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Determinants of Transitional Justice after the Fall of the Assad Regime (3 - 4)
عبد الله تركماني

Objectives of Transitional Justice in Syria after the Change
Transitional justice aims to initiate comprehensive societal reconciliation so that future generations can enjoy a sound social environment, free from resentments or revenge-seeking. It is also necessary for the success of the democratic transition process, recognition of the victims of the previous period, and prevention of recurrence of past atrocities. Additionally, it seeks to provide justice for the victims of the authoritarian regime and its leaders’ violations, especially during the Syrian revolution, and to compensate them for the harm they suffered.

The objective and methodology of transitional justice institutions is to strive towards achieving comprehensive justice during the transition from authoritarianism to democracy, addressing the legacy of human rights violations, and assisting the Syrian people in their political transition to achieve a more just and democratic future. This is pursued through a dual goal of accountability for past crimes and preventing new crimes from occurring, based on a strategy that focuses on rebuilding a homeland for the future that accommodates all components of the Syrian people, built on respect for human rights, democracy, and the rule of law.

While concepts and mechanisms of transitional justice are considered urgent necessities for countries and peoples that have undergone radical changes in their political, economic, and social systems, the need for them in Syria today is more pressing. This necessity arises due to several objective reasons, primarily the nature and methodology of the familial authority that has ruled Syria for 54 years, which has executed actions and strategies unlike anything seen in recent history, not only in its repressive and authoritarian approach but also in how it managed state affairs and institutions, and the closed fascist ideological approach that colored those institutions and society as a whole. Another reason compelling Syria to adopt transitional justice institutions and implement their concepts lies in the magnitude and nature of the heavy legacy that the authoritarian regime has left the Syrian people. Additionally, the risks posed by the current de facto authority led by Hayat Tahrir al-Sham further underscore the importance of establishing transitional justice institutions to address all remnants of the past as a remedy for dealing with the consequences of the fallen regime, particularly human rights violations.

The most significant challenge facing the democratic transition in Syria is the necessity of conducting a comprehensive national dialogue on how to deal with the past within the framework of transitional justice, ensuring that everything is done under state supervision, involving civil society institutions, leading to increased legal awareness and enhancing the rights culture regarding the importance of dealing—both humanely and legally—with the past in a manner that avoids reactions such as revenge, vendetta, or fostering factors of hatred and animosity. For the mission of transitional justice and its implementers to succeed, a timeframe must be set to track those responsible for serious criminal violations, seek the truth, and work towards compensating victims and rectifying material and moral damages, as well as achieving genuine reconciliations and comprehensive institutional reforms in legal, judicial, and security domains.

Transitional justice is supposed to investigate the chain of command and hold accountable those who ordered killings, and then address other individuals and elements who, although they participated in oppression, did so under orders or out of fear of their leaders' revenge. Transitional justice is in the interest of civilian victims and society as a whole; achieving this justice is pivotal in reintegrating these individuals into their communities, and acknowledging their actions helps them regain self-respect, and even accepting punishment, if it occurs, will enable them to free themselves from the heavy burden they will carry for the rest of their lives. Ultimately, a genuine reconciliation with society will end decades of oppression, persecution, and fear.

Three necessities and justifications can be outlined for uncovering the truth:
1. The desire of the victims and their families to know the answers to questions such as: Why did all this happen? Who is responsible? Why did all those violations occur? Where is the truth? Where are the victims buried? and other legitimate human concerns.
2. The wish to not erase the past; since the past forms the basis of the present and future, it is essential to unify and document the memory, and it is necessary to know the details of what happened to ensure we do not forget.
3. The desire to know the full truth with all its elements, raising the question: Is it possible to know everything? Can we comprehend what happened with the passage of time?

In Syria, the path of justice and accountability is "not only in the interest of the presumed victims from the revolution and the opposition and civilians who were killed by the regime's machinery, whose homes were destroyed, and who were cast into unemployment and displacement. It is also in the interest of the larger segment of the repressive apparatus itself, particularly those who were not convinced of all the crimes and heinous acts they committed.”

Most Syrians do not wish to hang nooses and do not reject pardoning certain cases if this pardon will prevent the Syrian community from falling once again into the abyss from

Dr. Abdullah Turkmani