THE SYRIAN COURT FOR PREVENT IMPUNITY
While hundreds of thousands have lost their lives and millions have fled the country, the bloody situation in Syria is still escalating causing more losses with no visible near term solution. The violence is not only shattering Syria’s present, it is also destroying its future. Evidences of systematic violations of human rights in Syria are being daily documented. Such violations come after decades of repression and lack of empowered state institutions, including courts.
While it seems the possibility of referring the crimes committed in Syria to the International Criminal Court or the establishment of a special tribunal for crimes in Syria is very weak because of the need to a decision by the Security Council care of the particular and this seems impossible because of the decisive opposition from permanent members of the Security Council.
Whereas many Western countries did not respond to the demand of giving their national courts the power to tackle the cases of the crimes against humanity committed in Syria, the commission of inquiry related to the Human Rights Council has refused to present the results of its investigations in the country and didn’t designate any defendants.
Due to the all perversely mentioned challenges, Justice appears to be one of the most weak current characters of the situation in Syria allowing impunity and encouraging perpetrators to commit more crimes with no respect to all international conventions on the protection of human rights.
With the international community continues its emphasis on political solutions with complete disregard for the file of justice and hold war criminals accountable, but also encourages the rehabilitation of criminals and turn them from warlords to policy princes.
The call for justice and condemning human rights violations as well as holding the perpetrators accountable is very necessary not only in order to emphasize the importance of the rule of law in imposing fair sanctions and recourse the families of the victims, but also to allow for a new civil peace movement in the country in order to lead the transition towards a safe democratic society while putting frustration, tension and extremism aside and also standing in the face of indiscriminate revenge which will lead to complete destruction of the Syrian community.
In response to the current challenges and complexity. the participating organizations in this project are trying this open a loophole in the wall through a project to create a especial civil popular court for Syria file whose status is either Turkey or the Hague, and is composed of international judges and lawyers are renowned for their competence and integrity, as well as Syrian judges and lawyers . Depends the laws of international trials mechanisms . and guaranteeing an open door for reconciliation and wide-ranging transitional justice process.
The most important is that we remind the international community with its helplessness and disregard for justice file under the name of political pragmatism, And withdraw the justice file in Syria from international interests Swaps.
Send a clear message to everyone that the files of justice and accountability of criminals who committed massacres and killed the Syrian people and destroyed Syria will not be in any way part of any negotiation or discussion or solution process. and not possible to talk about any political solution without it, the perpetrators of crimes against humanity can’t be in any way part of the future of humanity, the makers of the war can’t be peacemakers, and who destroyers Syria can’t be participants rebuilt.
The goal of this court is not only to open the files of international serious crimes committed in Syria in front of public opinion in order to hear the truth but also to allow the voice of the victims to be heard through public trials according the international criminal law and the processes of the International Criminal Court. The project also aims at building the capacity of Syrian national legal experts through a comprehensive practical training package which will enable them to lead a transitional justice process in the future.
Through this project, seek to achieve the following goals:
1- Build the capacity of a national team of Syrian committed judges and lawyers on international laws and due procedures of international trials with full transparency and in front of public opinion and the Media.
2-Send a clear message to the victims that justice will be achieved and that their rights will not be forgotten. Such a message is crucial to relieve tension and control revenge.
3- Send a clear message to the perpetrators of the crimes against humanity in Syria that they will not be any time away from prosecution and punishment.
4- to put the international community in front of its responsibility and to expose its inability and ignore justice file in Syria and put an end to the selective justice or revenge justice policy.
The project composes of:
1- three investigation rooms, each has an international judge and three Syrian judges responsible for opening primarily cases, compiling evidence, hearing witnesses and preparing the files in order to be referred to the Court.
2- A court body composed of five judges, including one international judges and four Syrians responsible for reviewing the cases referred by the investigation body.
3- composed of an international judge and four Syrians Office of the Prosecutor lawyers.
4- Office of the Defense composed of an international judge and four Syrians lawyers.
5-Administrative staff (Ten employees) responsible for the non-judicial aspects of the administration and servicing of the Court.
6- A Project Manager and two Assistants.
Implementation phases:
• Phase I
1- selection of judges and lawyers whose will involve to the project, Through a two-stage test to reach the number of participants of the first set, (twenty judges and lawyers).
2- preparation of the national staff of the Syrian and through conducting intensive .
3- – cooperate with the elite of international judges to start jointly with Syrians judges and lawyers to open files in front of the investigating rooms to hear the victims and prosecution and witnesses and evidence and issuing indictments.
4- Open and transparent trials in front of the tribunal, headed by international judges with the participation of Syrian judges and issuing final decisions.
Budget:
The project will run for a period ranging between three to five years depending on developments of the situation in Syria.
We call on all the people , states, and institutions to support the project, because the Justice and Accountability criminals file must to be the first step before talking about the new Syria