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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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War latest news. Hormuz, Iran sets up new agency to collect tolls

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War latest news. Hormuz, Iran sets up new agency to collect tolls

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Lebanon, rocket attack on Unifil base of the Italian contingent: no injuries

Qatar: ‘Hormuz security is a shared international responsibility’

Ensuring safe navigation in the Strait of Hormuz is a “shared international responsibility”. This was stated by theQatari Ambassador to the United Nations, Alya Ahmed Saif al-Thani, speaking on the draft resolution dedicated to the security of the strategic passage, described as being of “great importance” both regionally and globally. According to the diplomat, the current situation in the strait ‘not only jeopardises global economic stability and energy security, but also aggravates humanitarian crises and undermines regional stability’. The opening of the strait, she added, is a “requirement under UN conventions” and represents a “shared responsibility of the international community”. Qatar, the ambassador concluded, ‘looks forward to continuing to work intensively with member states to ensure support for this timely security resolution’.

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Cnn, Tehran imposes new rules for Hormuz transit

Iran is imposing new rules for transit through the Strait of Hormuz in an attempt to strengthen its control over the strategic sea route and consolidate its alleged advantages. According to a document viewed by CNN, Tehran has introduced a protocol that obliges commercial vessels to comply with new authorisation procedures, under penalty of attack. The form, entitled ‘Vessel Information Declaration’, is issued by the new Iranian Persian Gulf Strait Authority and must be filled out by all vessels in transit to ensure safe passage.

Idf, emergency guidelines for the civilian population unchanged

The Israeli army has announced that thedefensive guidelines of the Home Front Command will remain unchanged until Sunday evening. Currently, there are no restrictions in the country, with the exception of the areas on the northern border, where there is a limit to gatherings. Since the ceasefire with Iran, the guidelines have been extended periodically, without any updates so far.

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Trump ‘right to be outraged’ by Europe’s betrayal on Iran, says former Thatcher advisor

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Trump ‘right to be outraged’ by Europe’s betrayal on Iran, says former Thatcher advisor

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As President Donald Trump continues to express anger at NATO European allies for their lack of help in the war with Iran, he’s making clear their behavior comes at a cost.

In the weeks during the war and since the ceasefire, the president has hit back not just with words but with definitive actions against several of those countries.

Germany

On Saturday, Trump said that he would withdraw more than the initial 5,000 U.S. troops from Germany as stated by the Pentagon, after Berlin’s leader denigrated the American effort to stop Iran’s regime from building a nuclear weapon.

TRUMP WEIGHS PULLING US TROOPS FROM GERMANY AMID CLASH WITH CHANCELLOR OVER IRAN WAR

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President Donald Trump and German Chancellor Friedrich Merz meet in the Oval Office at the White House in Washington, D.C., on March 3, 2026, to discuss issues including recent U.S. and Israeli strikes on Iran. (Win McNamee/Getty Images)

A day earlier he said about Germany that “We’re gonna cut way down. We’re cutting a lot further than 5,000.” The Trump administration previously announced a contraction of 5,000 troops in Germany after the country’s Chancellor Friedrich Merz said Iran’s regime “humiliated” Trump.

In an apparent state of panic, Merz walked back his attack on Trump and his Iran strategy on Sunday. The chancellor wrote on X: “The United States is and will remain Germany‘s most important partner in the North Atlantic Alliance. We share a common goal: Iran must not be allowed to acquire nuclear weapons.”

Trump ratcheted up his troop reduction number against Germany amid his comments about downsizing U.S. boots on the ground in Spain and Italy because they failed to aid America in the war against Iran. The president’s anger at Western European countries has been simmering for weeks and could lead to profound changes in the North Atlantic Treaty Organization (NATO).

TRUMP CRITICIZES SPAIN AMID IRAN, NATO RIFT AS PM SANCHEZ FACES QUESTIONS OVER POLITICAL MOTIVES

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Nile Gardiner, the director of the Margaret Thatcher Center for Freedom at The Heritage Foundation, told Fox News Digital, “The lack of support for the United States has been nothing less than treacherous. I think the president has the right to be outraged by the lack of support from key European allies.”

