International Court of Justice orders Syria to prevent torture in case brought by the Netherlands and Canada News
International Court of Justice // Public domain
International Court of Justice orders Syria to prevent torture in case brought by the Netherlands and Canada

The International Court of Justice (ICJ) in The Hague issued an interim order on Thursday directing the Syrian government to “take all measures within its powers” to prevent torture. This development comes from a case brought by the Netherlands and Canada, accusing Syria of engaging in a prolonged campaign of torturing its own citizens. The court’s order serves to safeguard potential victims as the case accuses Syria of breaching the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. However, this process is expected to extend over several years.

During the announcement, ICJ President Joan E. Donoghue underscored the imperative for Syria to prevent acts of torture and other cruel treatments. The court’s directive also mandates Syria to ensure that its officials and entities under its influence abstain from engaging in such acts. Furthermore, the court required Syria to take effective measures to preserve evidence related to the allegations presented in the framework of the convention against torture.

The move for intervention by Canada and the Netherlands reflects a concerted effort to curb the Syrian government’s alleged violations of the torture convention. Syria boycotted the ICJ’s October hearing, and it is uncertain how it will respond to the court’s Thursday orders.

The Syrian conflict transformed into a full-fledged civil war following peaceful protests in 2011. The war took a turn in 2015 when Syria’s President Bashar Assad received military support from Russia, Iran and Hezbollah.

Human Rights Watch (HRW) welcomed the court’s ruling, emphasizing its potential to break the cycle of abuse and impunity suffered by Syrian civilians in detention centers. Balkees Jarrah, the rights group’s associate international justice director, warned that, “With systematic and widespread torture still a reality in Syria, the implementation of this ruling will be a matter of life or death for many Syrians in detention centers across Syria.”

Although Thursday’s court orders are legally binding, the ICJ has to rely on the UN Security Council to enforce its decisions. If the council does not act, the court’s orders may go unenforced, as in the 2022 case involving Russia’s invasion of Ukraine.

The ICJ’s decision comes on the heels of French authorities issuing international arrest warrants for President Assad, his brother and two Syrian army generals. The warrants allege complicity in war crimes and crimes against humanity.

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