Legal Position Paper On the Syrian Government’s Non-Compliance with the International Court of Justice’s Provisional Measures Decision
The International Court of Justice (ICJ) has issued a ruling imposing provisional measures requiring the Syrian government to take immediate and effective actions to prevent acts of torture and cruel, inhuman, or degrading treatment. This paper addresses the legal implications and consequences of Syria’s failure to comply with these legally binding measures.
Introduction:
Since the outbreak of the revolution in Syria in 2011, the Netherlands and Canada have documented extensive human rights violations based on international reports, testimonies from local Syrian organizations, and witness statements, including the “Caesar Files,” which revealed systematic torture in detention centers operated by the Syrian government. Despite initial diplomatic efforts to engage in consultations with the Syrian government to ensure its compliance with the 1984 Convention Against Torture (CAT), these attempts failed due to the regime’s refusal to cooperate or take serious steps to investigate these violations.
As a result, the Netherlands and Canada jointly filed a complaint before the International Court of Justice (ICJ) on July 12, 2023, accusing the Syrian government of committing grave violations, including systematic torture and ill-treatment. The complaint relied on credible evidence such as the “Caesar Files” and survivor testimonies, invoking Article 30 of the Convention Against Torture, which allows state parties to refer disputes concerning the interpretation or application of the Convention to the ICJ. The complaint aims to hold the Syrian government accountable under international law, promote respect for international legal norms, and combat impunity despite anticipated challenges such as Syria’s rejection of jurisdiction or refusal to comply with the Court’s decisions.
On November 16, 2023, the ICJ issued a binding decision requiring the Syrian government to adopt provisional measures. These measures include preventing acts of torture and ill-treatment in detention centers, improving detainee conditions, and preserving evidence related to crimes. However, reports indicate that the Syrian government continues to ignore these measures, presenting a significant challenge to international law and underscoring the need for additional efforts to achieve humanitarian justice.
