The Netherlands and Canada have jointly filed a case against Syria at the International Court of Justice (ICJ) concerning allegations of torture. The application accuses the Syrian government of committing numerous violations of international law since the civil war began in 2011. Urging the ICJ to promptly compel Syria to prevent any acts of torture, this case could mark the first ruling by an international court on Syrian torture claims.
Dutch Foreign Minister Wopke Hoekstra emphasized the suffering endured by Syrian citizens, including torture, murder, disappearances, chemical attacks, and forced displacement. Holding the Syrian government accountable and combatting impunity are essential for achieving a lasting political solution in Syria. Bringing the case before the ICJ represents a significant step towards that goal.
While the Syrian government has not yet responded to this development, it has previously rejected the legality of the Netherlands and Canada's actions, consistently denying allegations of torture against opponents and their families. The Syrian conflict, which erupted after President Bashar al-Assad violently suppressed peaceful pro-democracy protests, has claimed the lives of over half a million people.
According to the Syrian Network for Human Rights, at least 14,449 civilians have died due to torture in government prisons, as former detainees have reported severe beatings, electric shocks, burning, extraction of nails and teeth, rape, sexual violence, as well as deprivation of food, water, and medicine.
The Netherlands initiated the proceedings against Syria before the ICJ in 2020, a year after Russia, an ally of Assad, announced its intention to block the United Nations Security Council from referring the situation in Syria to the International Criminal Court. Canada joined the process the following year.
Efforts were made by the two countries to reach a negotiated settlement with Syria, as outlined in the dispute resolution mechanism of the UN Convention against Torture, to which Syria is a state party. However, talks did not yield a solution, and Syria did not consent to the proposed arbitration within six months.
Consequently, the Netherlands and Canada decided to bring the case before the ICJ, aiming to compel Syria to fulfill its obligations under the convention. In their application, they request the court to declare that Syria must cease ongoing violations of the Convention against Torture, prosecute and punish those responsible for torturing detainees, and provide compensation to the victims.
In a previous case involving Belgium and Senegal, the ICJ ruled that state parties to the convention share a "common interest" in preventing acts of torture and ensuring that perpetrators do not enjoy impunity.