Can Syria’s New Commissions Deliver Real Justice?

This week, we are sharing insights from our Syria Programme Team in a blog post co-authored by Nathalie Der Mesrobian and Dima Moussa, who reflect on the evolving transitional justice process in Syria.

After decades under the authoritarian Baath regime in Syria, which was marked by repression, injustice, and systemic violations, the fall of the regime in December 2024 was the start of a long-awaited hope for change. For Syrians and the world, it gave the sense of possibility for a new Syria built on justice, accountability, and the restoration of rights that were long denied. Syrians were eager to see how the transitional justice they had longed for and fought for so long would manifest.

On March 13, 2025, the interim authority issued a Constitutional Declaration to govern a five-year transitional period in Syria. Article 49 of the declaration stipulated the formation of a commission for transitional justice. Despite this stated commitment to institutional reform, the lack of clarity surrounding the "what" and "how" of the transitional justice process raised concerns about its implementation and effectiveness. Without concrete mechanisms, clear accountability structures, and a defined scope of action, the authority’s ability to address past violations and pave the way for a just Syria remained uncertain. Moreover, while guarantees of non-recurrence are crucial for long-term stability, they must be accompanied by truth-seeking efforts, accountability measures, and reparations to ensure a comprehensive approach. The absence of detailed frameworks in the declaration leaves key questions unanswered: Will this process address all violations committed on Syrian soil or would it be selective? How will victim participation be ensured? What legal mechanisms will be put in place to prosecute perpetrators? How will victims and witnesses be protected?

Two months later, on May 17, 2025, the president of the transitional period issued two decrees: 

• Decree No.19, establishing the National Commission for Missing Persons, tasked with “searching for and uncovering the fate of missing and forcibly disappeared persons, documenting cases, establishing a national database, and providing legal and humanitarian support to their families.”
• Decree No.20, establishing the National Commission for Transitional Justice, tasked with “revealing the truth about the gross violations committed by the former regime, holding those responsible accountable in coordination with the relevant authorities, redressing the harm inflicted on the victims, and consolidating the principles of non-repetition and national reconciliation.”

For civil society and the families of the missing and the disappeared, who have not been engaged thoroughly throughout this process since December 2024, the formation of the two commissions marks a step toward recognition of crimes committed and accountability. It is a step in the right direction, as Syrians look for formalisation of the transitional justice process and starting the much-needed healing process. Indeed, Syrians' right to know and the right to justice and accountability were finally being recognised, however, the true test lies in the implementation: Will these commissions bring justice and accountability or merely serve as a symbolic gesture?

The decree forming the National Commission for Transitional Justice limits its mandate to the crimes committed by the former regime. While the former regime was responsible for the great majority of the violations, there were violations committed by other non-state actors in the conflict, such as ISIS, as well as by other militias. The Decree fails to fulfill key principles of the Constitutional Declaration that promise equal rights (preamble and Article 10), human dignity (Article 12), and protection from enforced disappearance and torture (Article 18), and it ultimately restricts accountability to perpetrators of the former regime’s committed crimes. The stated mandate of the National Commission for Transitional Justice leaves victims of non-state actors without avenues for justice. Transitional justice is meant to be inclusive, as stated in Article 49 of the Constitutional Declaration, yet this Decree narrows its scope, leaving countless survivors without recognition or truth.

On the other hand, the decree forming the National Commission for Missing Persons (Decree No. 19) does not include such limitations. This indicates that at least for missing and forcibly disappeared persons, the legal and humanitarian support would not be limited to those missing and forcibly disappeared as a result of the actions of the former regime. However, the question that many have in mind is how the two commissions’ work will be reconciled if the National Commission for Transitional Justice is limited to violations by the former regime, while the National Commission for Missing Persons does not limit the scope of who can be considered perpetrators.

Additionally, the existing legal framework is not sufficient to address crimes and issues relating to transitional justice, which requires new laws or amendments to the existing laws. The previous People’s Assembly (Syrian parliament) was dissolved, and a new one is still not formed. This is problematic because there needs to be a law governing the work of the commissions, and this requires a legislative body. Furthermore, according to Article 24 of the Constitutional Declaration, the People’s Assembly for the transitional period will be formed through a process in which the president appoints one-third of the members, and forms a committee to oversee the election of the other two-thirds.

While Article 43 of the Constitutional Declaration affirms the independence of the judiciary, Article 47 grants the president the authority to appoint the seven members of the Supreme Constitutional Court. This structure raises important considerations regarding judicial autonomy and the balance of powers within the legal framework. This undermines the concept of the separation of powers and consolidates the executive's dominance over the legislative and judicial branches. In addition, when the highest judicial authority in the country, which is responsible for reviewing the constitutionality of laws and decrees, providing legal opinions, and most importantly, maintaining the checks and balances within the government, has limited independence, how could one hope for unrestricted accountability?

The establishment of the two commissions is an opportunity to initiate a long-overdue healing process for the Syrian people. Yet, alongside this opportunity come deep concerns, particularly regarding the National Commission for Transitional Justice. The challenges are undeniable, but there remains a chance to address some of the issues. For this process to be truly effective, certain fundamental considerations must take place. The commissions should ensure the inclusion of and engagement with all victims affected by violations in Syria, regardless of the constraints set by Decree No. 20. A strong legal framework must govern their operations, guaranteeing transparency and legitimacy. Equally crucial is the involvement of women and other marginalised groups in the commissions themselves from the outset, not merely as observers, but as active participants in shaping Syria’s future.