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Can toppled Syrian president Bashar al-Assad be brought to justice?

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Can toppled Syrian president Bashar al-Assad be brought to justice?

Despite the legal and political barriers to prosecution, human rights experts are optimistic that al-Assad and regime officials could one day be held accountable for their crimes in a court of law.

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In Syria, celebrations of the fall of Bashar al-Assad have been mingled with a sense of horror, as gruesome evidence of the atrocities committed by his regime emerge.

Mass graveyards and the infamous prisons that were central to the deposed dictator’s coercive rule have been uncovered.

They bear traces of the brutal suffering inflicted by the regime.

Chaotic scenes of former detainees, their relatives and journalists trawling through paperwork in the detention centres have sparked international pleas on Syria’s new de facto leaders to ensure evidence is preserved for future criminal prosecutions.

Al-Assad and his father, Hafez, have been accused of a litany of crimes and abuses over the past 54 years, including torture, rape, mass executions, enforced disappearances and chemical attacks. 

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The Syrian Network for Human Rights (SNHR) estimates that at least 15,000 Syrians have been tortured to death since the civil war broke out in 2011.

But with al-Assad in exile in Russia and many of his entourage suspected to be in Iran, there are several legal and political obstacles that stand in the way of criminal accountability.

The Hague-based International Criminal Court (ICC) is the most obvious international court of law for prosecuting individuals for such serious crimes. But the ICC does not have jurisdiction over Syria as the country is not a state party to the court’s treaty, the Treaty of Rome.

The UN Security Council can in principle refer a case to the ICC, granting it jurisdiction. But that would certainly be vetoed by the Kremlin, given its alliance with al-Assad and its own complicity in the crimes.

Both Russia and China blocked such a referral ten years ago.

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Speaking to Euronews, Balkees Jarrah, associate director for international justice at Human Rights Watch (HRW) called on Syria’s new de facto authorities to consider granting jurisdiction to the ICC: “We believe Syria’s new leadership should immediately make clear its commitment to justice and accountability,” she said.

“This includes ratifying the Rome Treaty and giving the International Criminal Court retroactive jurisdiction so that the prosecutor can examine crimes committed over the last years.”

All eyes on de facto Syrian leaders

A more viable option in the current political climate is for trials to be held in criminal courts both within and outside Syria. 

Experts say it’s too soon to tell whether the new de facto rulers will be able to ensure any Syrian criminal proceedings are carried out safely and in line with international standards.

“We don’t know what the future state of Syria will look like, how the different institutions will work and how well they will cooperate with each other. So this is just something we cannot predict,” according to Elisabeth Hoffberger-Pippan of the Leibniz Peace Research Institute Frankfurt (PRIF).

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“The ideal option is to have criminal proceedings in Syria itself that meet fair trial standards, without use of the death penalty. And there is a need to ensure the safety for witnesses and victims to come forward with testimonies,” Vito Todeschini, legal advisor for Amnesty International, told Euronews.

The main rebel group in the new administration is the Hayat Tahrir al-Sham (HTS), designated a terrorist group by the UN Security Council and formerly linked to al-Qaeda.

Its leader, Ahmed al-Sharaa, formerly known as Abu Mohammed al-Jolan, has vowed to “pursue” the regime’s henchmen in Syria and has called on countries to “hand over those who fled” so that justice can be served.

The rebel fighters have also spoken of an amnesty for all military personnel conscripted into service under al-Assad.

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But it is currently inconceivable for al-Assad himself to be extradited to stand trial in either a Syrian or non-Syrian court, as there is no political appetite or motive for Moscow to hand him over. Iran is also unlikely to extradite regime officials who have fled there.

Yet, experts consulted by Euronews have expressed hope that al-Assad and the regime’s high-level torturers can one day be held accountable, if the geopolitical conditions change.

“If the sudden fall of the al-Assad regime has shown us anything it is that things can change quite rapidly,” Human Rights Watch’s Jarrah said. “We can’t predict what happens in the future nor preclude the possibility of Assad answering for his crimes one day in a court of law.”

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“What we also need to consider right now is how intense and how strong the bond is between Vladimir Putin and Bashar al-Assad,” Hoffberger-Pippan of PRIF said. “I do think that there is a chance Russia might not be as interested in al-Assad in the future because the geopolitical environment is changing in a way that makes it less important for Russia to protect him.”

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Calls for international collaboration and preservation of evidence

Universal jurisdiction also allows non-Syrian courts to prosecute Syrians for crimes against humanity, war crimes, and torture.

