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11. Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those who are detained and their families, and recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. While most parties to the Syrian conflict are complicit in carrying out arbitrary and incommunicado detentions, including both state and non-state actors, the vast majority of detention-related violations since 2011 have been carried out by the Syrian state. The policy paper – a joint project of ICTJ and the Center on International Cooperation (CIC) at New York University – draws from a variety of sources, including the authoring organizations’ longstanding work on Syria and engagement with Syrian victims, as well as inputs from interviews and an expert roundtable in The Hague, Netherlands, in October 2019. The paper looks in depth at the main government security agencies responsible for arrests and detentions in Syria and shows how the regime weaponizes the law to criminalize political activity, to maintain absolute control over the Syrian population, and to justify arrests and detentions of peaceful demonstrators, political opponents, and human rights activists, all behind a facade of legality. It shows how, at every level, the system works in contravention of fundamental principles of human rights law designed to protect individuals from unlawful and arbitrary deprivation of liberty, including rights guaranteed in the international declarations and conventions to which Syria is a party. The paper provides additional information about nonstate actors who over the course of the conflict are known to have abducted and detained not only opposing armed forces, including Syrian army, but many civilians. From there, the paper goes on to examine the harsh realities facing families of those who have been detained, abducted, and forcibly disappeared in Syria and what must be done to begin addressing the rights of these victims, which have been so seriously violated. It looks at four primary areas of action that must be considered urgent for Syrians: (1) official acknowledgment of detentions and the disclosure of information about the whereabouts and fate of the forcibly disappeared and abducted; (2) detainee releases; (3) access to detention facilities by monitoring groups; and (4) addressing the consequences of enforced disappearance on families. The paper concludes with comprehensive recommendations for what can and should be done, now and in the future by the Syrian regime and other parties to the conflict, as well as the international community. On an urgent basis, it recommends among other things the immediate release of all those arbitrarily detained as well as vulnerable prisoners such as the sick, women, the elderly, children, and the disabled; unimpeded access by the International Committee of the Red Cross to all places of detention; and the sharing of lists specifying the status and location of detainees held by the Syrian government and other nonstate actors. In the long-term, it proposes creating among other things an independent mechanism for reviewing the remaining cases of detention, safe centers where families can request information about the fate of their loved ones, and rehabilitation programs where released individuals can access psychosocial and other vital services. These and other critical steps are a matter of extreme urgency, as the paper makes plain, if there is to be any possibility of lasting peace in Syria.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Justice, Engagement, Gender, and Truth and Reconciliation
Political Geography:
Middle East and Syria

12. MENA’s Frozen Conflicts

Author:
Marc Lynch
Publication Date:
11-2020
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
Over the last year, the MENA region’s simmering conflicts have seemed frozen in place. The internationally-fueled civil wars in Syria, Yemen and Libya have long since settled into an equilibrium in which no side can either truly win or truly lose. Those conflicts have been held in place in part by local ecologies and war economies and in part by the competitive interventions by regional and international powers on behalf of their proxies and clients. But are these conflicts truly frozen? What does viewing them through such a lens gain, and what are the theoretical and analytical costs? To explore these questions, POMEPS convened a virtual research workshop on September 25, 2020, with scholars from diverse empirical and theoretical backgrounds.
Topic:
Security, Civil War, Politics, Citizenship, Military Intervention, Conflict, Syrian War, Mental Health, Crisis Management, Peace, Justice, Capital, and Mobilization
Political Geography:
Iraq, Middle East, Libya, Yemen, North Africa, Lebanon, Syria, and United States of America

