Transitional Justice... What does it mean in practice for Syrians?

After examining the reality of transitional justice in Syria, a fundamental question remains for many Syrians: What exactly does this repeatedly cited process in official and human rights discourse mean, and what is it expected to accomplish on the ground?

Since the fall of the Baathist regime, particularly in recent months, the term "transitional justice" has been associated with the establishment of committees, meetings, official statements, and public appeals. However, the concept is far broader than these measures. It is not limited to trials or prosecuting suspects; rather, it encompasses a comprehensive set of judicial and non-judicial measures aimed at addressing the legacy of human rights violations and rebuilding trust between the state and society.

According to the United Nations, transitional justice consists of judicial and non-judicial mechanisms adopted by countries emerging from conflict or authoritarian rule to address the legacy of serious human rights violations. These mechanisms are intended to achieve justice, strengthen the rule of law, and prevent such violations from recurring.

Not Just About Courts

Contrary to what many people believe, transitional justice neither begins with the courts nor ends with the issuance of verdicts. Instead, it is based on four interconnected pillars, each of which depends on the others.

According to UN institutions, the first pillar is truth-seeking, which involves documenting what happened, hearing the testimonies of victims and witnesses, determining the fate of the missing, and identifying those responsible under the law. The aim is to establish a documented historical record free from denial or political manipulation.

The second pillar is judicial accountability, which means holding those responsible for serious violations accountable before an independent judiciary while respecting fair trial guarantees. The United Nations emphasizes that this is distinct from revenge or collective punishment.

The third pillar is reparations, which includes compensating victims, restoring their rights wherever possible, providing psychological and social support, and offering official recognition of the harm they suffered.

The fourth pillar is institutional reform, which involves reviewing the work of security, judicial, and administrative institutions, strengthening judicial independence, and establishing oversight mechanisms to prevent future abuses.

Why Does the United Nations Emphasize These Pillars?

The United Nations explains that prosecuting only a limited number of perpetrators is not enough to build lasting peace, because the root causes of violations may remain if institutions are not reformed, victims are not provided with justice, and the full truth is not revealed.

For this reason, the UN views transitional justice as a long-term process that may take years and requires the participation of state institutions, the judiciary, civil society organizations, and the victims themselves.

The Syrian Context

In Syria, legal experts argue that implementing transitional justice requires more than creating institutions or issuing decrees. It demands concrete steps, including uncovering the fate of the missing, holding those responsible for violations accountable under the law, compensating victims, and reforming institutions associated with those abuses.

Experts also stress that the success of this process depends on ensuring justice for all victims without discrimination based on region, political affiliation, ethnicity, or religion, as any perception of selectivity could undermine public confidence in justice and weaken prospects for national reconciliation.

In this context, Syrian legal expert Hussein Naaso previously told our agency that Syria's interim government should restructure the transitional justice system on the principles of independence, integrity, and transparency to ensure that all those responsible for violations and crimes committed against Syrians are held accountable in accordance with justice and the rule of law.

ANHA