Criminal cases against regime officials have already been filed in Austrian, French, German, Norwegian, Swedish and US courts, many of which have already successfully pressed charges.

The first international trial on torture in Syria was heard before the Koblenz Higher Regional Court in Germany in 2020. Two former high-level officials of the al-Assad regime were charged, one of whom was found guilty of crimes against humanity and handed a life-long sentence.

In November 2023, a French court issued international arrest warrants for Bashar al-Assad, his brother and two officials over an attack against civilians using chemical weapons in 2013.

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According to the Berlin-based European Center for Constitutional and Human Rights (ECCHR), universal jurisdiction carries promise but should be a “fall-back option” if processes within Syria fail.

The push towards justice should be “Syrian-led”, it says.

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For any trials, well-preserved evidence is crucial.

During the decades-long regime, offenses were documented by international organisations and Syrian civil society with the help of whistleblowers. The so-called ‘Caesar’ photos, taken by a Syrian military police officer who defected a decade ago, are perhaps the most well-known evidence of torture which has led to criminal proceedings in European courts.

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The UN’s International, Impartial and Independent Mechanism (IIIM) has a mandate to collect, preserve and analyse evidence to be used in criminal proceedings and supports Syrian civil society in judicial processes.

Its lead investigator Robert Petit has described “papers strewn all over the floor, people leaving with computers, hard drives burned and smashed” in regime centres during the rebels’ offensive.

“Those in control of these prisons need to safeguard materials in these facilities so that the truth can be told and so that those responsible are held accountable,” HRW’s Jarrah explained.

Euronews reached out to the UN to ask whether its investigators have yet been authorised by Syria’s de facto leaders to gain access to the ground, but has not yet received a reply.

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According to the ECHHR, there is also real risk that evidence can be confiscated “to be used as political or commercial capital” or be compromised by secret services agents from countries “interested in destroying evidence and archives.”

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Pressure mounts on Peru’s election authorities amid presidential race delay

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Pressure mounts on Peru’s election authorities amid presidential race delay

The vote count continues to determine who will join conservative Keiko Fujimori in Peru’s presidential run-off in June.

Calls to remove the head of Peru’s electoral authority have intensified as delays and alleged irregularities clouded the presidential vote count.

As of Friday, no clear challenger has emerged to face conservative frontrunner Keiko Fujimori in the June 7 run-off.

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The general election was held on Sunday, but an extension was granted to accommodate for the difficulties in ballot distribution.

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Pressure has mounted against the head of Peru’s National Office of Electoral Processes (ONPE), Piero Corvetto. Complaints over errors and logistical problems during Sunday’s election have been compounded by a slow tally that has rattled investor confidence and heightened uncertainty.

According to the ONPE, leftist Roberto Sanchez and ultraconservative former Lima Mayor Rafael Lopez Aliaga remain locked in a close battle for second place, separated by about 13,000 votes as of Friday.

With 93.3 percent of the ballots counted, Sanchez held 12.0 percent of the vote and Lopez Aliaga 11.9 percent.

Fujimori, meanwhile, remained firmly in first place with 17 percent, positioning her for the run-off. Final results could take up to two weeks, according to local election-monitoring group Transparencia.

The vote counting has been further delayed by the roughly 5 percent of ballots that were identified for review due to missing information or errors in polling station records, according to ONPE data. Those ballots will be reviewed by a special electoral jury before being included in the final count, officials said.

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Business leaders and lawmakers from across the political spectrum have called on Corvetto to step down, arguing that a replacement should oversee the second round.

“Errors this serious have consequences,” Jorge Zapata, head of business chamber CONFIEP, told local radio station RPP.

Earlier this week, Corvetto acknowledged that there had been some logistical delays that forced voting to be extended by a day, mainly in Lima. Those delays triggered fraud allegations, notably from Lopez Aliaga, who has called for counting to be suspended. Corvetto has denied that any irregularities took place.

Even so, Peru’s top electoral court, the National Jury of Elections, filed a criminal complaint with prosecutors against Corvetto, citing alleged offences, including violations of voting rights. Representatives for Corvetto did not immediately respond to a Reuters request for comment.

An investigation is also under way after materials from four polling stations were found on a public road in Lima on Thursday, the police said. ONPE said on the social media platform X that the votes from those stations had already been recorded for counting.

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European Union election observers said this week that they found no evidence of fraud.

