Syria’s Bashar al-Assad: Guilty but Free

Because Syria’s government had not signed onto the Rome Statute, which renders governments and their respective officials subject to the International Criminal Court, including its arrest warrants and verdicts, Bashar al-Assad and his younger brother, Mahar, who were then in absentia under Putin’s protection in Russia, were not subject to the ICC when a Syrian court found the two brothers guilty of crimes against humanity and war crimes on August 11, 2026. The two men could evade the death sentences issued by their own country’s judiciary as long as they could be protected by the Russian president in Russia. Although an Israeli court had tried and convicted the Nazi Eichmann of crimes against humanity, so a precedent existed for national courts adjudicating that crime, the fact that Israel had to illegally kidnap Eichmann in Argentina and the al-Assad brothers could evade being held accountable for their horrendous crimes in Syria suggests that the right, proper, and effective court to hear cases on crimes against humanity, as well as war crimes, is international, such as the ICC. That court’s weakness, however, as in Syria, Russia, and Israel not being subject to that court’s jurisdiction, points to a hole in jurisprudence on crimes against humanity, assuming that the proper and necessary jurisdiction is rightly international rather than national. With the U.S. having recently announced a full-on attack on the ICC (and its prosecutors) at the behest of the indicted suspect Prime Minister Netanyahu of Israel, it could be asked whether the ICC was in a position to “fill the hole” in the jurisprudence of crimes against humanity (and war crimes), or whether a coalition of the willing of national governments would have to start from scratch to construct a new international criminal court (and block diplomacy and trade with any country not willing to be bound by the new international jurisprudence). The judicial case against the al-Assad brothers (and their maternal cousin, who was in the courtroom and thus could be held accountable by the national court for having led the 2011 Daraa crackdown) demonstrates the value in shoring up international jurisprudence on crimes against humanity (and war crimes).

The Fourth Criminal Court in Damascus, Syria, found the country’s former dictator guilty of having ordered “the murder of civilians including children, as well as torture and unlawful detention.”[1] Although the senior director of the Soufan Center said at the time of the verdict and sentencing of death, “The ruling we saw today on the al-Assad brothers and their cousin, Atef Najib, marks a new chapter in Syria’s post-regime accountability landscape,” such accountability was severely limited because neither of the brothers were in Syria, and thus could not be touched by the ruling and sentence.[2] In fact, the ruling on and sentencing of the two brothers even as they were in absentia showcases the limitations of a global order in which accountability in regard to crimes against humanity is subject to national sovereignty rather than international jurisprudence. Caroline Rose, the director at Soufan, admitted, “Bashar and Maher remain in Russia and likely will not be handed over by Moscow.”[3] It is indeed tenuous at best for accountability for the guilty of crimes against humanity to hinge on the political discretion of Russia’s president Putin, who was then wanted by the ICC for having abducted Ukrainian children and having them send to Russia to indoctrinate them to be ethnic Russians rather than Ukrainians.

So even though Rose said of the Syrian court’s verdict and sentencing, “It is a decision that seeks to satisfy millions of Syrians who seek accountability and justice after war crimes committed by the regime, seeking closure,” the “result” was anything but closure.[4] This is significant because the “al-Assad regime’s documented atrocities over 14 years include the use of chemical weapons, most notably a sarin attack on the Ghouta suburb of Damascus in August 2013 that killed an estimated 1,400 people, according to US intelligence reports” and “confirmed by the Organization for the Prohibition of Chemical Weapons.”[5] Additionally, the Syrian Network for Human Rights reports that the “regime also dropped more than 80,000 barrel bombs on civilian areas,” and photographs smuggled out by a military police photographer confirm that 11,000 detainees died “from torture, starvation or execution in Syrian government facilities.”[6] 

The severity of such crimes in Syria can be said to transcend national sovereignty and the related reach of national judiciaries, and thus to properly belong to international jurisprudence in line with the Nuremberg Trials wherein several Nazi officials were tried between 1945 and 1949 by an international, albeit of the Allied powers, tribunal. It was there that “crimes against humanity” was coined and first tried, and with success. In fact, that not every defendant was found guilty added to the credibility of the Trials as being something more than the vengeance of the victors on a vanquished regime. Even the Israeli trial of Eichmann turned out to be credible, as the verdict hinged on Eichmann’s violation of Himmler’s order not to march Hungarian Jews to far-away death-camps; Eichmann could not say that he was just following orders, and thus he could be found guilty of having committed a crime against humanity. Even so, both the added credibility that an international court would have had and it not having to necessarily resort in illegal abduction argue in favor of having an international rather than a national court adjudicate on crimes against humanity (and war crimes), rather than leaving these crimes only to national tribunals, especially as military technology, including on chemical weapons, has magnified the possible scale of the crimes. 

As in the case of nuclear weapons and even carbon-emissions, the weapons that technology, or science, already made possible when the al-Assad brothers were killing and torturing Syrian civilians for 14 years, can justify a situs for justice at the global level—as jurisprudence in a global order, and thus not held back by absolutist interpretations of national sovereignty which had arguably already been antiquated when Nazi Germany enforced nationalism throughout Europe in the mid-20^th century. In other words, the limitations on the Syrian court being the enforcer of justice against two brothers found guilty of horrendous crimes against humanity could ween nationalists around the world from the addiction to national sovereignty as the exclusive default for any sort of global arrangement and international relations.

