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2451. 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

2452. Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
12-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recourse to universal jurisdiction as a justice mechanism for victims of international crimes has become increasingly popular in recent years. This is especially so given the small appetite for criminal accountability in countries where violations take place and the considerable shortfalls of the international justice system. Although universal jurisdiction faces serious challenges at the conceptual, legal, political, and practical levels, it often remains the only avenue for victims to pursue justice and address the “impunity gap.” This study considers the rationale for universal jurisdiction and describes the challenges and controversies it faces today. It explores similarities and differences between domestic laws that give effect to universal jurisdiction and considers the leading role played by nongovernmental organizations in generating such cases at the domestic level. In particular, the study focuses on the use of universal jurisdiction with respect to serious crimes committed in Syria and provides examples of cases brought before various domestic courts. It also explores the relationship between accountability initiatives for Syria at the international level. The future of universal jurisdiction as a viable mechanism of global justice is also considered. While this form of justice has made significant advances in recent years, it still faces considerable headwinds. The paper concludes with a set of recommendations aimed at entrenching universal jurisdiction as a globally recognized means of justice. The pursuit of universal jurisdiction has opened the door to the possibility of justice in contexts where it was previously thought impossible. A sufficiently high number of countries have introduced universal jurisdiction into their domestic systems. While there is no turning back, this approach to justice is far from generally accepted and has suffered setbacks. This is particularly the case at the political level, with the reach of universal jurisdiction being clawed back. Much work remains to be done to establish universal jurisdiction as a recognized and viable means of global justice.
Topic:
Reform, Criminal Justice, Accountability, Universal Jurisdiction, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, South Africa, and Syria

2453. Dead at the Root: Systemic Dysfunction and the Failure of Reform in Lebanon

Author:
Nour El Bejjani Noureddine and Anna Myriam Roccatello
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Lebanon is in crisis and its people are tired of decades of endemic corruption, mismanagement, and impunity and of moving from one disaster to the next without making any progress on long-awaited reforms. They have been left with a local currency that is rapidly declining in value, thus eroding their savings and livelihoods. The massive explosion in the capital on August 4, 2020, was only the latest tragedy, the result of decades of systemic dysfunction that perpetuates injustice for victims of all types of human rights violations in Lebanon and inflicts enduring harms on Lebanese society. During the 15-year civil war (1975–1990), more than 150,000 people died, 300,000 were injured or disabled, more than one million were displaced, and more than 17,000 went missing. Although the 1990 Ta’if Agreement effectively ended the armed conflict, it failed to address the human rights abuses committed during the war, a shortcoming that has also meant a failure to uphold victims’ rights. Rather than curbing sectarianism, one of the root causes of the war, the agreement strengthened it by establishing a system of power sharing among the different warring factions along sectarian lines. Today, nearly half of Lebanon’s population is living below the poverty line, with limited services and high economic insecurity. Since the war, the elite class in Lebanon has consistently blamed the country’s dysfunction on others, including neighboring countries and the international community, which have interfered in different ways in the politics and finances of the country. That narrative is no longer sufficient. It is clear that the problems Lebanon is facing today have deep-rooted causes that were never addressed at the end of the war. People will continue to find themselves victims of a corrupt and unjust system until that system is uprooted entirely, and a new, more just, equal, inclusive, and nonsectarian structure is set up in its place.
Topic:
Corruption, Reform, Criminal Justice, and Truth and Reconciliation
Political Geography:
Middle East and Lebanon

2454. The Past in the Present: Ancient Patterns in the Emergent Middle East

Author:
Andrew Gilmour
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
In all spheres of human life decision making can be more or less well informed and prudent. Sometimes ignorance or the passion of the moment yields disastrous results. Sometimes wise, circumspect decisions avert catastrophe. In politics and especially in foreign policy, the consequences of either good or bad leadership are potentially far-reaching. Those charged with making big decisions need to be as prepared as possible to understand the circumstances in which they are operating and to estimate the likely outcome of their actions. The effects of ignorance, superficiality, and rashness can be devastating. What best prepares foreign policy decision makers to carry out their duties responsibly is a topic of great importance. Here the purpose is to draw attention to one of the requirements for sound decision-making, that of understanding the extent to which the past, sometimes the ancient past, influences the present. A leader ignorant of that which came before may instead turn to a superficial or accustomed theory or set of assumptions, perhaps derived from a cherished ideology.
Topic:
Foreign Policy, Governance, Leadership, and Ideology
Political Geography:
Middle East

