Groundbreaking case filed against the Assad regime at the ICC

A group of Syrian refugees has asked Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), to open an investigation into the Syrian government for crimes against humanity. 

Rodney Dixon QC, of London’s Temple Garden Chambers, is leading a group of lawyers with the assistance of Stoke White, another London-based legal firm, to file evidence against the Syrian regime on behalf of 28 Syrian victims who have been forced over the border into Jordan.

Speaking in the British capital today after sending the communication to the ICC, Dixon said: “The ICC exists precisely to bring justice to the victims of these most brutal international crimes. The devastating war in Syria has been going on for almost nine years now and no one has yet been held accountable for the hundreds of thousands of violations against civilians.”

The focus of the case will be on the top leadership, including regime President Bashar al Assad, making it one of the first cases of its kind.

The Syrian refugees are currently residing in the Al Zaatari, Al Rajihi and Al Azraq refugee camps on the border between Jordan and Syria.

As part of the testimony, the refugees have claimed that were constantly being bombed, shot at, detained and tortured, and abused, as well as witnessing mass killings and large-scale violations.

One of the victims from the Al Zaatari camp recorded in her testimony:

“I saw a lot of people being shot at by the regime forces, people were being randomly shot including my 18-year-old nephew. Two other family members of mine were kidnapped and we never heard from them again. In 2012 my neighbour’s house was bombed and everyone living there died.”

She added: “My eldest son was being forced to join the regime forces but he refused. He was taken away and brought back to our house a few days later, he was bruised all over and didn’t recognise me. He was bleeding and his clothes were torn…. We knew we had to leave again.”

While the family fled to safety in Jordan, they have not heard whether their son is alive or dead in Syria.

Their story will no doubt be similar to hundreds and thousands of the other Syrians who have faced similar human rights abuses.

Amnesty International has methodically documented the human rights abuses in Syria noting that in Saydnaya Military prison alone the Assad regime has slaughtered more than 13,000 people and tortured thousands of others.

The lawyers of the victims are using a recent precedent set by the ICC on Rohingya refugees. Lawyers in that case successfully argued that Rohingya refugees who were driven out of Myanmar, a state that is not party to the ICC Statute, into Bangladesh, a country that is a party to the court, then the court could still have jurisdiction in the case.

The lawyers arguing on behalf of the Syrian refugees have argued that the same legal principle could be applied to Syria.

In this case, Jordan is a signatory to the Rome Statute that governs the ICC, although it has had a chequered past in implementing it.

Dixon added at Thursday’s press conference: “This case represents a genuine breakthrough for the Syrian victims. There is a jurisdictional gateway that has opened up finally for the ICC prosecutor to investigate the perpetrators who are most responsible.”

Up until very recently, it has not been possible for the ICC to open cases against Myanmar or Syria for their significant human rights violations, but this recent precedent could have far-reaching implications for both countries and others who until recently have acted with impunity, such as Israel. 

According to the United Nations High Commissioner for Refugees, the Syrian conflict has led to more than 5.6 million Syrians fleeing the war-torn country. More than 3.3 million refugees live in Turkey, making it the country hosting the highest number of Syrian refugees. 

More than 400,000 people have been killed, mainly by the Russian and Iranian-backed Assad regime and the international coalition.