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1. Aleksandar Brezar, “Syria Sentences Bashar al-Assad to Death in Absentia for War Crimes and Crimes against Humanity,” Euronews.com, 11 August, 2026.
2.Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

The UN: Israel Guilty of Reproductive Genocide

On March 13, 2025, the Commission of Inquiry on the Occupied Palestinian Territory released a report based on evidence of incessant incidents and Israeli strategic bombings to the UN Human Rights Council. “Israel has increasingly employed sexual, reproductive and other forms of gender-based violence against Palestinians as part of a broader effort to undermine their right to self-determination,” Chris Sidoti of the Commission stated.[1] This statement is oriented to particular incidents, albeit recurrent; the report goes on to charge the Israeli government with genocidal methods targeting the ability of the Palestinian population to sexually reproduce itself. Ironically, such methods may bring to mind the methods used in Nazi Germany, including those used by Josef Mengele, the “Angel of Death,” to wantonly kill and strategically sterilize undesirables. It need not be a truism, however, that the descendants of victims become victimizers, though I suspect that studies on intergenerational psychology attest to the phenomenon. Also ironically, culpability with an intergenerational cause is also a theme in the Hebrew Bible. Thirdly, it is ironic too that Yahweh may have the last word on the Israeli transgressions, as this too is a recurrent theme in the Hebrew Bible’s faith-rendering of the history of Israel. It would be odd indeed were Yahweh behind a sort of rendering of justice against the Nazis by having Israel inflict severe pain on Palestinians in the occupied territories. Put another way, that justice did not catch up to every Nazi aggressor does not mean that excessive, and thus unjust, harming of innocents can complete the cycle of justice. In fact, both the literal “overkill” by Israel and Russia’s war crimes in invading Ukraine—both with impunity—raise the question of whether omnipotent Yahweh gives a damn, or even whether it is actually sheer fiction.

In the Commission’s report released to the UN on June 14, 2024, whose coverage includes the Hamas attack on October 7, 2023 and does not excuse Hamas for its atrocities against Israelis. Even so, the Israeli government ignored the Commission’s requests for information even on those crimes. That the UN had created the state of Israel must also be considered in assessing the refusal. The report also states that the attack by Hamas “and the subsequent Israeli military operation in Gaza must be seen in context. Those events were preceded by decades of violence, unlawful occupation and the denial by Israel of the right of Palestinians to self-determination”.[2] The “unlawful occupation” is especially relevant, as it attests that the political and military “playing field” was hardly level. The Israeli government had taken advantage of this macro advantage for decades, and the Commission’s report on the genocidal sexual and reproductive crimes against humanity following October 7, 2023 should be put in this context. In other words, those crimes were not part of an even “tit-for-tat” between two equal adversaries. Moreover, 45,000 to 55,000 killed or starved for 1250 Israelis killed on October 7, 2023 is so extremely one-sided that the slant in the underlying geo-political and military paradigm can be reckoned as being culpable, as well as the party enforcing it.

Therefore, it is vital to go beyond particular instances of the crimes. Even as the March, 2025 report includes incidents, the macro-level of genocidal sexual tactics is not ignored. Of the former, “two days of public hearings held in Geneva . . . featuring victims and witnesses of sexual and reproductive violence and medical personnel who assisted them, as well as civil society representatives, academics, lawyers and medical experts” went into the report.[3] The report asserts that “forced public stripping and nudity, sexual harassment including threats of rape, as well as sexual assault” were “standard operating procedure” of the Israeli Security Forces in Gaza.[4] Furthermore, the report maintained that “forms of sexual and gender-based violence, including rape and violence to the genitals, were committed either under explicit orders or with implicit encouragement by Israel’s top civilian and military leadership.”[5] From a human standpoint, it is only natural that the anger of Gaza residents towards Israelis and Israel going forward must be such that any proximity, such as is an aspect of military occupation, is itself problematic and essentially infeasible. That such anger can be expected to be intergenerational also rendered continued occupation unfeasible. This is not to say that the residents of Gaza should be moved; a coalition of the willing globally could step in to see that no Israeli enters the territory, which, fortunately, shares a border with Egypt.

The report on the sexual and reproductive tactics also covers crimes against the Palestinian people in Gaza, and this also renders continued occupation untenable. Specifically, the Commission reported “that Israeli forces had systematically destroyed sexual and reproductive healthcare facilities across Gaza, including Gaza’s largest fertility clinic, Al Basma centre, in December 2023.”[6] Additionally, it was no accident, according to the report, that “(t)ank shelling destroyed about 4,000 embryos at the clinic that reportedly assisted 2,000-3,000 patients a month.”[7] According to Sidoti, “certainly, their commanders knew and the commanders would have known that there were tanks operating within that vicinity and firing on buildings and fired on a healthcare facility that was clearly marked.”[8] To be sure, it is possible that the Israeli government had intel that Hamas was using the clinic as a shield. Even if this were so, the report includes other instances of tactics of reducing the number of Palestinians in Gaza, such as direct attacks on maternity wards, “combined with the use of starvation as a method of war,” that have negatively “impacted all aspects of reproduction.”[9] Imagine the reaction were such a design and intent applied by an occupying power on Israel; it would not take long at all for the Israeli government to charge such an occupier with committing Nazi atrocities on the Jews. The asymmetry itself points back to the tilted playing field.