An Iranian flag is planted in the rubble of a police station, damaged in airstrikes on March 3, 2026, in Tehran, Iran. (Majid Saeedi/Getty Images)

He said, “There is a very deep-seated cultural appeasement in Europe toward the Iranian regime that goes back many decades, and a flat-out refusal to accept the reality of the immense dangers of a nuclear-armed Iran. European leaders are sleepwalking toward destruction with this perilous path they have taken.

TRUMP IS RIGHT ABOUT NATO’S WEAKNESS — THE REAL QUESTION IS HOW DOES AMERICA FIX IT

“The lack of support for the United States is how far Europe has gone toward losing its moral compass. Iran is a genocidal regime that threatens to wipe Israel off the map.” He noted that the Islamic Republic has killed huge numbers of its population.

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Gardiner, a former advisor to Lady Margaret Thatcher said, “If you listen to European leaders, it’s as if the U.S. is the villain here.”

Merz, speaking last week in Marsberg, criticized the U.S. approach to Iran, saying Washington was being “humiliated by the Iranian leadership” and expressing hope the conflict would end “as quickly as possible.”

Gardiner said of Merz’s remarks, “Comments like these actually help the propaganda of the Iranian dictatorship. It is astonishing that a German chancellor would make these kinds of remarks at a time of war… and the German chancellor is giving comfort to the Iranian regime. It is disgusting.”

Numerous Fox News Digital press queries sent to Merz’s spokesman Stefan Kornelius were not returned.

Spanish Prime Minister Pedro Sanchez called the U.S. conflict with Iran “reckless” and “unjust.” (Yves Herman/Reuters)

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Spain and Italy

Before his announcement on the troop withdrawal from Germany, and in response to a question about reducing U.S. troops in Spain and Italy, Trump responded, “I mean, they haven’t been exactly on board. Yeah, probably. Yeah, I probably will… Italy has not been of any help to us. And Spain has been horrible. Absolutely horrible.”

Spain’s socialist prime minister, Pedro Sánchez, has taken a belligerent stand toward the U.S. and Israeli military campaign against the Iranian regime, forbidding the U.S. from using its military bases in Spain to refuel aircraft or prepare for military action. He has decried the campaign as illegal while staying quiet on the regime’s murder of thousands of protesters and its increased drive to produce ballistic missiles and acquire nuclear weapons-grade enriched uranium.

Gardiner said, “The Spanish have been the worst by a long way. At least the Germans and Italy have allowed the use of its own bases. The Spanish have refused to cooperate in any way with the war.”

Trump told the Italian daily Corriere della Sera last month about the country’s Prime Minister Giorgia Meloni,  “I’m shocked at her. I thought she had courage, but I was wrong.”

The Europe expert, Gardiner, sees a wide gulf between how mainly Western European countries and the United States view the preservation of Western civilization, freedom, democracy and liberty.

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French President Emmanuel Macron listens to Italian Prime Minister Giorgia Meloni during a working session with world leaders at the G7 summit in Borgo Egnazia, Italy, on June 13, 2024. (Andrew Medichini/AP)

“Europe has lost both its ability and its will to fight. The United States is clearly willing to fight to defend Western civilization and the free world. Much of Europe has given up on this, especially Western Europe. It is an appeasement mindset cojoined with weakness and pacifism and also a growing acceptance by European leaders of mass migration and Islamification.”

He added, “Europe has fundamentally changed over the last 20 years beyond recognition, and yet Europe’s ruling elites accept it seemingly as a fact, with some notable exceptions.”

France and the U.K.

Trump took the United Kingdom and France in March to task for their postion on the war against Iran.

“The Country of France wouldn’t let planes headed to Israel, loaded up with military supplies, fly over French territory,” Trump wrote on Truth Social.

