Switzerland backs legal efforts to hold Assad regime accountable for violations of international law

By Beyza Binnur Donmez

GENEVA (AA) - The Swiss Foreign Ministry on Friday reaffirmed its stance on ensuring accountability for the violations of international law committed by the fallen Assad regime, emphasizing the need for justice and reparations for victims.

In response to Anadolu's query regarding the establishment of an international criminal tribunal for Syrian war crimes, the ministry said: "Given the repeated and systemic violations of international law, including human rights abuses and breaches of international humanitarian law in Syria, Switzerland considers that accountability, justice, and reparation for victims are essential."

The ministry emphasized that the national judiciary is primarily responsible for prosecuting international crimes. "It is primarily up to national courts, while respecting the guarantees of a fair trial, to judge crimes under international law," it said.

Switzerland, along with 56 other countries, has supported the referral of the Syrian situation to the International Criminal Court (ICC) by the United Nations Security Council, it said, adding: "It also supports the International, Impartial, and Independent Mechanism (IIIM) established in 2016 by the UN General Assembly and the Commission of Inquiry of the Human Rights Council."

The IIIM is tasked with collecting, preserving, and analyzing evidence to assist jurisdictions investigating war crimes, crimes against humanity, and genocide committed in Syria since March 2011.

The Federal Office of Justice (FOJ), for its part, told Anadolu: "Under the Mutual Legal Assistance Act (MLA; RS 351.1), Switzerland may provide mutual legal assistance to any state, including for the prosecution of war crimes and other crimes under international law punishable in Switzerland."

"Switzerland may therefore cooperate with the Syrian authorities on the basis of the MLA if it receives requests to this effect and if the conditions for cooperation are met," the FOJ added.

It also highlighted Switzerland’s capacity to fully cooperate with the International Criminal Court (ICC) under the Federal Law on Cooperation with the ICC.

Switzerland may assist ICC on the basis of its arrest warrants, arrest persons, and hand them over to the court, it said, adding that under the MLA, Switzerland may offer legal assistance to other international courts or institutions with criminal functions, such as those established by the UN or supported by Switzerland.

"In addition, the Federal Council may, under certain conditions, extend cooperation to other penal institutions by means of an ordinance," it added.

Bashar Assad, Syria’s leader for nearly 25 years, fled to Russia after anti-regime groups took control of Damascus on Dec. 8, ending the Baath Party regime, which had been in power since 1963.

The takeover came after Hayat Tahrir al-Sham fighters captured key cities in a lightning offensive that lasted less than two weeks.​​​​​​​