2455. Bridging Geneva and Astana: The Best Hope for Sustained De-escalation in Syria

Author:
Mona Yacoubian
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
As the conflict in Syria approaches its tenth anniversary, a holistic political settlement encompassing the entirety of the country is unlikely in the near to medium term. More than eight years of diplomatic initiatives have yielded only limited results. The two principal tracks – the Geneva and the Astana/Sochi processes – are running up against the complexity of the conflict and an emboldened Assad regime; neither process is sufficient on its own to generate momentum towards a lasting political settlement for the whole of Syria. However, creatively bridging these two processes could bring greater stability to those areas of Syria still beyond the Assad regime’s control, assuaging the suffering of some Syrians, and potentially serving as a building block for a longer-term settlement. Barring a major strategic shift in diplomacy, developments on the ground could render both diplomatic efforts obsolete. Instead, negotiation efforts should pivot to develop innovative approaches to bridge the Geneva and Astana processes. This bridging effort would focus on consolidating fragile ceasefires in Syria’s northwest and northeast regions, and anchoring some semblance of stability in these areas through improved humanitarian access and enhancing local governance structures.
Topic:
Diplomacy, Conflict, Peace, and Escalation
Political Geography:
Middle East and Syria

2456. Syria in the US and Israeli debate on Iran

Author:
Shira Efron
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
With presidential elections in the United States underway in November 2020[1], the only possible scenarios for Washington in the Middle East are either continuation and solidification, or a change in its Iran policy, each with different potential impacts on the geopolitical conflict between the United States, Israel, and allied Arab countries on one side and Iran and its regional Axis-of-Resistance on the other. Analysing current convergences and divergences between the United States and Israel on Syria and Iran is important to anticipate potential changes in both countries’ positions following the US election, as such changes may impact the effectiveness and even the prospect of the continuation of the United States’ so-called ‘Maximum Pressure’ campaign. The policies of the two countries on Syria and Iran became varyingly intertwined as Iran entrenched itself deeply in Syria. Nonetheless, it is important to note that Israel and the United States differ in their approaches to tackling Syria. This contribution attempts to assess the US campaign against Iran, the cost it is likely to have inflicted upon it in Syria, and the outlook of an agreement with Iran. Although we are considering US policy on Iran, the analysis here also includes the Israeli perspective. Private conversations with Israeli current and former officials have provided important insights into how Israeli officials see US policy in Syria and vis-à-vis Iran, and can add a unique contribution to the dialogue. In this analysis, we sought to address several issues. First, whether there are any incentives for Iran to concede to US demands or reach a meaningful bargain, and whether under a Biden or Trump administration a new Joint Comprehensive Plan of Action (JCPOA) could be renegotiated to include Iranian expansion in the region. We also examined the form and incentives structure that could entice Iran to offer a constructive contribution to the stability of Syria and the region. In addition, we assessed to what extent the Maximum Pressure campaign affects Iran, and whether targeting Syria with sanctions would incentivise both the Syrian government and the Syrian locals (who are working with Iran as fighters) to break with Iran. Finally, assuming that Iran is in Syria to protect its own interests, we question whether more threats to Tehran would lead to reduced presence in Syria.
Topic:
Security, Diplomacy, Military Strategy, Governance, Elections, and Leadership
Political Geography:
Iran, Middle East, Israel, Syria, North America, and United States of America

