By Lara Kajs
Dispatches from the Field—The Genocide Report
Washington, DC—27 May 2025
As Syria’s conflict enters a prolonged phase marked by fragmentation and unresolved grievances, efforts to establish accountability mechanisms have gained renewed attention. Transitional justice initiatives, including the Transitional Justice Commission and the National Commission for the Missing, reflect emerging attempts to address widespread violations of international law. These mechanisms, while limited in scope and authority, represent critical test cases for the role of justice, truth-seeking, and institutional reform in post-conflict stabilization.
Without accountability and answers for the missing, any path to peace in Syria risks reinforcing the conditions that enabled mass atrocities.”
Transitional Justice and Institutional Accountability
Efforts to establish a Transitional Justice Commission (TJC) reflect a broader attempt to confront the legacy of systemic human rights abuses, war crimes, and repression that have defined Syria’s conflict since 2011. Developed through engagement among Syrian stakeholders, civil society actors, and international partners, the Commission is intended to serve as a mechanism for documentation, accountability, and institutional reform.
The Commission’s mandate centers on investigating violations committed by all parties to the conflict, while supporting processes of truth-telling, victim recognition, and reparative measures. In addition to documenting abuses, it is expected to recommend structural reforms, including the vetting of security forces and judicial institutions, with the aim of preventing recurrence.
The Commission operates on principles of inclusivity, impartiality, and victim-centered justice. At the same time, its effectiveness is constrained by persistent structural challenges. Ongoing insecurity limits access to affected populations, while political fragmentation and the absence of a unified national authority complicate implementation and enforcement.
Questions also remain regarding the scope and independence of the mechanism. Concerns raised by civil society actors include whether the Commission will adequately address violations committed by non-state armed groups and whether survivors will be meaningfully included in its processes. Without credible guarantees of independence and enforcement, skepticism among affected communities is likely to persist.
Enforced Disappearance and the National Commission for the Missing
The issue of enforced disappearance remains one of the most acute and enduring legacies of the Syrian conflict. Estimates indicate that between 100,000 and 200,000 individuals remain missing, leaving families in prolonged uncertainty and without access to justice.
The establishment of the National Commission for the Missing (NCM) represents a focused effort to address this dimension of the crisis. Supported by the United Nations and international humanitarian actors, the Commission is mandated to clarify the fate and whereabouts of missing persons through documentation, data verification, and forensic investigation.
The NCM works directly with families to collect testimonies and provide updates, while coordinating with forensic experts to identify remains. It also seeks to establish a centralized record of detainees, the disappeared, and the deceased, requiring cooperation from state actors, external governments, and armed groups operating within Syria.
Its creation reflects sustained advocacy by Syrian civil society organizations and families of the disappeared, many of whom have operated under conditions of repression and exile. Their continued involvement remains essential to ensuring the Commission’s legitimacy and effectiveness.
While the NCM has been met with cautious support, its long-term impact will depend on transparency, sustained international engagement, and the extent to which it can operate independently in a highly politicized environment.
Justice, Political Will, and the Limits of Transitional Mechanisms
The emergence of these mechanisms signals a shift toward acknowledging the need for accountability within Syria’s broader conflict dynamics. However, they remain partial solutions within a deeply fragmented political landscape.
Their success depends on sustained political will, both domestically and internationally, as well as the meaningful inclusion of Syrian civil society. Without these conditions, transitional justice risks becoming symbolic rather than transformative.
Addressing grievances, clarifying the fate of the missing, and reforming abusive institutions are essential components of any viable post-conflict settlement. Failure to do so risks entrenching cycles of violence, exclusion, and instability.
At the same time, rising sectarian rhetoric and continued fragmentation underscore the need for an inclusive framework that avoids reinforcing existing divisions. Transitional justice processes must be designed to serve all affected communities if they are to contribute to long-term stability.
Syria’s trajectory will be shaped in part by whether these mechanisms evolve into credible avenues for accountability or remain constrained by political limitations. Their development will serve as a key indicator of whether justice can function as a foundation for durable peace.
Photo Credit: Ali Mustafa, Presente by DC Protests. Licensed under CC BY NC SA 2.0
Atrocity Prevention Lens
The absence of accountability mechanisms and the persistence of enforced disappearance are key indicators of ongoing atrocity risk. In Syria, unresolved violations, institutional fragmentation, and exclusion from justice processes contribute to conditions in which future abuses remain likely. Transitional justice mechanisms, when effectively implemented, can serve as tools of prevention by addressing impunity, documenting patterns of abuse, and reinforcing norms of accountability. Their failure, however, risks perpetuating cycles of violence and eroding trust in governance structures.
Legal Framework
International Humanitarian Law and War Crimes
Violations committed during Syria’s conflict, including targeting civilians, torture, and enforced disappearance, fall under international humanitarian law. The Geneva Conventions and customary international law prohibit such acts and require accountability for serious violations.
Crimes Against Humanity and the Rome Statute
Widespread or systematic attacks against civilian populations, including enforced disappearance and torture, may constitute crimes against humanity under the Rome Statute of the International Criminal Court. These crimes carry individual criminal responsibility under international law.
Enforced Disappearance under International Law
Enforced disappearance is prohibited under international human rights law and recognized as a continuous violation until the fate of the individual is clarified. It implicates multiple rights, including the right to life, liberty, and recognition before the law.
Right to Truth and Victim-Centered Justice
International legal frameworks increasingly recognize the right of victims and families to know the truth about violations. Transitional justice mechanisms are designed to fulfill this obligation through documentation, acknowledgment, and reparative processes.
About TGR
The Genocide Report (TGR) publishes analysis and educational resources on conflict, international law, and atrocity prevention. Its work seeks to bridge academic research, field realities, and public understanding of mass violence and civilian protection.
About the Author
Lara Kajs is the founder and executive director of The Genocide Report, a Washington, DC-based educational nonprofit focused on atrocity prevention and international law. She is the author of several field-based books on conflict, displacement, humanitarian crises, and international humanitarian law, drawing on extensive research and field experience in Yemen, Syria, and Afghanistan. Her writing and public speaking focus on atrocity crimes, forced displacement, the protection of civilians, and the legal frameworks governing armed conflict.