Justice can’t substitute for politics

Anwar Albuni, Director of the Syria Center for Legal Studies and Research in Berlin, gave an overview today at the Middle East Institute of prosecutions in Europe for serious crimes over the past 12 years of revolution, repression, and civil war in Syria. These include at least 60 indictees for war crimes and crimes against humanity, including Bashar al Assad if I understood correctly, as well as many others for money laundering.

Justice as a substitute for political progress

Albuni’s view is that these prosecutions worry the Syrian leadership and send a powerful message to human rights abusers worldwide. He hopes that in the absence of any progress in the constitutional talks in Geneva, the prosecutions in Europe and one potential prosecution in Chicago will exclude abusers from the political process and prevent diplomatic normalization with the Syrian regime. The Russians and Chinese are blocking any action in the UN Security Council. But he hopes the General Assembly may create a special court, at least to prosecute use of chemical weapons.

The diplomatic normalization the Arab countries are pursuing with Syria should be, he thought, expected. The Gulf in particular wants no democracies in the region. Its monarchies even supported extremists in Syria in order to prevent a real democracy from emerging there. An audience member noted that Turkiye today is on a similar wavelength and is preventing Syrian witnesses from leaving Turkiye to testify in European courts.

Hope is not a policy

I might be inclined to hope Albuni is correct. But I don’t see much evidence for his perspective. There are certainly instances where indictments have given pause to abusers, but Syria isn’t likely to be one of them. Twelve years of civil war with only a few dozen lower-level convictions is not going to stop Bashar al Assad from his homicidal ways any more the International Criminal Court indictment will stop Vladimir Putin from kidnapping Ukrainian children.

Human rights abuses are not incidental for Assad and Putin. They are part of the war-fighting strategy and well-documented, including by an organization on whose board I sit. Bashar used chemical weapons because he found them effective. Like barrel bombs, they are cheap and indiscrimately deadly. If you are trying to terrify a civilian population, that is what you want.

Assad won’t soften

So it is unlikely that justice will do for Syria what politics has failed to do so far. Getting some of the worst abusers out of the picture and sending a message to the rest is a good idea but will just as likely stiffen Assad’s resolve as weaken it. Assad knows that softness will get him nowhere. The prosecutions may make some of his cronies think twice, but like Putin’s they can easily find a window to fall out of.

Syria’s Arab neighbors are likely to continue diplomatic normalization, in exchange for Assad’s fake promises of cracking down on the drug trade his regime now uses in lieu of taxes. The Americans show no interest in normalizing but are turning a blind eye. They are convinced that the Arab neighbors will do it even if Washington objects. The constitutional committee is likely to remain stalemated, because Assad thinks he has won the war. He has nothing to gain from the political process. Justice, justice you shall pursue, but don’t expect it to solve political problems.