Could Koblenz Prove More Important Than Nuremberg After Historic Syria Torture Trial?
If States Follow Urging By UN High Commissioner for Human Rights Michelle Bachelet To Adopt Germany’s Universal Jurisdiction Model
The word “historic” has been liberally used to describe the conviction in the Higher Regional Court in the German town of Koblenz of one of President Bashar al-Assad’s many intelligence officers overseeing mass torture in Syria for crimes against humanity. After Russia backed by China vetoed in the UN Security Council the referral of Syria to the International Criminal Court to protect Assad and his regime many thought the idea of justice and accountability in Syria was dead! However, Col Anwar Raslan’s conviction for crimes against humanity for the perpetration of killings, torture, serious deprivation of liberty, rape, sexual assault and hostage-taking makes very clear justice and accountability is only beginning even if being secured outside Syria.
Meanwhile leading Syrian human rights activists like Wafa Mustafa who maintained an iconic vigil outside the courthouse in Koblenz during the trial with photographs of her father and others disappeared said while recognising Raslan’s conviction was “crucial” it is only a “first step on a very long and painful road.” Wafa asked people to remember that her father and “130,000 others remain behind bars.”
However, if Russia and China remain committed to preventing the referral of Syria to the International Criminal Court by the UN Security Council, the only way it can be done as Syria is not a party to the statute establishing the court, how can we ensure this historic verdict in Koblenz speeds up the process of ultimately getting Assad into court to face trial for crimes against humanity?
The UN High Commissioner for Human Rights and former Chilean President Michelle Bachelet offered one step which could make a big difference. Bachelet urged other states to adopt Germany’s model of universal jurisdiction which allows anyone from anywhere, even if not a citizen or resident in Germany, to pursue justice if subjected to torture or crimes against humanity. In other words if more states become venues for justice and accountability it sends a clear message that we are serious about ending impunity and those responsible for the most egregious crimes of our time will know when ever they travel they run the risk of being apprehended and ultimately prosecuted.
Obviously the International Criminal Court is the ideal venue to prosecute Assad and leaders like him for the most egregious crimes against humanity. But with Russia and China in the UN Security Council using their veto to protect authoritarian leaders like Assad and making efforts to end impunity so difficult the wider adoption by states of universal and extra-territorial jurisdiction is another initiative with major potential.
Nonetheless, Bachelet also asserted the conviction of Col. Raslan has put all Syrian leaders and officers on notice: “no matter where you are or how senior you may be, if you perpetrate torture or other serious human rights violations, you will be held accountable sooner or later, at home or abroad.” If that is to really weigh heavily on Assad and his fellow officers in compelling them to end their crimes and halt their systematic mass torture more states must adopt universal jurisdiction to send them an unequivocal message they will face justice some day?
However, the High Commissioner also reminded all states that are party to the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that they are required to ensure that all acts of torture are offences under its criminal law. “They are required to establish jurisdiction over torture where the alleged offender is present on its territory,” she said. In other words, they could prosecute any Syrian officers suspected of torture on their territory like Germany has successfully done.
Many have been alarmed at how Syria has fallen out of the news as crimes against humanity of the most egregious kind continue to be committed on a large and systematic scale. In fact, as the world continued to turn its back we were amazed over the last three years filming “Bringing Assad To Justice’ how Syrians in different and innovative ways are seeking to achieve justice and accountability.
One of these historic bids for justice and accountability in Syria which we featured in the documentary reached its conclusion in Koblenz with the conviction of Col Anwar Raslan. However, the role of people like Anwar al-Bunni and Mazen Darwish both extraordinarily brave human rights lawyers who were themselves imprisoned and tortured by Assad cannot be under estimated. Indeed, the work of the leading German justice and accountability NGO the European Centre for Constitutional and Human Rights (ECCHR), and lead attorney Patrick Kroker, who assisted the Syrian torture victims in the Koblenz case was also remarkable.
Indeed, one of the drivers in compelling us to complete that very ambitious and now multi awarding winning documentary was to show how Syrians refused to let Russia’s and China’s attempt to deny them justice to succeed when they vetoed Syria’s referral to the ICC. The call by UN High Commissioner Bachelet for other states to adopt universal jurisdiction and extra-territorial jurisdiction is very important and if followed up could even make Koblenz more significant than Nuremberg?
The reason why egregious human rights abuses and crimes against humanity become more prevalent and escalate is that perpetrators like Assad are convinced they will never face justice. Koblenz reminds the Syrian dictator that while his lower ranking colonels may face trial today the momentum created by their convictions and the determination of Syrians like Mazen Darwish and Anwar al-Bunni and so many others will ensure that one day he too will go on trial for crimes against humanity.
