War Crimes And Their Prosecution Under International Law: A Case Study Of The Syrian Civil War
- IJLLR Journal
- Jun 15
- 2 min read
Shambhavi Singh, B.A.LL.B., KIIT School of Law, Bhubaneswar, Odisha
ABSTRACT
The Syrian Civil War, with its origins in 2011, has generated global attention for its loss of humanitarian life, its egregious human suffering, gross violations of international humanitarian law, and systemic war crimes committed by both state and non-state actors. There have been numerous forms of war crimes during the conflict - indiscriminate bombings of civilian populations, proxy sieges, mass forced displacement of civilians, torture, extrajudicial killings, and the use of chemical weapons. Despite the numerous incidences of atrocities and egregious violations of international law being documented and condemned, accountability for war crimes has been legally and politically difficult.
This paper outlines the types and scope of war crimes in the Syrian conflict within the framework of international law. It identifies key legal regimes for prosecution—the Geneva Conventions, the Rome Statute, and customary international law—and examines avenues for accountability, including the International Criminal Court (ICC), national courts exercising universal jurisdiction, and ad hoc mechanisms like the UN's Commission of Inquiry on Syria (COI) and the International, Impartial and Independent Mechanism (IIIM).
The article contains a significant legal analysis of the issues and obstacles challenge these institutions and the wider international community in effectively responding to Syria's humanitarian disaster. These issues are exacerbated by the political deadlock in the context of the Security Council, which is caused primarily by veto actions or inaction; the limitations of existing international courts; and the importance of state sovereignty. The article finishes with a series of actionable recommendations that would improve accountability and justice in scenarios similar to that seen in Syria, which include Security Council reform; the effectuation of universal jurisdiction; the establishment of hybrid courts; and stronger evidence collection retention efforts. These reforms are necessary, not only for accountability for Syria but also for the credibility of international humanitarian law and the broader global commitment to human rights and the rule of law.
Keywords: Syrian Civil War, War crimes, Geneva Conventions, Rome Statute, ICC, Universal jurisdiction, IIIM, Accountability, Humanitarian law, Rule of law.
