Both Sides Benefit from Transitional Justice

When the Syrian regime shot its first bullet at peaceful demonstrators on March 18, 2011 in Daraa, it lost its legitimacy and became a burden on the country, the people, the region, and the world. Democratic transition for Syria will happen. It is only the timeline that is unclear.

When that transition happens, the process of justice and accountability will need to start in earnest. A transitional justice process is the safest way for the new Syria to proceed towards democracy with the fewest social losses. It will also assist with a peaceful transition where revenge and score settling is minimized.

Transitional justice ensures both justice and reparations, and prevents a cyclical recurrence of violence. It can be applied to the high-ranking people who were politically and militarily responsible for all the losses. Through reparations governments recognize and take steps to address the harms suffered. They can be material, symbolic or both. Proper compensations need to be given to harmed individuals and communities, but also memorials and commemorations are essential to the moral and spiritual side of justice and compensation.

I expect (and hope) that the transitional process in Syria will be the alternative to the victor’s justice. History has taught us that postwar tribunals, far from expressing a commitment to the rule of law, are merely a charade in which winners punish losers. In Syria, we experienced that in 1963, 1966, 1970, and in the 1980s, when the victor (then the Baath party) practiced its “justice” and sent its opponents to prison and field execution. Now, no matter who will come to power after the fall of the current regime, it is not the victor that may impose its understanding of justice. Our efforts for a transitional justice would open the way wide in front of accountability but also reconciliation together.

Most importantly, a transitional justice process must include not only civilians who were killed, arrested, and wounded in the course of the events of the revolution. Many soldiers and security officers who were forced to participate in suppressing the people will also be given equity. Many of them joined the secret services because they could not find any other job. Many did not want to participate in the repression going on in Syria, but they were forced to do so.

A democratic transition that includes a robust and comprehensive transitional justice process will help these individuals regain their dignity and ethical life. They will again respect themselves and can sleep well, while their children will have bigger esteem for them. Even if the soldiers and security personnel have to pay some price, or they have to admit what they have been forced to do, and apologize to their victims in public, they will be the winners, as they will not only relieve their conscience but will also participate in rebuilding the new Syria.

Wael Sawah is the Project Director for the Syria Justice and Accountability Centre (SJAC).
The post originally appeared on its blog. SJAC helps hold human rights abuse perpetrators accountable and provides opportunities for future reconciliation. IREX and the Public International Law and Policy Group are the SJAC's primary partners.