From its collection of evidence, the Commission could detect a systemic pattern. The report “finds that the destruction amounts ‘to two categories of genocidal acts in the Rome Statute and the Genocide Convention, including deliberately inflicting conditions of life calculated to bring about the physical destruction of Palestinians and imposing measures intended to prevent births.”[10] The very notion of collective justice (and injustice) is based on the fallacy that there are no innocents in a population. Immediately after the Hamas attack, the president of Israel commited this fallacy and connected it with his stated determination that every resident in Gaza should suffer as a result of the Hamas attack. The reaction of governments around the world was to step back and let this fallacious reasoning be implemented on the ground in Gaza by embittered Israeli leaders and soldiers. It is as in Hobbes’ Leviathan in that a sovereign power can do whatever it wants. Yet even in Hobbes’ political theory, even though a country’s sovereign power has the last word in interpreting scripture, everyone is subject to God’s judgment.

The doctrine in Jonathan Edwards’ sermon, “Sinners in Zion,” is that the “time will come when fearfulness will surprise the sinners in Zion, because they will know that they are going to be cast into a devouring fire, which they must suffer forever ad ever, and which none can endure.” Edwards’ most famous (or infamous) sermon, “Sinners in the Hands of an Angry God,” is based on Deut. 32:35: “Their foot shall slide in due time.” This can be said of the Israelis who are culpable in ordering or committing genocidal acts well in excess of reciprocal harm in an eye for an eye. The Palestinians are largely if not all Muslims, so it cannot be believed that Yahweh would be in favor of the killing, starvation (e.g., blocking humanitarian aid from entering Gaza in 2025), deprivation of utilities (e.g., cutting off electricity), and reproductive abuse. It is not as though the deity were saying to Israel’s prime minister Netanyahu, Go and rid the Land of Israel of those people who worship other gods, as is the biblical story of Yahweh directing the Hebrews to circle Jericho seven times and kill even the women and children who worship Baal because they do not worship Yahweh. Rather, it seems that Yahweh would eventually punish Israel (i.e., collective divine justice) for having violated the Commandment against killing, especially if the magnitude is well beyond tit-for-tat.

For a God-fearing Israeli, and the rest of us, Yahweh once again punishing Israel for its transgressions is not something that any person can or should take on as if delegated by that deity to enforce divine justice. Indeed, such a horrendous assumption renders theocracies dangerous. We are all, human, all too human, and thus we don’t have the omniscience to be God’s enforcers. This is not to say that governments cannot or should not act to enforce international law, especially given the impotence of the United Nations, but absent this, there is faith that Yahweh will have the last word in holding Israel accountable here rather than only in the hereafter. Instead of willful arrogance, humility, self-restraint, and contrition are the appropriate attitudes of people of faith who have so violated divine (and international) law. It can even be said that serving rather than attacking one’s enemies unlocks the door to the kingdom of God, but even this is subject to willful intransigence out of jealousy and spite.

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1. “Rights Probe Alleges Sexual Violence Against Palestinians by Israeli Forces Used as ‘Method of War,” UN News, United Nations, March 13, 2025.
2. “Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including
East Jerusalem, and Israel,” Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General, The United Nations. June 14, 2024.
3. Rights Probe Alleges Sexual Violence Against Palestinians by Israeli Forces Used as ‘Method of War,” UN News, United Nations, March 13, 2025.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.

Toothless International Human Rights: Genocide in Gaza

It strains credulity to believe that vengeance against the Palestinian residents of Gaza was not among the motives of the Israeli government’s ministers in retaliating for the Hamas attack against occupation on October 7, 2023. Within days, Israel’s president publicly accused every Palestinian in Gaza of being guilty. Because it cannot be assumed that every resident of Gaza who had voted Hamas into office was in favor of the attack, and the residents who had voted for the PLO could even less be assumed to be supportive of Hamas, the Israeli notion of collective justice is ethically flawed. Deficient as a subterfuge for the very human instinctual urge to inflict disproportionate vengeance, the espoused justification did not hold South Africa off from charging Israel with genocide at the International Court of Justice (ICJ). At the time, both South Africa and Israel were parties to the Genocide Convention. Because the ICJ was at the time the principal judicial body of the United Nations, the UN’s lack of enforcement power—notorious even on resolutions passed by the Security Council—meant that even a conviction could send the message that a national government can get away with even genocide.