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Australia’s most decorated veteran walks free on bail on war crimes charges related to Afghan deaths

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Australia’s most decorated veteran walks free on bail on war crimes charges related to Afghan deaths

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MELBOURNE, Australia (AP) — Australia’s most decorated living veteran, Ben Roberts-Smith, walked free on bail from a Sydney prison on Friday, 10 days after he was charged with war crimes in the killings of five people while serving in Afghanistan.

Judge Greg Grogin granted Roberts-Smith bail in a Sydney court around five hours earlier, ruling the former Special Air Service Regiment corporal had established exceptional circumstances to justify his release from custody. Prosecutors had opposed bail and argued there was a risk that Roberts-Smith would flee Australia or interfere with witnesses and evidence.

Roberts-Smith, 47, was arrested on April 7 and charged with five counts of war crime murder involving the deaths of five Afghans in Uruzgan province in 2009 and 2012.

AUSTRALIA’S MOST DECORATED LIVING SOLDIER CHARGED AMID FIERCE DEBATE OVER WAR CRIMES ALLEGATIONS

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SYDNEY, AUSTRALIA – JUNE 07: Ben Roberts-Smith departs the Federal Court of Australia in Sydney on June 07, 2021 in Sydney, Australia. Ben Roberts-Smith is suing three Fairfax newspapers for defamation over reports he committed war crimes while serving in the Australian Special Air Services in Afghanistan. Ben Roberts-Smith is Australia’s most decorated living soldier and a Victoria Cross recipient. (Sam Mooy / Getty Images)

Australian law defines war crime murder as the intentional killing in a context of armed conflict of a person who is not taking an active part in the hostilities, such as a civilian, prisoner of war or a wounded soldier.

Roberts-Smith was driven away from Sydney’s Silverwater Correctional Complex late Friday apparently wearing the same clothes he wore when police escorted him from a commercial airliner at Sydney Airport last week, news media images showed.

Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan and is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime.

The charges follow a military report released in 2020 that found evidence elite SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers and other noncombatants. Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, of whom 41 were killed.

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Similar allegations against Roberts-Smith were found credible in a civil court case in 2023 when a judge rejected his claims that newspaper articles defamed him.

AUSTRALIA’S MOST DECORATED WAR VETERAN APPEALS COURT RULING THAT BLAMED HIM FOR UNLAWFUL KILLING OF AFGHANS

At that trial, Roberts-Smith testified he had never killed an unarmed Afghan and denied ever committing a war crime. He claimed he has the victim of spiteful fellow soldiers’ lies and of others’ envy of his medals.

Corporal Ben Roberts-Smith VC, MG attends a Victoria Cross and George Cross Association Reunion Service at St. Martin-in-the-Fields Church on May 30, 2012 in London, England. (Max Mumby / Indigo / Getty Images)

But while the civil court found the war crimes allegations were mostly proven on a balance of probabilities, the war crime murder charges would have to be proved in a criminal court to a higher standard of beyond reasonable doubt.

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Roberts-Smith is accused of personally shooting dead two victims. He allegedly ordered subordinates to shoot the other three victims.

In opposing bail, prosecutor Simon Buchen described the charges against Roberts-Smith as “among the most serious known to the criminal law.”

Buchen said Roberts-Smith had been “on the cusp of relocating overseas” without telling authorities when he became aware that prosectors were considering charges.

Roberts-Smith had made “advanced plans to relocate overseas. Consideration was being given to moving to various destinations overseas,” Buchen told the court.

Roberts-Smith faces a potential maximum sentence of life in prison on each conviction. He has yet to enter pleas.

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JUDGE RULES AUSTRALIA’S MOST DECORATED WAR VETERAN UNLAWFULLY KILLED POWS, COMMITTED WAR CRIMES IN AFGHANISTAN

Defense lawyer Slade Howell told the bail hearing Roberts-Smith’s case “may properly be described as exceptional in the sense that it is out of the ordinary.”

“The use of domestic courts to prosecute alleged war crimes committed by a highly decorated Australian soldier deployed overseas repeatedly by the Australian government to fight a war on its behalf is unprecedented and is uncharted legal territory of the common law of this country,” Howell said.

FILE – Ben Roberts-Smith arrives at the Federal Court in Sydney on June 9, 2021. Australia’s most decorated living war veteran lodged an appeal on Tuesday, July 11, 2023, against a civil court ruling that blamed him for the unlawful killings of four Afghans. (AP Photo/Rick Rycroft, File) (AP Photo/Rick Rycroft, File)

Howell also said Roberts-Smith’s “proceedings will be beset by a multitude of delays, many of which are peculiar to these proceeding.”

