Category: News and Features

30 June – The International, Impartial and Independent Mechanism – Syria (IIIM) welcomes the UN General Assembly’s decision yesterday to establish an independent institution to clarify the fate and whereabouts of all missing persons in Syria and to provide support to victims, survivors and the families of those missing, in close cooperation and complementarity with all relevant actors. 

“This development represents a substantial breakthrough, honouring the unwavering efforts of civil society organisations, victim/survivor associations and families who have persistently called for an international humanitarian response,” said the Head of the IIIM, Catherine Marchi-Uhel.

“For far too long the families have grappled alone with the uncertainty surrounding the fate of loved ones forcibly disappeared, missing, or detained. Their tireless advocacy has now led to the establishment of a dedicated entity to directly address their pressing needs and uphold their right to know.”

Catherine Marchi-Uhel added, “The IIIM is ready to cooperate with this new, independent and humanitarian institution, as requested by the General Assembly and in accordance with the complementary mandates of the two entities.”

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On June 12, the International Court of Justice (ICJ) announced that a joint application had been filed by the Kingdom of the Netherlands and Canada against the Syrian Arab Republic. The application relates to alleged violations of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

The International, Impartial and Independent Mechanism – Syria (IIIM) welcomed the announcement and stated its readiness to support the proceedings initiated before the ICJ. The Head of the IIIM, Catherine Marchi-Uhel said: “This step represents a significant milestone in the ongoing struggle against impunity, and for the victims and survivors affected by these crimes and violations.”

The Dutch- Canadian Accountability Initiative represents the type of justice process that the IIIM was established to assist. Since its inception the IIIM has concluded over 84 cooperation frameworks that have allowed it to build a vast and diverse repository of information and evidence which enables it to seize opportunities for justice that currently exist and prepare for those that may emerge in the future. On the application to the ICJ, Ms. Marchi-Uhel said, “We are prepared to support the  ICJ’s determination of the Dutch-Canadian initiative. My team’s work on detention related crimes as part of the IIIM’s structural investigation is directly relevant to this initiative.”

The case initiated at the ICJ is one of the many concrete justice developments that the IIIM will support. Since it became operational in 2018 the number of requests for assistance the IIIM has received per year has tripled. To date there have been 280 such requests from 15 competent jurisdictions, out of which the IIIM team have been able to facilitate 143 distinct investigations.

“Each request we receive is an encouraging sign from jurisdictions of their commitment to accountability. A sign that there is an outcome to the tireless efforts of Syrian civil society in continuing to document and report violations of international law, and a sign to victims and survivors that their right to justice will be honoured.”

The IIIM’s assistance to competent jurisdictions is varied and includes the provision of information and evidence that it collects, records of witness interviews that it conducts; and legal briefs, factual analytical reports, and geolocation reports that it prepares.

Some of the recent cases that the IIIM has supported include:

• Germany’s Moafak D. case, culminating in a conviction for war crimes and murder, and a life imprisonment sentence.
• The ongoing Alaa M. case in Germany, where the accused is under trial for sexual violence and the murder of Syrian civilians while serving as a military doctor.
• The Lafarge case in France, where the court upheld a decision that the company could be charged for aiding and abetting crimes against humanity.
• A French case where senior Syrian government officials have been indicted for complicity in crimes against humanity and war crimes.
• Two cases in Sweden which resulted in the conviction of three individuals affiliated with ISIL.

This of course does not include earlier contributions such as our support to the Anwar R. case in Koblenz, Germany, leading to the landmark judgement for crimes against humanity.

These examples of cases that the IIIM has supported illustrate the breadth of the IIIM’s contribution to justice across differing jurisdictions. The IIIM continues to assist many other investigations and prosecutions, both in response to requests and proactively.

The IIIM continues to explore ways to support justice initiatives for Syria. It aims to reinforce the voices of victims/survivors in these efforts, acknowledging their essential role in the global pursuit of justice and accountability. The IIIM reaffirms itscommitment tocollaborate closely with victims/survivorsto uphold these principles and to work with other actors to ensure an inclusive international accountability ecosystem.

The joint application and ICJ statement can be accessed on the court’s website here.

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In this new Just Security article, IIIM Deputy Head, Michelle Jarvis, delves into a crucial aspect of justice often overlooked: the recognition of gender as a discriminatory driver of violence and atrocity. Referencing recent precedents and frameworks like the IIIM’s Gender Strategy, Ms. Jarvis, makes the case for why this approach matters. Failing to employ a gender lens risks misunderstanding the impact of crimes on communities and undermines the accurate assessment needed to deliver inclusive justice. 

Read the article here, to explore the strategic measures that accountability institutions can adopt, as we all strive to strengthen international justice responses to gender persecution crimes.

As part of the joint Wayamo – AGJA conference, Catherine Marchi-Uhel, IIIM Head, joined a panel discussion to address the recent geopolitical, legal, and international changes occurring in the field of transitional justice, along with the challenges faced in evidence collection of mass atrocities, and the prosecution of international crimes. The panel included Nema Milaninia, Special Advisor to the U.S. Ambassador-at-Large for Global Criminal Justice, Tabitha Ouya, Head of the Civil Rights Division, Office of the Director of Public Prosecutions, Kenya, as well as high-level African experts on international criminal law and human rights, among others.

Later, and in conversation with Mark Kersten from the Wayamo Foundation, Catherine gave an insight into the establishment and work of the IIIM in supporting current justice processes and preparing for those that may emerge in the future.

On May 12, 2023, Michelle Jarvis, the IIIM Deputy Head and Christine Chinkin from the London School of Economics delivered public keynote lectures in Berlin as part of a closed workshop on “Combating Conflict-Related Sexual Violence – Comparative Insights on International and National Capacities.” 

Read Ms. Jarvis speech as delivered here.

For her lecture, Ms. Jarvis drew on her extensive experience bringing visibility to the experiences of marginalized groups during accountability processes and strengthening legal responses. Ms. Jarvis initiated the IIIM’s proactive thematic strategies on a victim/survivor centred approach and the first of these to be publicly launched was the Gender Strategy and Implementation Plan. Ms. Jarvis has also co-authored two books and numerous articles on the subject of gender and armed conflict and was formerly the inaugural coordinator of the Prosecuting Conflict-Related Sexual Violence Network, set up within the International Association of Prosecutors.

Briefing the General Assembly today, the Head of the Mechanism established to advance justice in Syria reported on that body’s continuing efforts over the past year, detailing its work with jurisdictions and investigations, but noting in light of increasing demand for its services that predictable financing through the regular budget and voluntary contributions by Member States are essential for it to continue serving the interests of victims, survivors and their families.

Briefing General Assembly on Judicial Activities, International Mechanism Head Stresses Predictable Financing Needed in Bringing Justice to Syria’s Victims | UN Press

Following the devastation caused by the earthquake in Southern Türkiye and Northern Syria the IIIM issued a message of condolence and solidarity. The IIIM extends its sincerest condolences to the families who have lost loved ones and our heartfelt sympathies to those who have been injured or suffered as a result of the recent earthquake in Türkiye and Syria. The loss of life and the destruction caused by this disaster are staggering.
 
The IIIM is in close communication with its civil society networks on the ground to better understand the situation. The Head of the IIIM, Catherine Marchi-Uhel, has joined the UN Secretary-General’s call for the international community to offer urgent humanitarian aid and assistance.
 
The suffering caused by this disaster adds to the many challenges and difficulties faced by those impacted and the IIIM team stands in solidarity with the affected communities and reiterate our commitment to amplifying their voices where we can.