In its accusation, South Africa claimed that Israel was “in violation of its obligations under the Genocide Convention” in that “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza.”[1] At the time (at the end of 2023), over 21.5 thousand people had been killed by Israel in Gaza since October 7, 2023, far outstripping the 1,200 Israelis who had been killed by Hamas and the 240 hostages during that period.[2] The disproportionality alone eviscerates claims of retaliation and thus “justice.” That a significant number of the Palestinians killed were innocents, including children, and 85 percent of the 2.3 million Palestinians there had been left homeless[3] and at least as many without sufficient food and medical care supports South Africa’s claim that “there are ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza.”[4] Also in the final days of 2023, Israel’s finance minister, Bezalel Smotrich publicly accused the “2 million people” in Gaza of aspiring “to destroy the State of Israel” so only a few hundred thousand should be allowed to remain there.[5] Hence, South Africa’s government stated that it was “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.”[6]

One way to massively decrease population, the use of “indiscriminate bombing” was, according to U.S. President Biden, being used by Israel. Even though the unguided bombs could get at Hamas’ underground tunnels, the use of such bombs, especially in a densely populated urban context, was prohibited by international humanitarian law. American intelligence assessment suggested “that nearly half of the air-to-ground munitions that Israel has used . . . have been unguided.”[7] The Israeli government put out the following statement: “Israel is committed to international law and acts in accordance with it, and directs its military efforts only against the Hamas terrorist organization and the other terrorist organizations cooperating  with Hamas.”[8] Astonishingly, the statement added that Israel had been making “every effort to limit harm to the non-involved and to allow humanitarian aid to enter the Gaza Strip.”[9] This flies in the face of the nearly 2 million residents who had been displaced from their homes and with the extent of starvation. Just weeks before South Africa’s application, thousands of Gaza residents desperate for food had mobbed food-aid trucks in the city of Rafah.[10] Even Israel’s finance minister admitted that Gaza was a ghetto (so decreasing its population was justifiable).[11] Masha Gessen, who won the Hannah Arendt prize for speaking truth to power as Arendt did during the Eichmann trial, wrote that Gaza is “like a Jewish ghetto in an Eastern European country occupied by Nazi Germany.”[12] That Gessen was herself Jewish and had lost ancestors in the Holocaust did not stop her from “catching hell” for her statement. The presidents of Harvard, Penn, and MIT also caught hell for asserting that the context (of the war) could make political speech redressing Israel’s genocide with a corresponding one against Israel protected as free (rather than hate) speech, while Yale caved. Even a Yale alum can tip his hat to Harvard in the hope that Yale might take a lesson rather than fortify its truth, and instead humbly improve.

For its part, the Israeli government was in denial. As South Africa’s charges were made public, the state founded for victims of German atrocities had become a victimizer in striking back with vengeful disproportionality, and yet this was too much for the vengeful to see in their mirrors. The Israeli government’s Ministry of Foreign Affairs played the antisemitic card in claiming that South Africa was “calling for the destruction of the State of Israel,” which was blatantly untrue.[13] For his part, Prime Minister Netanyahu was saying that the attacks would continue for months.[14] Clearly, the Israeli government would dismiss any adverse ruling by the UN’s court on crimes against humanity leveled this time against Israel. For nothing short of a brick wall can arrest such stubbornness, especially when it is fueled by disproportionate vengeance. Yet the UN has shown itself to be utterly feckless, shirking even from standing up to its own members.

The root of the problem that enables a government to commit even a genocide with impunity, or invade another country unprovoked (e.g., Russia) and intentionally bomb civilians, is the absolutist interpretation of national sovereignty, which had come out of the writings of Jean Bodin (c. 1529-1596) in Six Books of the Commonwealth. Given the Reformation-fueled strife of his day, he “was convinced that peace could be restored only if the sovereign prince was given absolute and indivisible power of the state.”[15] The state’s sovereignty was absolute. A century later, Thomas Hobbes carried this political theory further in Leviathan. To be fully sovereign must include having the last say on theological doctrine and Biblical interpretation. Hence, the monarch in Britain is head of the Church of England. In the turbulent sixteenth and seventeenth centuries in Europe, absolute sovereignty was deemed worth the risk of the power being abused in tyrannical rule without any internal check. As for any normative check by other monarchs, none of them would have wanted to see their own absolute sovereignty impinged by an invading prince from another realm.

The norm that a government’s rule is a matter of a country’s internal affairs had survived even into the twenty-first century. The governments of Russia and China had been the most explicit in insisting that this norm be universally accepted. With the advent of human-induced climatic change and modern weapons of mass destruction, however, we might expect the norm to be challenged, but the ongoing impotence of the UN and the want of any serious proposals of reform that would involve national governments giving up some of their sovereignty suggests that the norm still had considerable staying power and would thus require a lot of energy to be dislodged from its privileged status as the status quo default. In other words, even as the harms from unchecked national power have increased tremendously, Bodin’s theory of absolute sovereignty has remained hegemonic.

So the Israeli government could simply enunciate false claims and not really have to worry about anything more than bad public relations from the charges at the International Court of Justice. Even genocide in retaliation for a much lesser, albeit horrific, attack could be protected by the sovereignty of the Israeli government.

The silent culprit may be the diffusion of responsibility globally as the rest of us watch the ongoing dire situation in Gaza (and Ukraine) as if we were paralyzed from demanding that our respective governments cede some authority militarily to the UN or a new international body empowered to enforce its decisions. The governments refusing to go along could be excluded commercially as well as diplomatically from those who have been willing to be held accountable themselves and thus cede some sovereignty in exchange for a voice (and vote) at the global table.

