Canada And The Netherlands Take Syria Before The International Court Of Justice

On June 12, 2023, Canada and the Kingdom of the Netherlands announced that they instituted proceedings at the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture). The step comes after on September 18, 2020, The Netherlands formally notified Syria that it was requesting negotiations pursuant to Article 30(1) of the Convention against Torture via Note Verbale. The next day, Syria publicly denounced this action. On March 3, 2021, Canada formally notified Syria about the same cause of action. Later on March 12, 2021, Canada and the Netherlands announced their joint intention to hold Syria to account for these violations. Despite genuine attempts made by Canada and the Netherlands, a negotiated solution with Syria could not be reached, nor could an agreement be reached on terms of arbitration.

In their Application to the ICJ, Canada and the Netherlands indicated that “Syria has committed countless violations of international law, beginning at least in 2011, with its violent repression of civilian demonstrations, and continuing as the situation in Syria devolved into a protracted armed conflict.” They continued that “these violations include the use of torture and other cruel, inhuman or degrading treatment or punishment, including through abhorrent treatment of detainees, inhumane conditions in places of detention, enforced disappearances, the use of sexual and gender-based violence, and violence against children. These violations also include the use of chemical weapons which has been a particularly abhorrent practice to intimidate and punish the civilian population, resulting in numerous deaths, injuries and severe physical and mental suffering. Syria’s actions, which have resulted in severe pain and suffering, and the deaths of tens of thousands of people, have been met with widespread condemnation by the international community.”

Canada and the Netherlands further filed a Request for the indication of provisional measures “to preserve and protect the rights owed to them under the Convention against Torture, which Syria continues to violate, and protect the lives and physical and mental integrity of individuals within Syria who are currently, or are at risk of, being subjected to torture and other cruel, inhuman or degrading treatment or punishment.” As the Request argues, “the persistent and continuing breaches by Syria of the Convention against Torture are causing irreparable prejudice to the right of the Applicants to seek Syria’s compliance with its obligations. Each new act of torture and other [cruel, inhuman or degrading treatment or punishment] by Syria constitutes – first and foremost – an inexcusable and irreparable harm with respect to each victim of torture and other [cruel, inhuman or degrading treatment or punishment]. In the context of the Application, it also constitutes an exacerbation of an ongoing violation of the rights of the Applicants under the Convention against Torture and indicates Syria’s flagrant disregard of its obligations thereunder. The indication of provisional measures is therefore urgent.”

Justifying the step of taking Syria before the ICJ, both countries indicated that they “are guided by the firm belief that there can be no sustainable peace and lasting reconciliation in Syria without accountability for human rights violations and justice for victims and survivors. We remain committed to upholding compliance with international law and call on all States and the international community to support accountability efforts for Syrians.”

Such proceedings before the ICJ will take years. However, it is expected that the hearing for the provisional measures will take place within weeks with an order to follow.