acts that fall within the scope of the Convention Against Torture. The Court further mandated the cessation of all acts of torture and arbitrary detention to maintain the status quo pending its final determination on the merits of the case.
One year following the issuance of this decision, the Caesar Families Association affirms that the Syrian regime has shown no serious commitment to implementing the ruling. Instead, it continues its policies of torture, arbitrary detention, and enforced disappearance in various forms.
Notwithstanding the binding nature of the Court’s order, human rights reports have documented the deaths of 84 individuals under torture, including 26 children, as well as the detention of 1,161 civilians, including women and children, since the issuance of the ruling. These figures highlight the ongoing suffering and violations endured by civilians in Syria, in the absence of practical measures to halt these systematic crimes.
Members of the Caesar Families Association have themselves endured, directly or indirectly, the crime of torture within the detention facilities of the Syrian regime. Many have lost loved ones as a result of the systematic torture conducted in these facilities, a crime compounded by arbitrary detention, enforced disappearance, and extrajudicial killings—all in violation of international human rights and humanitarian law.
The Caesar Families Association, therefore, holds the Syrian regime fully accountable for its ongoing violations of international law. The Association calls upon the International Court of Justice and the international community to adopt more stringent measures to ensure the cessation of these grave breaches, including the imposition of additional sanctions and the prosecution of individuals responsible for acts of torture and enforced disappearance.
Furthermore, the Association urges all relevant international actors and Member States to fulfill their obligations by ensuring the Syrian regime’s compliance with the mandated measures. This includes expediting the implementation of these measures, providing necessary support to affected Syrian families, standing in solidarity with victims of torture and enforced disappearance, and working toward the realization of justice and accountability to prevent impunity for these crimes.
November 16, 2024