After more than a century of tremendous technological development—my grandfathers, for instance, witnessed the coming of cars, airplanes, radio, television, huge medical advances, and even computers—the retarded condition of political development really stands out—or should stand out—given the increased global interdependence and threats, including the scale of harm that a government can commit by means of military technology. That Nazi Germany could follow the Enlightenment should give us all pause in the trust we place in our governments, including their police and military forces. If we are Kantian rational beings, so too are we capable of tremendous rage that can snuff out what Adam Smith pointed to as the human imagination enabling sympathy for others in a “fellow-feeling.” Both Putin of Russia and Netanyahu of Israel have recourse to tremendous military force and yet arguably little if any sympathy even in the midst of such large-scale, disproportionate suffering. That the two men can get away with continuing to inflict even more suffering as long as they feel like it is reason enough for the defeat of Bodin’s political idea.

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1. Pierre Meilhan, Bethlehem Feleke, and Tamar Michaelis, “South Africa Files Genocide Case Against Israel at International Court of Justice Over Gaza War,” CNN.com, December 29, 2023.
2. Ibid.
3. Waffa Shurafa, Bassem Mroue, and Tia Goldenberg, “Israeli Strikes in Central Gaza Kill at Least 35 as Netanyahu Says War Will Continue for Months,” The Huffington Post, December 30, 2023.
4. Pierre Meilhan, Bethlehem Feleke, and Tamar Michaelis, “South Africa Files Genocide Case Against Israel at International Court of Justice Over Gaza War,” CNN.com, December 29, 2023.
5. Sanjana Karanth, “Senior Far-Right Israeli Official Admits Gaza Is A ‘Ghetto’ for Palestinians,” The Huffington Post, December 31, 2023.
6. Pierre Meilhan, Bethlehem Feleke, and Tamar Michaelis, “South Africa Files Genocide Case Against Israel at International Court of Justice Over Gaza War,” CNN.com, December 29, 2023.
7. Ibid.
8. Ibid.
9. Ibid.
10. “Chaotic Scenes as People Run after Lorries Carrying Aid in Gaza,” BBC, December 27, 2023.
11. Sanjana Karanth, “Senior Far-Right Israeli Official Admits Gaza Is A ‘Ghetto’ for Palestinians,” The Huffington Post, December 31, 2023.
12. David Mouriquand, “Author Masha Gessen Receives German Prize Despite Comments Comparing Gaza to Nazi-era Ghettos,” Euronews, December 18, 2023.
13. Pierre Meilhan, Bethlehem Feleke, and Tamar Michaelis, “South Africa Files Genocide Case Against Israel at International Court of Justice Over Gaza War,” CNN.com, December 29, 2023.
14. Waffa Shurafa, Bassem Mroue, and Tia Goldenberg, “Israeli Strikes in Central Gaza Kill at Least 35 as Netanyahu Says War Will Continue for Months,” The Huffington Post, December 30, 2023.
15. “Jean Bodin,” Internet Encyclopedia of Philosophy.

The Tyranny of the Veto: Eviscerating the U.N.

Russia and China vetoed a U.N. Security Council resolution on October 4, 2011, effectively tossing a life preserver, according to the New York Times, to Syria’s president. The toothless proposal would have condemned the Syrian government for its violent crackdown of popular protests in which more than 2,700 had been killed. The proposal’s language had been softened from targeted financial sanctions; the council would merely have been charged with considering unspecified measures after a 30-day period. Two reasons can be cited for the two vetoes: commercial ties and a vested interest in forestalling any more threats to the doctrine of national sovereignty.

The veto-provision itself of the Security Council can be questioned here, as it allows allies to protect even a government that has, in the words of Gérard Araund of the E.U., lost its legitimacy in the world. The New York Times reports that the arms contracts that Russia had with the Syrian government at the time of the vetoes were valued at $4 billion. “Beyond jet fighters and tanks, Russia has varied interests in Syria, like oil and gas and cement.” Russia is Syria’s fifth largest trading partner. Accordingly, Russia’s foreign minister issued a statement condemning extremists in Syria who were engaging in “open terror” through violence. Russia was betting on Assad. Aleksandr Shumilin, director of the Center for the Analysis of Middle East Conflicts, told the media that as “soon as it seems that the opposition has become comparable to [Assad] in strength and there appears a possibility they will win, Russia will change its behavior.” One could add that such a change would occur if and only if Russia’s commercial interests with Syria are threatened. This approach is known as realism in international relations. States pursue their own strategic interests internationally, taking for granted rather than challenging the system of sovereign nation-states that permits realism to be the driver even though it does not take into account the broader public good.

The continued hegemony of the nation-state system and the impact of realism are both evident from the fact that even such a weak proposal could successfully be blocked against a government that had killed over 2,700 unarmed protesters. The message being sent by the U.N. is that a government can use its claim to legitimate force pretty much any way it wants. Put another way, an implication from realism in a nation-state system is that the U.N. is merely a conference, or discussion, without much attention to the broader (i.e., international) system of governance, at least in so far as the Security Council is concerned. We are thus left in a Bodinian/Hobbesian world wherein every government is looking out for its own narrow interests, which allow for governments to turn against their people.

To be sure, opponents of the resolution did have a leg to stand on. They claimed that the no-fly-zone resolution on Libya had been abused by NATO bombing pro-Gadhafi positions even when no civilians were in danger. There was a sense in both Moscow and Beijing that the West had been using economic sanctions and military actions under U.N. auspices to further Western-friendly regime change. According to the New York Times, there “is a sense in both capitals that the West in general, and the United States in particular, is feeding the protest movements in the Arab world to further its own interests.” Both Russia and China are “determined to reassert their long opposition to anything that smacks of domestic meddling by outside powers.” Lest it be thought that this is for the protection of other governments or for national sovereignty as a virtue or ideal, Russia faced outside pressure concerning Chechnya and China has Tibet. In other words, the national sovereignty doctrine is a manifestation of realism, wherein international consensus is the result of narrow national interests rather than a view of the good of the whole.

