Advancing Justice and Accountability in Syria after the Fall of Assad: Key Priorities

For Syrians who long suffered under the Assad regime’s oppression and brutality, its collapse brought forth a flood of emotions. Today Syrians are engaged in the work of rebuilding their country and defining their future. At such an early stage much remains unknown, but those who are dedicated to advancing justice and accountability efforts as Syria embarks on this transition should focus on key areas: the reunification of detainees and families, the fate of the missing and disappeared, documentation of atrocity crimes, and establishing meaningful and inclusive justice processes.

On November 27, 2024, nearly fourteen years after anti-regime protests first swept through Syria, a coalition of rebel groups launched an offensive that ultimately toppled the government of President Bashar al-Assad. Before this the conflict had seemingly been at an impasse. Over the course of eleven days the rebels steadily advanced towards Damascus, capturing the city on December 8 while Assad fled the country. 

When pro-democracy protests began in 2011, Assad responded by targeting civilians in a brutal crackdown. Throughout the civil war that followed, the Assad regime—aided by its allies Russia, Iran, and Iran-backed militias—committed war crimes and crimes against humanity against the Syrian people, including extrajudicial killings, forced disappearances, arbitrary detention, sexual violence, torture, forced displacement, aerial bombardment of civilian areas, chemical attacks, and starvation through besiegement. Throughout the conflict various armed rebel groups formed, each with distinct political goals, ideologies, and interests. Although never rivaling the scale of atrocities by the government, multiple armed groups have committed atrocities against Syrians, some of which may constitute crimes against humanity.  

The rebel coalition brought together several groups around a common goal—ending Assad’s brutal rule. The most prominent group in the coalition, Hayat Tahrir al-Sham (HTS), is designated as a terrorist organization due to its past affiliation with al-Qaeda, though HTS announced it had severed ties with the group in 2017. In statements to the media, HTS has given assurances that it will respect and protect minority communities. On January 29, 2025, former insurgent leaders appointed Ahmad al-Sharaa, the leader of HTS, as interim president of Syria. A spokesperson for the interim government announced that Syria’s 2012 constitution was annulled, the nation’s legislature, army, and security agencies will be dissolved, and rebel groups will be disbanded and incorporated into the state apparatus. In a public address al-Sharaa announced that in his role as interim president he would prioritize legally and legitimately filling the power vacuum and “maintaining civil peace by seeking transitional justice and preventing revenge attacks.” 

Reunifying detainees and families

As part of its violent campaign the Assad government detained tens of thousands of Syrians, many of whom vanished into the regime’s labyrinthine system of formal and informal detention centers. The agony inflicted on victims and their families was by design, with the government often refusing to confirm if individuals were being held. Families spent years searching for any information about their loved ones’ fate or whereabouts. Former detainees, some of whom had been the subject of disappearances, reported crimes including torture and executions in detention centers—crimes that the United Nations Independent International Commission of Inquiry on the Syrian Arab Republic found to be crimes against humanity. 

In early December, as rebels moved through the country, they freed detainees from regime prisons. Thousands remain missing. Family members gathered outside prisons, hoping their loved ones were among the rescued. Those who have suffered in detention, and their loved ones who desperately awaited their release, require long-term healthcare and psychosocial support. In the coming weeks, tending to the released detainees' physical and psychological needs and locating and reuniting them with their loved ones is an immediate priority for organizations working in Syria and the interim government. 

Documenting atrocity crimes

The Assad regime’s prisons hold records detailing the fates of the disappeared and details of the perpetrators responsible for the regime’s crimes. With prisons now open, it is vital to safeguard these documents as they can provide information to loved ones and support transitional justice options in the future. The documents must be secured in accordance with evidentiary requirements in order to be used in support of prosecutions. This will require a structured collection and storage process. To organize the ongoing documenting and reunification efforts, the transitional government could establish an entity tasked with tracking the detained and the missing. 

Throughout the conflict Syrian civil society worked to document atrocities, collect testimony, and gather evidence. These organizations are now working to catalog the mountains of evidence being uncovered in the wake of the fall of Assad. Due to the amount of evidence and the urgency of the task, Syrian organizations will require international resources and support—including flexible funding, technical assistance, and digitization tools—to properly secure the information. Documentation efforts will be essential in providing closure to families and in the long-term pursuit of justice for the crimes committed against the Syrian people. 

Planning for inclusive justice and accountability processes 

In the wake of mass atrocities, pursuing justice and accountability supports recovery and can help prevent the recurrence of mass atrocities. The Syrian community, including the diaspora, holds a great deal of expertise on the many potential pathways for justice and accountability. On January 24, 2025, human rights organizations and associations representing victims, survivors, and their families convened in Damascus for two days to discuss the fate of the missing and pave the way toward transitional justice in the country. Ahmad al-Sharaa, the head of HTS and the leader of Syria, has himself underscored the importance of justice in Syria, saying of those who tortured and killed detainees, "[W]e will pursue them in Syria, and we ask countries to hand over those who fled so we can achieve justice." It is too early, however, to say what form such processes may take, how they may operate, and whether they will be used impartially.

It is integral that there be a break from the violations of the previous Syrian government and for justice processes to cleave to international human rights standards. To achieve this, much foundational work needs to be done, including passing legislation that would allow for the prosecution of international crimes, and training judges, prosecutors, defense lawyers, and police as the judicial system rebuilds itself after 54 years under the Assads.

The design and implementation of an accountability process must be Syrian-led and meaningfully include Syrian women, who have had their own painful, unique experience of the conflict and the crimes of the Assad regime and who have formed key parts of resistance to the regime, notably including resisting and mediating sieges. Syria’s prospective new measures of justice must address violations by members of HTS and its allies if it is to be a true and credible break from the past.

As Syria begins to rebuild, accountability for the crimes perpetrated against Syrian civilians could potentially disrupt long-standing cycles of impunity and facilitate healing. The international community can support accountability efforts by listening to what Syrians need and then working collaboratively to marshal the appropriate resources. 

Sareta Ashraph is the Senior Legal Consultant and Denise-Nicole Stone is the Policy Assistant for the Simon-Skjodt Center.