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Syria torture testimony heard at the ICJ

October 10, 2023

The International Court of Justice has been hearing testimony about the Syrian regime's torture of tens of thousands of people. Canada and the Netherlands, which filed the case, claim that abuse is ongoing.

https://p.dw.com/p/4XLnZ
etherlands' agent Rene Lefeber, right, Canada's agent Alan Kessel, second right, and Canada's Teresa Crockett, third from right
The Netherlands and Canada are suing Syria at the International Court of JusticeImage: Peter Dejong/AP/picture alliance

The Netherlands and Canada on Tuesday accused Syria's government of carrying out a campaign of "institutionalized" torture against its own people.

Syria is boycotting the International Court of Justice (ICJ) proceedings in which the plaintiffs have demanded provisional measures to halt torture while judges hear the case.

What is being alleged?

The allegations detail torture and other degrading treatment, as well as inhumane conditions in prisons, the use of sexual violence and violence against children and enforced disappearances.

"Syria has committed countless violations of international law, beginning at least in 2011, with its violent repression of civilian demonstrations," the Netherlands and Canada said in documents placed before the court.

State-sanctioned Torture on Trial

Dutch legal representative Rene Lefeber said the mistreatment — including electrical shocks, beatings, rapes, and arbitrary detention under inhumane conditions — continued with impunity.

What the plaintiffs are asking for

The hearing focuses on a preliminary Dutch and Canadian request for the court to impose orders on Syria to halt torture immediately to protect potential victims.

"Every day counts," said Dutch government lawyer René Lefeber.

"The persistent and recurring practice of torture in Syria only serves to underscore the pressing need for the court to indicate provisional measures to manifest threats to life and bodily and psychological integrity," Lefeber said.

The Syrian government has boycotted the hearing but it has previously dismissed the case as "disinformation and lies."

Presiding judge Joan Donoghue expressed regret at the absence and noted that the hearing had already been postponed by three months at Syria's request.

Empty seats at the ICJ
The Syrian government legal delegation did not attend the first preliminary hearingsImage: Peter Dejong/AP/picture alliance

The International Criminal Court (ICC), based in The Hague, also rules on war crimes, but has been unable to in Syria because Damascus never ratified the tribunal's founding treaty, the Rome Statute.

Human Rights Watch described the hearing as a "watershed" case that it hoped would shine a spotlight on Assad's recent return from international isolation.

Although the ICJ is part of the United Nations and its rulings are supposed to be binding, it lacks an effective method of enforcement.

While it could apply to the Security Council for action, permanent member Russia is one of the Damascus regime's closest allies.

rc/ab (AFP, AP, dpa)