syria-un-20130205 124

A/HRC/22/59 124 GE.13-10627 Annex XIV [English only] Accountability I. Violations of international law and the obligation to investigate, prosecute and punish The Commission of Inquiry on Syria has already stated that there are reasonable grounds to believe that Government and affiliated militia as well as anti-Government armed groups committed crimes pursuant to international law, violations of international human rights law and international humanitarian law.a The commission emphasises that under international law, i.e. treaties to which Syria is a Party and customary international law, Syria is obliged to investigate, prosecute and punish the authors of such violations, irrespective of their allegiance.b II. Investigation and prosecution through the Syrian national justice system Any national effort in Syria has to meet essential international standards, namely independence, impartiality, thoroughness, effectiveness and promptness of investigationsc and due process.d However, the commission has stated that it has not yet identified any evidence that Syria is making a genuine and credible effort to punish severe crimes.e In fact, given the protracted and increasingly sectarian nature of the conflict, it seems highly improbable that effective and independent prosecutions that meet essential international standards could be carried out in Syria anytime in the near future. There is not only a lack of willingness to institute proceedings, a country torn by almost two years of bloody and destructive conflict is also unlikely to be capable of such an effort. At the present stage, investigation and prosecution by the Syrian national justice system is thus not a viable option to ensure accountability of authors on all sides to the conflict in Syria. However, it is crucial to note that the potential approaches to accountability described below would have to be supplemented by national prosecutions in Syria at some point. Experience shows that only a very limited number of cases can be dealt with by other States or the international community and that a significant “impunity gap” remains if the concerned State does not initiate national investigations and prosecutions. Assistance to strengthen the capacity, independence, impartiality, and effectiveness of the Syrian national justice system with respect to prosecuting the crimes identified in this report should form part of transitional arrangements. a A/HRC/21/50, 16 August 2012, para. 145. b Ibid., Annex II, paras. 21–24. c A/HRC/21/50, 16 August 2012, Annex II, footnote 33. d Articles 14 and 15 International Covenant on Civil and Political Rights. e Ibid., paras. 140–141 and Annex II, para. 27