Document Type

Article

Disciplines

International Law

Abstract

The situation in Syria poses an existential challenge to the international commitment to justice and accountability; in order to salvage any notions of justice, the global world must innovate. As many as half a million people have died in Syria and 83% of the living population resides in poverty during the largest exodus since WWII. As well-documented war crimes and crimes against humanity continue to result in rising death and migration tolls, the political world stands idly by, stalled by geopolitical stalemates. This paper explores how traditional international justice mechanisms fall short of holding perpetrators accountable where there is political meddling, escalating security risks, a noncooperative nation-state, and a lack of financial support for justice. In order to ensure justice in an ongoing conflict where there is no clear victor, the international community must venture into uncharted legal terrain. Evidence collection and universal jurisdiction have kept the prospects of justice alive. However, a much greater international response, such as the establishment of an ad hoc tribunal without UNSC approval, is critical for transitional justice in a post-conflict Syria. While observers have noted the failure of international justice mechanisms, this paper identifies the obstacles to justice and provides possible mechanisms to circumvent them. The future of accountability in the Syrian context relies on the ability of international justice mechanisms to transcend geopolitical interests and meet the urgency and constraints of the moment.

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