13. Breaking the Cycle: Iraq following the military defeat of Islamic State

Author:
Maria-Louise Clausen
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Despite the Iraqi Security Forces’ success in the military defeat of Islamic State (IS) and reconquering of territory seized by IS in 2014, the Iraqi state faces substantial challenges. These challenges have been exacerbated by IS, but did not emerge with IS and will therefore also not disappear with the defeat of IS. This DIIS Report underlines the fragmentation and policization of the security sector as a concern. Although the continued threat from IS has a destabilizing impact on the Iraqi state, the report especially points to the role of the Popular Mobilization Forces (PMF: an umbrella term for more than 50 armed groups that mobilized against IS in 2014), the sustained focus on identity politics and the pressure on the Iraqi state as key issues for the rebuilding and stabilization of Iraq. The presence of PMFs in Iraq is a challenge to the Iraqi state’s monopoly of violence and the PMFs continue to commit violations with impunity. Moreover, the PMFs (Popular Mobilization Forces) are capitalizing on their role in the defeat of Islamic State to increase their political role. Finally, despite the recent movement towards issue-based politics, identity remains a vital element in Iraqi politics, as seen in the continued practice of power-sharing between Kurds, Shias, and Sunnis. This combined with the Iraqi population’s general lack of trust in the political system challenges reconstruction. Nonetheless, the report asserts that there is a window of opportunity for Iraq, that should be seized by the Iraqi elite and the international community to engage in the difficult process of reconstruction and reconciliation. The report provides a brief overview of some of the main challenges facing Iraq that must be dealt with if Iraq is to break the cycle of violence that has haunted the country for decades.
Topic:
Security, Defense Policy, Democratization, Poverty, Terrorism, Non State Actors, Inequality, Fragile States, Economy, Conflict, Violence, Peace, and Justice
Political Geography:
Iraq and Middle East

14. The Impact of Remote Surveillance in Iraq: A tool of coercion or public security

Author:
Maria-Louise Clausen
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The state of Iraq is struggling to exert control over its territory. As a result, remote surveillance is being used to enhance the effectiveness of policing. However, constant surveillance may have a negative impact on emerging state–society relations. RECOMMENDATIONS ■ Invest in research focusing on the impact of surveillance on state–society relations in the Global South. ■ Work to introduce transparency in the use of surveillance in the Global South. ■ Encourage a discussion of issues of privacy and the regulation of airspace in the Global South.
Topic:
Security, Defense Policy, Fragile States, Surveillance, Violence, and Justice
Political Geography:
Iraq, Middle East, and Global South

15. Fighting the Demonization of Israel at the International Criminal Court

Author:
Eytan Gilboa
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC) at the Hague, has decided to indict senior Israeli policymakers and military officers for committing war crimes in the West Bank and Gaza. Her decision is baseless, preposterous, and discriminatory, and it violates the ICC’s own mission and rules. Bensouda’s action should be placed within the wider context of the Palestinian disinformation, delegitimization, and demonization campaign against Israel at international organizations. Israel should discredit and delegitimize the ICC in turn via aggressive political measures and collaboration with concerned liberal democracies, primarily the US.
Topic:
Human Rights, International Law, Justice, and International Criminal Court (ICC)
Political Geography:
Middle East, Israel, Palestine, Gaza, and West Bank

16. After 8 Years and 500,000 Dead, No ‘Normalization’ in Syria without Justice

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Today, 15 March, marks eight years of deadly conflict in Syria. Since 2011 half a million people have been killed, 11.9 million have been displaced from their homes and 13 million remain in dire need of humanitarian assistance. As the conflict enters its ninth year and the prevailing media narrative is that the civil war is coming to an end, civilians in Syria still face the threat of war crimes and crimes against humanity.
Topic:
Human Rights, Humanitarian Aid, International Law, Syrian War, Justice, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Middle East and Syria

17. The Role of Women in Syria's Future

Author:
Rafif Jouejati, Jomana Qaddour, Sarah Hunaidi, and Charles Lister
Publication Date:
11-2019
Content Type:
Video
Institution:
Middle East Institute (MEI)
Abstract:
The Middle East Institute hosted a public event featuring a panel of influential Syrian women, focusing on the important role of women within Syrian civil society and in local and international initiatives aimed at shaping a better future for Syria. The panel focused particularly on the contributions made by women in Syria’s ongoing political processes, including the nascent Geneva negotiation track, as well as in the recently UN-convened Constitutional Committee.
Topic:
Political Activism, Women, Syrian War, Peace, and Justice
Political Geography:
Middle East and Syria

