Syrian courts have opened war crimes investigations against four senior officials from the former Assad regime, in the most significant step yet toward transitional justice since the government created a national body to address past abuses.
The cases, announced by Syria’s attorney general in late July, target figures accused of atrocities against civilians during decades of Baathist rule.
They include Atif Najib, the former political security chief in Daraa whose men helped spark the 2011 uprising; former Grand Mufti Ahmad Badr al-Din Hassoun; ex-interior minister Mohammad al-Shaar; and security officer Ibrahim al-Huwija.
Shaar, who had fled abroad, surrendered to authorities in February, according to circulating reports and officials familiar with the matter.
The prosecutions come before the newly established National Authority for Transitional Justice has even completed forming its governing council, raising questions about whether the trials fall under its mandate.
But the head of the authority, Brigadier General Abdel Baset Abdel Latif, told Asharq al-Awsat in Damascus that the prosecutions were launched “in coordination between the authority and the Ministry of Justice,” dismissing doubts over the state’s willingness to hold perpetrators accountable.
Assad-era Crimes Under Scrutiny
The Syrian President issued a decree on May 17 creating the authority to investigate violations committed under the rule of Bashar al-Assad and Hafez al-Assad, prosecute those responsible and provide reparations to victims. The decree described transitional justice as “a cornerstone for building a state of law and a guarantee of victims’ rights.”
Abdel Latif, 62, was born in Deir al-Zor and studied law at Aleppo University before obtaining higher degrees in policing and legal sciences. A former police commander in Qamishli, he defected from the government in 2012 and later became secretary general of the opposition National Coalition before returning to state institutions after the fall of the Assad regime.
He said the authority was drafting a transitional justice law expected to pass after parliamentary elections. Trials will cover crimes defined under the Geneva Conventions, including genocide, war crimes, torture, forced disappearances and chemical weapons use.
The authority’s mandate covers violations committed up until Dec. 8, under the terms of the presidential decree, but excludes events thereafter, which will be handled by transitional government ministries such as defense, justice and interior.
Its remit includes Assad-era crackdowns on protests from 2011, repeated chemical weapons attacks, indiscriminate bombardment of cities with barrel bombs, arbitrary arrests and systematic torture in detention centers. It also covers atrocities dating back to the 1980s under Assad’s father Hafez, including the 1982 Hama massacre that killed more than 30,000 people, as well as mass killings in Jisr al-Shughour, Aleppo’s Masharqa district and Tadmor prison.
“Families in Hama ask if our work will include the massacres of the 1980s, which the world overlooked because there was no media coverage then,” Abdel Latif said. “We assure them the authority will listen to everyone.”
Legal Process, Int’l Support
Since its creation in May, the authority has received about 120 applications from Syrians seeking to join its work. A 16-member council will be appointed in the coming weeks, with remaining applicants assigned to specialist committees. Abdel Latif said victims’ rights would remain at the heart of its mission.
The body plans to launch an electronic platform and hotline to receive complaints, while witness protection measures are being designed. Complaints will be referred to committees tasked with gathering evidence and preparing case files for judicial proceedings.
Abdel Latif said he had met with representatives of more than 20 countries and 30 Syrian and international civil society groups over the past two months. He urged foreign partners to help set up a reparations fund, arguing that rebuilding war-shattered homes should be considered part of compensation.
“The old regime destroyed the country and left a huge burden,” he said. “The state alone cannot bear this. We hope reconstruction can be included in reparations, at least partial restoration of damaged homes, to console victims and help them recover.”
Syrian NGOs, he added, had built valuable expertise on transitional justice, human rights and missing persons. They will work alongside academics and historians on a “national memory committee” to preserve documentation for future generations and guard against repeating abuses.
Accountability for Assad?
Asked if the authority could pursue Bashar al-Assad and his brother Maher, both now outside the country, Abdel Latif said millions of Syrians were waiting for them to face justice.
“That requires a lot of work to collect and organize evidence legally, and some patience, because nothing comes easily,” he said.
He added that while the decree specifies crimes committed by the Assad regime, Syrians victimized by non-Syrian armed groups during the conflict also have the right to submit complaints. Since the former regime enabled the entry of many of those groups, the authority will consider such cases.
Balancing Justice, Reconciliation
Abdel Latif said transitional justice in Syria must follow two parallel tracks: accountability for grave crimes, and eventual reconciliation to allow society to heal.
“In many countries, transitional justice took five to eight years,” he said. “Our priority is to balance accountability and reconciliation, so that Syrians can be certain justice has run its course before moving toward national healing.”
The authority’s initial mandate is five years, though extensions are possible if its work is not complete. Abdel Latif said the first steps would involve outreach to the provinces most devastated by conflict, though opening branches in all 14 provinces was not currently feasible.
“Justice for the victims is the foundation of our work,” he said. “Only once justice is seen to be done can Syria move toward reconciliation and lasting peace.”
