Syria’s Path to Justice

Syria's Path to Justice

Washington, DC., 27 May 2025 ——

As Syria navigates a prolonged and painful period of conflict and fragmentation, the quest for justice and accountability has taken center stage. The Transitional Justice Commission and the National Commission for the Missing are two critical mechanisms in the process. These bodies represent early, though complex, steps toward reckoning Syria’s path to justice and establishing a foundation for sustainable peace and reconciliation.

Transitional Justice Commission: Confronting the legacy of atrocity in Syria

The Transitional Justice Commission (TJC) was established as part of broader efforts by Syrian stakeholders, international partners, and transitional governance structures to address decades of human rights abuses, war crimes, and systemic repression. While the specifics of its structure and jurisdiction may evolve, the core mission of the TJC is to facilitate national reconciliation and healing. The Transitional Justice Commission investigates and documents gross human rights violations committed by all parties since the outbreak of the conflict in 2011.

The Commission supports victims and survivors through truth-telling mechanisms, reparations, and public acknowledgment. Recommended institutional reforms prevent future violations, including vetting security forces and judiciary personnel.
The TJC operates under principles of inclusivity, impartiality, and victim-centered justice. It seeks to balance the need for accountability with the imperative to build a unified, democratic society.

The path forward for the Transitional Justice Commission is fraught with obstacles. These include ongoing conflict in parts of Syria, limited access to affected populations, deep political divisions, and the absence of a unified government willing to implement transitional justice measures.

Moreover, the TJC is limited to crimes committed by the Assad government and excludes victims of abuses by non-state actors. It is also vague on whether or how victims will be allowed to be meaningfully involved in participating in the commission’s work. Furthermore, many survivors and activists remain skeptical of a commission without clear international support and protection guarantees.

National Commission for the Missing: A Response to Syria’s Disappeared

Perhaps no issue encapsulates the human cost of Syria’s conflict more acutely than the fate of the mission and the forcibly disappeared. It is a humanitarian and legal imperative to get closure for hundreds of thousands of families. Estimates suggest that between 100,000 and 200,000 people remain missing in Syria, with families left in limbo, grieving, waiting, and searching.

In response, the National Commission for the Missing (NCM) was established, with support from the United Nations and international humanitarian organizations, as a civilian-led, independent body tasked with collecting and verifying data on missing persons, including those forcibly disappeared, detained, or abducted. The NCM coordinates with families to gather testimonies and provide updates. Cooperating with forensic experts, it works to identify remains in mass graves and other sites. Finally, the National Commission for the Missing works to promote transparency and legal accountability for perpetrators of enforced disappearance.

The National Commission for the Missing has made efforts to engage both with families and international partners. Its creation follows years of advocacy from Syrian civil society groups and families of the disappeared, many of whom have faced harassment or exile. Syrian activists, lawyers, and survivors have long led the pursuit of justice. They have documented abuses, supported families of the missing, and engaged with international mechanisms. Their involvement is not optional; it is vital. The commission aims to build a central registry and encourage Syria and external actors, such as Russia, Iran, Turkey, and various armed groups, to share information on detainees and the deceased.

The establishment of the National Commission for the Missing has been met with guarded optimism. Its effectiveness will hinge on transparency, a commitment to a rights-based approach, and the genuine inclusion of victims. Without these elements, even this vital initiative risks falling short of the legitimate hopes of Syrians.

The Road Ahead: Justice as a Cornerstone of Peace

For both the Transitional Justice Commission and the National Commission for the Missing, success hinges on political will, sustained international support, and the empowerment of Syrian civil society. These institutions are not silver bullets but represent a shift in narrative, from impunity to accountability, from silence to truth.

Their work is foundational for any post-conflict settlement in Syria. Without addressing the grievances of the victims, clarifying the fate of the missing, and reforming abusive institutions, the cycle of violence risks continuing.

Escalating sectarian rhetoric emphasizes the urgent need for a truly inclusive transitional justice process, one that serves all Syrians, and not just a few. The Syrian government now faces a defining choice: it can either support a genuinely victim-centered process that upholds the rights of all survivors, or continue to exclude and divide. As Syrians work to rebuild their nation, these commissions serve as vital instruments for memory, justice, and ultimately, peace.

Photo Credit: Ali Mustafa, Presente by DC Protests. Licensed under CC BY NC SA 2.0

Lara Kajs is the founder and executive director of The Genocide Report, an NGO nonprofit organization in Washington, DC. She is the author of Assad’s Syria, and Stories from Yemen: A Diary from the Field, available in e-book, paperback, and hardcover at Amazon, Barnes and Noble, Apple Books, and independent bookstores worldwide. Distributed by Ingram. Ms. Kajs frequently speaks about atrocity crimes, forced displacement, state terrorism, and International Humanitarian Law (IHL). Follow and connect with Lara Kajs on Facebook, Instagram, X, LinkedIn, and Bluesky.