In defending Assad with the doctrine that ultimately protects them, Russia and China must also deal with the inconsistency in letting Assad get away with his killing spree while Gadhafi had killed less yet been stopped. In other words, why does Gadhafi’s opposition deserve help while those against Assad are “extremists”? If abuse of the Libya resolution by NATO were really the problem, then Russia and China could have insisted that U.N. officials oversee any action to defend Syrian protesters and report regularly to the Council, wherein Russia and China could nullify the resolution by a veto if either government suspected any abuse taking place. In fact, the U.N. Secretary General could designate Russia and China as coordinating the operation. The U.N. should not have delegated the Libyan operation so much to NATO, but this does not mean that the same thing would have to be accepted in an operation against Assad.

Going beyond the strategic interests esteemed in realism, the question of international governance can be broached, particularly as there are several truly global issues (e.g., global warming). The development of communications technology means that wholesale human rights abuses occurring on the other side of the world can be instantly seen. Out of this greater awareness, a greater groundswell of opposition to unfettered national sovereignty can be expected, with implications for how international governance is structured.

Given the greater need for international governance, the U.N. should be reformed from a confederation to a modern federation such that a few friends do not have sufficient influence to block a resolution against an abusive government. The veto itself should be eliminated, though this might require that a new organization be formed in lieu of the U.N. Otherwise, we will be left with a world in which Hobbesian sovereigns are allowed to violate their citizens’ basic human right to life while friendly government officials attend to their countries’ respective financial and political interests at the expense of the system as a whole and the general good. I contend that enabling violent, abusive dictators is not in our good, so their friends ought not be allowed to prevent the international community from policing its basic standards. National sovereignty should be limited, just as international governance itself would be subject to constraints.

Sources:

Joe Lauria, “Russia, China Veto U.N.’s Syria Move,” Wall Street Journal, October 5, 2011. 

Neil MacFarquhar, “With Rare Double U.N. Veto on Syria, Russia and China Try to Shield Friend,” New York Times, October 6, 2011. 

A Syrian Offensive: Taking on International “Enforcement” of Human Rights

In Geneva on November 28, 2011, the Independent International Commission of Inquiry on Syria presented its report, which had been requested by the UN Human Rights Council. According to the report’s summary, the “deteriorating situation in the Syrian Arab Republic prompted The Human Rights Council to establish an independent international commission of inquiry to investigate alleged violations of human rights since March 2011.” The Commission interviewed 223 victims and witnesses. The Commission was able to document “patterns of summary execution, arbitrary arrest, enforced disappearance, torture, including sexual violence, as well as violations of children’s rights.”One might suppose that the Syrian government would have been seeking to placate the international organization and other governments.

The New York Times reports instead that Sryia’s foreign minister, “(o)utraged at the Arab League’s unprecedented battery of sanctions on Syria,” denounced the Arab League’s “unprecedented sanctions” as instantiating “economic war” by “brethren states.”  Hinting at retaliation, the foreign minister, Walid al-Moallem, told reporters at a televised news conference in Damascus. “Sanctions are a two-way street. I am not warning here, but we will defend the interests of our people.” It sounds rather like he was actually defending the interests of his government (and his own job). The Commission’s report itself points to evidence that the two interests were not at the time identical.

Because a government receives its legitimacy from other governments on the basis of protecting a people, it is astonishing that officials in the Syrian government thought they were any position to push back. If anything, the international accountability had been extremely lacking. This is astonishing in itself, given the success of the UN-sanctioned NATO effort that facilitated the downfall of Qaddafi in Libya. To be sure, NATO had at the very least stretched its mandate to protect civilians by going on the offensive against Qaddafi’s compound. Even so, given the Syrian government’s documented human rights violations and its utter refusal to recognize its crimes—let alone to hold back from striking out against justified international reactions—international action with teeth was urgently needed as it was wan at best.

Within the E.U.’s “euro zone,” 2011 was a year in which state leaders were coming to grips with the necessary for “ever closer union” on fiscal matters to support the monetary union. Similarly on the international level, I suspect it was dawning on people around the world that mechanisms with teeth are needed to enforce the norm of governmental sovereignty being contingent on a given government protecting rather than attacking its citizens en masse. If it was gaining ground, such a recognition would have challenged the status quo before the downfall of Qaddafi. Specifically, it had been accepted that tyrants having power in the world is an inevitable fact of life, so it is pointless to try to remove one or two of them. This fallacy even allowed U.S. Government aid to brutal dictators. The year 2011 might have shifted the ground under this conservative plank.

