The Netherlands and Canada jointly submitted a case against Syria to the International Court of Justice (ICJ), accusing the Syrian government of committing numerous violations of international law, including torture, since the beginning of the country’s civil war in 2011. The primary objective of the application, filed with the registry on June 8, is to prompt the ICJ to take immediate measures to compel Syria to cease any future instances of torture. If the ICJ finds that it possesses the authority to rule on the matter, it would mark the first instance of an international court adjudicating Syrian torture allegations.
In their application, Canada and the Netherlands request that the ICJ order Syria to immediately cease its ongoing violations of the Convention Against Torture, hold accountable and punish those responsible for acts of torture, and provide compensation to victims. The ICJ previously ruled that state parties to the convention share a common interest in preventing acts of torture and ensuring that those responsible do not escape justice, as demonstrated in a previous 2012 case involving Belgium and Senegal.
Despite the absence of diplomatic relations between the two countries since 2011, the Netherlands has notified Syria of this decision through a diplomatic note from its permanent representative to the UN in Geneva.
The Syrian government previously contested the legality of the actions taken by the Netherlands and Canada and has consistently denied accusations of torture. The conflict in Syria has caused the loss of over half a million lives, and according to the Syria Network for Human Rights (SNHR). At least 14,449 civilians have reportedly perished in government prisons as a result of torture. Former detainees have provided harrowing accounts of systematic torture techniques, such as severe beatings, electric shocks, burning of body parts, and sexual violence.
The Netherlands originally initiated legal proceedings against Syria at the ICJ in 2020, and Canada subsequently jointed the process in 2021. Both countries have made efforts to reach a negotiated settlement with Syria in accordance with the dispute resolution mechanism outlined in the UN Convention Against Torture, to which Syria is a state party. The negotiations have not yielded a resolution, and Syria failed to agree to the proposed arbitration within the specified time frame.
