The Cost of Justice without Accountability in Post-Assad Syria
By Sarina Tareen
On December 8, 2024, Syria entered a new era. The downfall of Bashar al-Assad brought an end to 50 years of brutal rule. Yet one year later, true justice remains out of reach. The level of distress is unimaginable. Under Assad’s rule, his forces have killed at least 234,000 civilians. They carried out over 181,000 enforced disappearances and caused 45,342 deaths through torture. Chemical weapons were fired 217 times. Whole neighborhoods were destroyed by barrel bombs. The Assad regime carried out a systematic campaign of terror. The revolution started with simple demands. In March 2011, the Syrian revolution started with a call for freedom, dignity and justice. The government’s violent reaction transformed peaceful protests into a long battle. Thousands of people were imprisoned, executed, or disappeared, and numerous family members are still looking for their loved ones. The impact of those years shapes the present.
There is both hope and despair in the Post-Assad era. A constitutional declaration in March 2025 recommended the establishment of a consultative, effective and victim-centred transitional justice commission. In May 2025, the interim administration led by President Ahmed al-Sharaa made two major decrees. Decree No. 19 created the National Commission for the Missing (NCM) to address the fate of the disappeared. Decree No. 20 established the National Commission for Transitional Justice (NCTJ) to oversee broader accountability efforts. The Commission signed an MOU with six civil society organizations in August 2025 to help in the search for missing persons.
These steps are important, but many observers believe they are too restrictive. The NCTJ were initially tasked only with Assad-era crimes. Pressure from the Syrian organizations expanded the scope. On February 18, 2026, President al-Sharaa issued General Amnesty Decree No. 39. This decree grants amnesty for many crimes committed before that date. It aims to reduce overcrowding of prisons and promote reconciliation. But it came from an executive order, not a legislative process. The Syrian Network for Human Rights has expressed concerns about these measures. According to the organization, they could weaken judicial independence and lead to the selective application of the law.
Serious challenges remain. Since then, investigations have uncovered further evidence of war crimes. While access to official records has been restricted, there are reports of additional detentions. In March 2025, violence erupted in the coastal areas of Syria and in Sweida in July, highlighting recurring accountability challenges. The April 2026 trial of Atef Najib, one of the Assad regime’s top officials. The trial was welcomed by many and highlighted the challenges of prosecuting large-scale human rights violations. Despite this, there are many who feel that progress in Syria is still slow. Civil society groups suggest ideas with practical solutions. The international mechanisms have gathered key evidence, and the experience in countries like Sierra Leone and Cambodia has demonstrated the potential of hybrid courts to prosecute war crimes and hold perpetrators to account.
However, accountability is not only about addressing past crimes. It is also essential for building a peaceful and stable future. Justice goes hand in hand with long-term stability for many Syrians. The success of Syria’s transition will also rely on the credibility and inclusiveness of its justice system. Addressing past abuses fairly and transparently will be an important step toward rebuilding public trust and supporting lasting peace.