18. The Cost of Justice: Exploratory Assessment on Women’s Access to Justice in Lebanon, Jordan, Egypt and Yemen

Author:
Sarah Barakat
Publication Date:
06-2018
Content Type:
Research Paper
Institution:
Oxfam Publishing
Abstract:
Women in the Middle East and North Africa region face challenges in their attempts to seek and get justice. Despite some promising legal awareness initiatives, mostly led by civil society, women’s knowledge of their rights and family law is limited. They lack social capital and the financial means to claim their rights, and the systems in place to provide financial support are insufficient and often ineffective. Women’s pursuit of justice is further limited by entrenched patriarchal values at community and court levels. Though some laws in the countries covered by this research have been positively amended recently, women still face discrimination in the judicial system based on their sex, their religion, and their financial status.
Topic:
Civil Society, Gender Issues, Women, and Justice
Political Geography:
Africa, Middle East, Yemen, Lebanon, Egypt, and Jordan

19. Justice for the Victims: How Canada Should Manage Returning “Foreign Fighters”

Author:
Kyle Matthews
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The U.S.-led international coalition has dislodged the Islamic State in Iraq and Syria (ISIS) from the cities it had occupied and controlled, namely Mosul and Raqqa. But while the group is weakened, it lives on and remains dangerous. Both the U.S. Department of Defense and the UN estimate that approximately 30,000 ISIS fighters remain in those countries. At the same time, a significant number of “foreign fighters” have fled Iraq and Syria. Numerous countries are struggling to find policy solutions with regards to managing the return of their nationals who had joined the group. The Canadian government has stated publicly that it favors taking a comprehensive approach of reintegrating returnees back into society. Very few foreign fighters who have returned to Canada have been prosecuted. Canada has both a moral and legal duty to seek justice and uphold the most basic human rights of vulnerable populations. ISIS and other jihadist groups engaged in systematic mass atrocities against minorities in Iraq and Syria, including Christians and Shiites. ISIS has demonstrated a particular disdain for the Yazidi minority in Iraq, and the Canadian government has recognized the group’s crimes against the Yazidis as genocide. As a State Party to the Rome Statute of the International Criminal Court and a signatory of the Convention on the Prevention and Punishment of the Crime of Genocide, Canada has a responsibility to uphold these international legal conventions when formulating carefully crafted policy responses that deal with returning foreign fighters. Canada should attempt to prosecute its nationals in domestic courts using the Crimes Against Humanity and War Crimes Act. Open trials can serve as means by which to lay bare ISIS’ narrative and to help counter violent extremism and future atrocities. They can also serve as a deterrent and warning to other Canadians who might try to join ISIS as it mutates and moves to other countries in the world, such as Libya, Afghanistan, Egypt, the Philippines, Pakistan, or heaven forbid, in Mali where Canadian peacekeepers have recently been deployed. If Canada truly stands for multiculturalism, pluralism, the rule of law, global justice, human rights, and the liberal international order, then we must stand firm and take a principled stand to prosecute those who have fought under the ISIS banner. That includes our own citizens.
Topic:
Crime, Human Rights, Terrorism, Islamic State, Justice, and Foreign Fighters
Political Geography:
Iraq, Middle East, Canada, Syria, North America, and United States of America

20. Unheard Voices: What Syrian Refugees Need to Return Home

Author:
Maha Yahya, Jean Kassir, and Khalil El-Hariri
Publication Date:
04-2018
Content Type:
Special Report
Institution:
Carnegie Endowment for International Peace
Abstract:
As the Syrian regime regains territory, there have been growing calls in neighboring countries for refugees to go home. Yet refugees have conditions for a return—conditions that political efforts to resolve the Syrian conflict have largely ignored. To understand refugee attitudes toward return, the Carnegie Middle East Center listened to the concerns of Syrians—both male and female, young and old—struggling to build meaningful lives in Lebanon and Jordan. What is most striking is that despite the increasingly difficult challenges they face, a majority are unwilling to go back unless a political transition can assure their safety and security, access to justice, and right of return to areas of origin. Economic opportunity and adequate housing are important but not requirements. Above all, their attitudes make it clear that both a sustainable political settlement and a mass, voluntary return are contingent upon international peace processes that account for refugee voices.
Topic:
Security, Refugee Crisis, Conflict, Syrian War, Peace, Justice, and Transition
Political Geography:
Middle East, Lebanon, Syria, and Jordan