The establishment of a Syrian War Crimes Tribunal was the topic of a joint hearing today of the House Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, and the Subcommittee on the Middle East and North Africa. U.S. Rep. Chris Smith chaired the hearing.

“The two-year-old Syrian civil war has produced increasingly horrific human rights violations, including summary executions, torture and rape,” said Smith, author of a bill to support the creation of a tribunal. “Since the Syrian civil war began, more than 100,000 people have been killed and nearly seven million people have been forced to leave their homes.

“Those who have perpetrated human rights violations among the Syrian government, the rebels and the foreign fighters on both sides of this conflict must be shown that their actions will have serious consequences,” Smith said.

Smith’s legislation, H. Con. Res. 51, introduced on Sept. 9, calls for the creation of an international tribunal that would be more flexible and efficient than the International Criminal Court to ensure accountability for human rights violations committed by all sides. 

The hearing, entitled “Establishing a Syrian War Crimes Tribunal,” included witnesses: David M. Crane, former Chief Prosecutor, United Nations Special Court for Sierra Leone; Dr. Alan White, former Chief Investigator, United Nations Special Court for Sierra Leone; Jeremy Rabkin, Professor of Law,  George Mason University School of Law; Stephen G. Rademaker, National Security Project Advisor at the Bipartisan Policy Center, and; Richard Dicker, Director, International Justice Program, Human Rights Watch. Click here to read their statements.

Crane said that Basir Al Assad, accused of using sarin gas in his own capital of Damascus in August 2013, could be prosecuted for international crimes similar to former Liberian President Charles Taylor.

“Over the past 20 years, the international community, in most instances led by the United States, has developed what I call the modern criminal law system,” Crane said. “Through trial and in some cases error, mankind has finally resolved to punish dictators, tyrants, and thugs who murder, rape, maim, and mutilate their own citizens.” He noted that the two ad-hoc tribunals for Yugoslavia and Rwanda, created sound procedures and rules of evident to deal with war crimes.

            “It is alleged that President Assad has taken evil to the next level by employing the use of chemical weapons, killing thousands of defenseless women and children,” White said. “Unfortunately, he is protected by his staunchest ally, Russia, which will undoubtedly block any formal referral from the United Nations Security Council to the International Criminal Court, allowing Assad to escape accountability with no justice for the victims. Most would agree, an immediate alternative needs to be aggressively pursued.” White cited the need for an independent criminal court, such as the one Smith proposes, to ensure that Assad and others alleged to be committing war crimes and crimes against humanity in Syria, face justice.