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Potential delays could arise if prosecutors decide to charge one or more of Roberts-Smith’s fellow veterans, some of whom now live overseas, Howell said.

Roberts-Smith took part in the bail hearing by video link from prison and spoke only when asked by the judge to confirm that he could see and hear proceedings.

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Swedish rights groups slam ‘honest living’ criteria for migrants

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Swedish rights groups slam ‘honest living’ criteria for migrants

Sweden’s government has faced growing criticism over its plans to require migrants to adhere to “honest living,” with rights groups and legal experts saying the proposed measure is discriminatory.

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Sweden’s government, which came to power in 2022 on pledges to get tough on immigration and crime, is trying to rapidly push through a slew of reforms ahead of legislative elections in September.

If approved by parliament, the “honest living” measure would come into force on 13 July.

Under the proposed change, the Migration Agency will consider, when granting or renewing non-EU citizens’ residence permits, whether applicants have at any time posed a threat to public order or security, had extremist sympathies or links to groups advocating violence, or committed minor offences punishable by fines.

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Other factors may include going into debt “without any intention or effort to repay,” organised begging, committing welfare fraud or working off the books.

Those found not adhering to the “honest living” standard could face deportation.

“The consequences will be very serious” for migrants affected by the reform, John Stauffer, a legal adviser for the human rights organisation Civil Rights Defenders, told the AFP news agency.

Even a person’s statements, although they in themselves should not be considered as proof of a lack of “honest living,” may indicate links to “violent extremism,” Ludvig Aspling, a spokesman for the anti-immigration Sweden Democrats which props up the minority right-wing government, said when the plans were announced.

“This creates a system where people, depending on their legal status and whether they are citizens or have residence permits, have different rights in our society, especially when it comes to freedom of expression,” Stauffer said.

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“If you are a citizen, you have broad and strongly-protected freedom of expression. If you are not a citizen, then you will have freedom of expression, but it will not be as strong,” he explained.

Unpredictable processing

The proposal would make it easier to revoke immigrants’ residence permits.

“It is not a human right to stay in Sweden. It is important to remember that,” Migration Minister Johan Forssell told AFP.

“If you come to Sweden and you’re not a citizen, it’s almost like being a guest in someone’s home. Then you should show that you want to become part of the country. That you make an effort, that you pull your weight, that you work,” Forssell said.

The government has not yet published a definitive list of actions or behaviours that would constitute a violation of the “honest living” requirement.

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The Swedish Refugee Law Centre, an organisation that provides legal assistance to asylum seekers, says the new considerations will make the process for residence permits unpredictable.

“This can also create a sense of insecurity when you don’t really know how your actions in different situations might be assessed,” Elias Nygren, a lawyer working for the organisation, told AFP.

Some organisations worry that certain types of activism may also be considered a breach of “honest living.”

“We organise trainings in civil disobedience, that is, in non-violence and the principles that guide our actions. We are finding that this question comes up more and more often,” Frida Bengtsson, head of Greenpeace Sweden, told AFP.

“Many people are dropping out because they hesitate to take action due to the current uncertainty. They don’t really dare take that risk,” she added.

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In a satirical op-ed published in newspaper Dagens Nyheter, Swedish writer Gellert Tamas suggested some members of government take a closer look at their own past.

Some of them, he argued, would be candidates for deportation, starting with the migration minister himself.

“Johan Forssell has ‘clear links to an organisation promoting violence’,” he wrote, citing the wording in the draft of the bill, “because of his son’s former membership in the openly Nazi group Aktivklubb Sverige.”

In July 2025, it emerged in the media that Forssell’s then 16-year-old son was a member of Aktivklubb Sverige, which the minister said he had not been aware of.

“Forssell’s defence, that ‘this was about a deeply remorseful 15-year-old, who just turned 16,’ would hardly have impressed in an assessment into honest living,” Tamas said.

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Taking control of migration

Sweden’s Prime Minister told Euronews last year that there was an “absolute need to get control on migration.”

He reiterated his proposal to significantly increase the amount of money Sweden offers to migrants as a financial incentive to leave the country.

The current grant is €900 per adult. However, this initiative has had limited success so far. In 2023, only one out of 70 applications was approved, according to the Swedish Migration Agency.

To reverse this trend, a new government proposal would raise the amount to €32,000, an increase of 3,400%.

Sweden began revamping its asylum policy in 2015, moving to a much stricter stance on application processing after the country hosted record numbers of asylum seekers, more than 160,000 people, from Afghanistan, Iraq and Syria.

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