Large-scale violations of international criminal and humanitarian law are taking place in the Syrian conflict. In the absence of a referral of the situation to the International Criminal Court or the creation of a specialised tribunal, innovative efforts to gather and preserve evidence for future prosecutions are being supported by a number of states.
The Commission for International Justice and Accountability is preparing prosecution case files that will meet international standards for evidence in criminal trials, recently completing a case file addressing individual criminal responsibility at the superior level for crimes committed in Syrian regime-controlled detention. The question remains what efforts are needed to establish jurisdiction of a properly constituted court or tribunal at the domestic or international level over these crimes?
At this meeting, the commission presented its work, methodology and findings of the completed case files. The discussion looked at the legal ramifications of non-governmental organizations conducting high-level atrocity crimes investigations in ongoing conflicts; and how the results of such investigations may or should inform policy on the conflict in Syria.