In the context of the unrepentant Syrian government, people must surely have been realizing that depending on unions such as the E.U. or U.S. to have strategic interests in line with taking on an independent state or even another empire like China or Russia that is violating its mandate to rule by violating its citizens’ human rights is woefully inadequate. Indeed, looking the other way after the Libyan case could be looked at as criminal in nature. I suspect that although below the radar of the media, this realization was tacitly gaining ground at the grass-roots level around the world. The Arab Spring along with the specific case of Libya may have subtly shifted the ground even as recalcitrant rulers like Assad in Syria looked the other way. The fruit of the Spring would likely take years to mature, being in the form of new international mechanisms with teeth that represent a revised, explicitly conditional, conception of national sovereignty.

Source:

Neil MacFarquhar and Nada Bakri, “Syria Calls Arab League Sanctions ‘Economic War.’” The New York Times, November 28, 2011. 

Saudi Arabia Beheads a Member of the Royal Family: Justice for All, Atrociously

On October 18, 2016, Saudi Arabia executed a member of the royal family for committing murder during a brawl. Prince Turki bin Saud bin Turki bin Saud al-Kabeer was put to death most likely by beheading in a public square—as this was the usual method at the time. As horrific as such an execution is, the point that law applies to everyone is laudable—especially “on point” for countries in which the rich can “get away with murder” by hiring the best (and most expensive) lawyers.  The atrocious means of execution coupled with the dictum that the law really does apply to everyone renders this case particularly difficult to analyze from an ethical perspective.

“The greatest thing is that the citizen sees the law applied to everyone, and that there are not big people and other small people,” Abdul-Rahman al-Lahim, a prominent Saudi lawyer wrote.[1] In other words, the verdict and sentence sent the message that no one is above the law. To be sure, thousands of people are in the Saudi royal family enjoying perks not available to the rest of Saudi Arabia’s 20 million people; yet that the member executed was from a prestigious arm of the family sufficiently makes the point that no one is above the law.

This lesson is a valuable one for the United States, as financiers got away with fraudulently mislabeling the risk of sub-prime mortgage-based bonds before the financial crisis of 2008. Yet, interestingly, the Saudis could look to the United States for a lesson on how to execute people humanely. I submit that this combination of lessons demonstrates that a country can be very ethical in one sense yet abysmal in another. This point in turn impedes claims that some countries are more humane, or advanced ethically, than others. Within a culture, insistence on justice in one sense can coexist with toleration for injustice in another sense. Put another way, the human mind seems able to compartmentalize justice, without realizing the cognitive dissidence involved.

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1. Ben Hubbard, “Saudi Prince Is Executed for Murder,” The New York Times, October 19, 2016.

Reforming Chinese Courts: A Fool’s Errand?

With Chinese courts revising more than 1,300 criminal decisions in 2014, the chief justice of the Supreme People’s Court, Zhou Qiang, told the national legislature in March 2015, “With regard to wrongful convictions, we feel a deep sense of self-blame and demand that courts at all levels draw a profound lesson.”[1] Six months earlier, President Xi Jinping had initiated legal reforms on the premise that the Communist Party needed a “better-functioning” legal system in order to be able to govern.[2] The question is whether this push will come to anything substantial.

According to The Wall Street Journal, political considerations are one reason why the courts have had so many wrongful convictions, including in capital crimes. “The police, prosecutors and the courts are often coordinated by the party based on interests other than determining the truth,” Joshua Rosenzweig, a human-rights researcher, explains.[3] This collusion is vulnerable to the human presumption of infallibility. The police or government officials presume that “they have their man,” and the prosecutors and even judges act as reinforcers (or enforcers). As a result, the defense attorneys can only put up defenses they know will not make any difference to the outcome of the cases.

In Western jurisprudence, the conventional wisdom is that only a judiciary independent from the government and police can resist “political considerations” and intimidation. Even when formally separate, a judiciary can still be subject to pressure, however. Chinese firewalls can fail when a power-gradient is sufficiently steep. A judge facing re-election, for example, may not want to “rock the boat” with “the powers that be” years before the election, lest other candidates be used to take the judge out.

Unfortunately for the Chinese people, President Xi continued the requirement that the legal system serve the interests of the Communist Party.[4] So for all the atoning for miscarriages of justice, the government’s efforts to reform the legal system in order to instill public confidence in it and thus in the party as well, the collusion—and thus the wrongful convictions—would likely continue. Put another way, without fundamentally altering the design of the system that includes the government, the Communist Party, the police, lawyers, and the courts, urging judges to be more careful can only be a fool’s errand.

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[1] Josh Chin, “Top Judge Apologizes for Wrongful Convictions,” The Wall Street Journal, March 13, 2015.

[2] Ibid.

[3] Ibid.

[4] Ibid.

Mubarak Convicted in Egypt: A Precedent for Human Rights?

On June 2, 2012, an Egyptian court sentenced former President Hosni Mubarak to life in prison for being an accomplice in the killing of unarmed demonstrators during the protests in the “Arab Spring.” The significance of this verdict in terms of human rights from an international standpoint lies in the fact that the accountability on a ruler was accomplished by his own citizens—meaning the country’s own court. Lest the International Criminal Court be reckoned as coming up short in terms of being able to arrest and convict sitting or former rulers of states, the verdict from Egypt says, in effect, there is an alternative. Governments can fortify the independence of their respective judiciaries such that public officials can be held accountable domestically. Under this scenario, the ICC would be of value to the world particularly if it could be fortified to step in where states do not have court systems strong enough to arrest and try a current or former ruler. In other words, we ought not forget the alternative of national courts when we bemoan the weaknesses of the ICC.