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“France has been VERY UNHELPFUL with respect to the ‘Butcher of Iran,’ who has been successfully eliminated! The U.S.A. will REMEMBER!!!,” he wrote.

France’s President Emmanuel Macron welcomes Britain’s Prime Minister Keir Starmer at the Elysee Presidential Palace in Paris on Feb. 17, 2025, before an informal summit of European leaders to discuss the situation in Ukraine and European security. (Ludovic Marin/AFP via Getty Images)

Trump also wrote, “All of those countries that can’t get jet fuel because of the Strait of Hormuz, like the United Kingdom, which refused to get involved in the decapitation of Iran, I have a suggestion for you.”

“Number 1, buy from the U.S., we have plenty, and Number 2, build up some delayed courage, go to the Strait, and just TAKE IT.”

“You’ll have to start learning how to fight for yourself, the U.S.A. won’t be there to help you anymore, just like you weren’t there for us. Iran has been, essentially, decimated. The hard part is done. Go get your own oil!”

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Gardiner said the crisis over the Iran war shows that Europe has surrendered. The big Western Europeans have embraced “defeatism,” and “they do not care. It is as simple as that. And future generations will have to pay the price for the course Europe is taking now,” he said.

Fox News’ Brittany Miller and Solly Boussidan contributed to this report.

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Ukrainian negotiator in US in bid to revive talks with Russia

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Ukrainian negotiator in US in bid to revive talks with Russia

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Ukraine’s top negotiator Rustem Umerov will hold talks with US officials in Florida on Thursday on how to end the full-scale Russian invasion, Kyiv said on Thursday, amid stalled negotiations during the Iran war.

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“The Secretary of the National Security and Defence Council of Ukraine will hold a series of meetings today with envoys of the President of the United States,” Ukrainian President Volodymyr Zelensky wrote in a post on X.

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Zelenskyy said Kyiv had “defined the key tasks,” which includes discussing a potential prisoner exchange with Russia and security guarantees for a post-war Ukraine.

“Rustem and I discussed work with our European partners on Drone Deals. We are preparing the agreements reached at the highest level, as well as new steps in joint technological work,” Zelenskyy wrote.

US-mediated talks on ending Europe’s worst conflict since World War II have shown little progress since February, when Washington shifted focus to its war with Iran.

Umerov last met with US special envoy Steve Witkoff and President Donald Trump’s son-in-law Jared Kushner in Florida between 21-22 March.

Since returning to office, Trump has pushed Moscow and Kyiv to negotiate but months of talks have failed to bring the warring parties closer to an agreement to stop the fighting, triggered by Russia’s full-scale invasion four years ago.

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The already stalled talks were put on the back burner from late February, when the US-Israeli air campaign against Iran began.

Even before the Middle East war, Russia and Ukraine remained at odds over the key issue of territory.

Ukraine has proposed freezing the conflict along the current front lines.

But Russia has rejected this, saying it wants the whole of the Donetsk region despite it being partly controlled by Ukraine, a demand Kyiv says is unacceptable.

Kremlin ceasefire

Meanwhile, the Kremlin said on Thursday that it would begin a two-day ceasefire with Ukraine starting at midnight that is meant to cover its patriotic 9 May parade, after ignoring a Ukrainian ceasefire earlier this week.

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Moscow warned foreign diplomats in Kyiv that it will strike the Ukrainian capital if Ukraine targets its World War II victory parade.

“Yes, we are talking about the 8th and 9th of May,” Kremlin spokesman Dmitry Peskov said, when asked if the ceasefire would come into effect from midnight.

Asked about the Ukrainian ceasefire on 6 May, a counter-offer by Kyiv which dismissed Moscow’s demand to stop fighting as “utter cynicism,” Peskov said, “There was no Russian reaction to this.”

The Kremlin ordered a scaled-back version this year, with no military hardware to be on display, over the fear it could be targeted by Ukraine.

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Additional sources • AFP

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