2457. The Syrian National Army (SNA): Structure, Functions, and Three Scenarios for its Relationship with Damascus

Author:
Omer Ozkizilcik
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Syrian National Army (SNA) is officially part of the Syrian Interim Government (SIG) and responds to the Ministry of Defense (MoD). Abdurrahman Mustafa, the President of the SIG, and Selim Idris, the Minister of Defense, oversee the SNA. Idris is also the Chief of Staff of the SNA. The SNA is then further divided into legions and factions. The commanders of the three key legions of the SNA, namely Muataz Raslan, Mahmud el-Baz, and Abu Ahmad Nour, are responsible for all of the factions of their legion. The fourth, fifth, sixth, and seventh legions are organised under the National Liberation Front (NLF). Each faction commander is officially under the legion’s command, though each legion’s number of factions vary, and each legion commander makes decisions as a representative of their legion in coordination with Selim Idris, the commanders of the other legions, and the council. The council is made up of SNA faction leaders who each maintain their own autonomous area and thus can exercise significant power. Therefore, most decisions need explicit or at least tacit approval from them. The SNA’s Chief of Staff and the MoD have different offices operating autonomously from the factions of the SNA and only respond to Selim Idris. The SNA is additionally composed of eight offices (figure 1): The media office, the military court office, the military police, the guidance counselors’ office, the finance office, the administration and organisation office, the operational office, and the training office.
Topic:
Military Strategy, Military Affairs, Leadership, and Autonomy
Political Geography:
Middle East and Syria

2458. Security, Stability, and Counter-Terrorism in Idlib: A Turkish Perspective

Author:
Serhat Erkmen
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
In Idlib, armed groups can be categorized under three conglomerates: Hayat Tahrir al-Sham (HTS), the Syrian National Army (SNA), and radicals led by Hurras al-Deen (HaD). Among these three anti-government groups, HTS is the strongest one. Though the SNA’s Idlib branch has more manpower than other groups, HTS has superiority in terms of discipline, organisation and weaponry.
Topic:
Security, Terrorism, Military Strategy, Governance, Counter-terrorism, and Strategic Stability
Political Geography:
Europe, Turkey, Middle East, and Syria

2459. Russia’s Increasing Stalemate in Southwest Syria

Author:
Alexey L. Khlebnikov
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The town and province of Daraa in southwest Syria is known for being a “cradle of the Syrian revolution”. Six years after the start of the Syrian uprising, it has been included in one of the four de-escalation zones that Russia established in Syria striking deals between different opposition armed groups and Damascus, with the consent of external actors. The southwest de-escalation zone is comprised of three provinces – Daraa, al-Suwaida, and al-Quneitra – whose proximity to Israel has been a crucial factor in Moscow’s strategy in the region. The southwest Syria de-escalation zone has several peculiarities that make it distinct from the other zones, in particular its geography, i.e. its proximity to Israel, which has defined Russia’s very special and nuanced approach to it. At the same time, the Russian approach to dealing with the armed opposition groups within the zone was similar to the groups in other de-escalation zones. So, what makes Russia’s approach different?
Topic:
Security, Military Strategy, Conflict, and Strategic Interests
Political Geography:
Russia, Europe, Middle East, and Syria

2460. The Syrian National Army: Formation, Challenges, and Outlook

Author:
Nawar Shaban
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
On 30 December 2017, the Syrian Interim Government (SIG) announced the establishment of the Syrian National Army (SNA). The main goal was to unite all military factions that fought as part of the Euphrates Shield and Olive Branch military operations against the Islamic State (IS) and the Democratic Union Party (PYD). In October 2019, and prior to the launch of Operation Peace Spring in the east of the Euphrates, the merger of the National Liberation Front (NLF) and the SNA was announced, through an official ceremony in the presence of the SIG officials in Şanlıurfa, Turkey. This discussion paper aims to clarify the key difficulties that have faced the SNA since its foundation until now. The paper will also outline potential scenarios for the SNA in future military and political realities. Figure 1 and Table 1 give an idea on the SNA’s areas of control and that of rivalling local and international actors in Aleppo, Idlib, and al-Raqqa.
Topic:
Military Strategy, Military Affairs, Leadership, and Civil-Military Relations
Political Geography:
Middle East and Syria