All this is not to say that national judiciaries should necessarily be relied on—at least until they are strengthened in their capacity as a check on military, legislative, and executive officials and even heads of state. In the Egyptian verdict, for example, although Mubarak and his interior minister received life sentences, many officials more directly responsible for the police who killed the demonstrators were acquitted, as was Mubarak on corruption charges.[1] Furthermore, many lawyers said his conviction could be reversed on appeal. Accordingly, a prosecutor in the case announced an appeal would be made with a particular interest in convicting Mubarak’s sons of corruption and several police commanders of murder.[2] The want of convictions against them triggered popular protests across Egypt after the verdict.[3] Those protests signified a popular will that even high officials should be held accountable within the country rather than merely at the ICC. A judiciary should not depend on grass roots sentiment, however, so more evidently is needed before Egypt (and many other similar countries, no doubt) can be relied on to police their own officials on human rights abuses.

While hearing the life-sentence verdict against him, Mubarak shows no remorse.    Reuters TV

At the time of Mubarak’s conviction (and that of Charles Taylor by a Sierra Leon court at the Hague the week before), the world could be excused for having the false hope that dictators would thereafter finally be held accountable for violating the human rights of others. The hope in such a default-made-real can be funneled into a renewed effort to strength the ICC and the independence of governments’ own judiciaries. In other words, a better world wherein even the most powerful rulers and their subordinates are held accountable even for “giving the order” could finally be visualized, and out of this mere glimmer of sight could come the final push toward that better world.

1. David Kirkpatrick, “New Turmoil in Egypt Greets Mixed Verdict for Mubarak,” The New York Times, June 2, 2012. 

2. Alana Horowitz, “Mubarak Verdict To Be Appealed By Top Prosecutor,” The Huffington Post, June 3, 2012. 

3. David Kirkpatrick, “New Turmoil in Egypt Greets Mixed Verdict for Mubarak,” The New York Times, June 2, 2012. 

Former Liberian President Gets 50 Years for War Crimes

In the 50 year sentence handed to  former Liberian president Charles Taylor by the Special Court for Sierra Leone meeting at the Hague on May 30, 2012, the world came one step closer to being able to hold dictators accountable for war crime atrocities that go even beyond the violation of basic human rights. In particular, the prosecutor described, "The purposely cruel and savage crimes committed included public executions and amputations of civilians, the display of decapitated heads at checkpoints, the killing and public disembowelment of a civilian whose intestines were then stretched across the road to make a check point, public rapes of women and girls, and people burned alive in their homes.”[1] Insisting that he never knowingly assisted in the crimes, Taylor claimed that what he did “was done with honor.”[2] He maintained that he had been “convinced that unless there was peace in Sierra Leone, Liberia would not be able to move forward.”[3] Nevertheless, that he paid thugs in blood diamonds for the crimes means that he could be held accountable for the misdeeds themselves.

Of particular note, the conviction was the first of a former head of state since WWII. The judge stressed that the “special status of Mr. Taylor as a head of state puts him in a different category of offenders for the purpose of sentencing.”[4] The judge added that the crimes were of the “utmost gravity in terms of scale and brutality. The lives of many more innocent civilians in Sierra Leone were lost or destroyed as a direct result of his actions.”[5] That Taylor did not carry out the atrocities himself, as in raping a daughter while the father is forced to watch, or disemboweling a man so his intestines can be used at a border crossing, does not detract from his culpability. Yet the distance from the crimes themselves enabled Taylor to show (and presumably feel) no remorse as the sentence was being handed down. To be sure, he cannot be forced to recognize the sordidness of his role or feel contrition. Cognitive dissidence and sociopathic blockage of conscience can permanently forestall such a reckoning.

Even if the defendant never “gets the message” on account of his sociopathy, the world came one step closer to telling sitting heads of government around the world that they had better be careful not to violate others’ human rights lest they too find themselves spending decades in a cell. Yet more is needed to make this deterrent a reality. 

Because the court that convicted Taylor is not international, the International Criminal Court (ICC) could not be expected to benefit directly. Governments such as those in the United States that are not members of the International Criminal Court marginalize the court's legitimacy and effectiveness because the court's lack of jurisdiction suggests or implies that public officials can get away with violating human rights. Governments not subject to the ICC should be pressured to join (perhaps even as a condition for continued membership in the UN). Additionally, the ICC needs more power in being able to arrest indicted officials, whether in or out of office, in countries subject to the court.  The United Nations could draw from members' military forces to form a special force that could have access to the territory of any member for the specific purpose to arrest and transfer any former or sitting official indicted by the ICC. Economic and political sanctions would automatically kick in for any member refusing the special force such access. This would not apply to any UN members who are not also members of the ICC, though ideally every member of the UN would also be subject to the ICC. While such a system may seem unrealistic as of 2012, the proposal is at least possible. With the world heading in the right direction with respect to holding violators of human rights accountable, it is advisable that such proposals are explored and discussed lest the momentum be squandered in line with the self-interest of people like Charles Taylor. 

1. Marlise Simons and David Goodman, “Judge Gives Taylor 50 Years for ‘Heinous’ Crimes in War,” The New York Times, May 30, 2012. 

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.