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.

Applying Justice to Nazi Jurists in the Context of the Cold War

Judgment at Nuremberg (1961) is a serious film that enables the viewers to wrestle with the demands of justice for atrocities enabled by German jurists in NAZI Germany and the post-war emerging Cold War between the U.S. and the U.S.S.R., for which the American military needed the support of the German people against the Soviet Union. The film accepts the need of such support as being vital in 1947, when the actual trial took place (the film has it as 1948). To the extent that acceptance of this assumption is deemed spurious, the viewers would likely view the tension as being between the need for justice, a virtue, and expediency, a vice. Accordingly, the pressure from an American general on the prosecutor to recommend light sentences so not to turn the German people against the Americans and thus from helping them in the Cold War can be viewed as being astute political calculation in the political realist sense of international relations, or else undue influence or even corruption of a judicial proceeding. 

The full essay is at "Judgment at Nuremberg."

On the Arrogance of Self-Entitlement during a Pandemic

In the midst of the 1918 Spanish Flu pandemic, libertarians in San Francisco, California objected to wearing face masks. Other people there were simply fed up with wearing masks by late 1918. The libertarians, who objected on the basis of rights, actually prevented the Board of Health from renewing a mandate to wear masks.[1] In early 1919, another spike in influenza cases there led the board to put a mandate in place. So in March of 2020, the failure of mass transits and retail stores to enforce physical distancing and the failures a few months later to enforce mandates on wearing face masks to reduce the spread of the coronavirus can be seen as recklessness (and fecklessness) that could have been prevented by looking back a hundred years. But could the willful disregard of store policies and local law both by customers and store managers have been prevented had business had heeded history? I contend that human nature, which had not changed in such a short time by evolutionary standards, played the heavy, or anchor.
The selfishness of business managers can be regarded as the obstacle to historical progress in dealing with pandemics. As against history and even “organizational learning,” the current profit-motive wins over managers. God forbid that a customer be offended by being confronted by a store employee for not wearing a mask even though mask-wearing was “required” not only by store policy, but also by local law! Of course, a store or business policy barring enforcement of a requirement nullifies it, even if managers could not grasp this simple point. Also, allowing customers to break a local law is itself criminal, even if managers could not grasp this simple point. Ignoring a company policy and even local law could somehow be justified by the interests of profit-seeking.  
The selfishness and inconsiderateness of customers came with a presumptiveness or sense of entitlement to break not only store policies but local law as well. The mantra by the individual that that individual is above store requirements and the law rings with a shallow arrogance. The presumptuousness of the weak of being self-justified brings with it a bad odor, Nietzsche would say. This pathology was especially prevalent in places such as Arizona in the United States.
According to Jeremy Brown, an expert on the 2020 pandemic, it showed how strident selfishness can be. Such selfishness, joined by the related lack of consideration and empathy for other people, was perhaps greater than expected among American business managers and customers. “I think that the message we’ve seen is that people are selfish to a remarkable degree that I don’t think we’ve seen before,” Brown said.[2] That is, the refusal of retail managers to enforce a company requirement because doing so might turn some customers away, and thus their money, is steeped in short-sighted selfishness that recognizes no business responsibility in society. Similarly, the refusal of customers to wear masks, which put other people at risk, can show us just how much of a force selfishness can have in certain people. “The selfishness of people and their inability to have empathy for others who aren’t like themselves is one of the very, very worrying aspects that the disease has highlighted, Brown suggests. “I think this is a deeply rooted part of American society.”[3]
I submit that it is a gross overgeneralization to gloss American society, as there are many, just as many exist in Europe. In having lived in several of those in America, I was stunned in 2020 by just how much aggressive selfishness and stubborn weakness I witnessed in Arizona by how people reacted to the pandemic. Many bus drivers, for instance, refused to wear masks even though they were required by company policy and the local law. Many retail stores had policies forbidding employees from even approaching customers who were not wearing masks. Many light rail, bus passengers, and store customers went maskless with impunity. Light rail security guards were not allowed even to ask passengers to put masks on, and bus drivers rarely did even though they could have at least informed violators of the company policy mandating the wearing of masks. The local police department managers unilaterally decided not to go after organizations allowing customers or riders to break the law. Apparently some laws, especially if they are important to public health, are not worth enforcing.
In short, in some places more than others, just as the extent and depth of selfishness became more apparent with the coronavirus pandemic, so too did human weakness and the related organizational corruption. That these defects had the gall to defend themselves aggressively rather than recognize themselves are faults is perhaps another stunning realization that was made possible by the coronavirus pandemic. This can easily account for the fact that lessons learned in 1918 were so easily dismissed in 2020.

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1. Kristen Rogers, “What the 1918 Flu Pandemic Can Teach Us about Coronavirus,” CNN.com, September 25, 2020.
2. Ibid.
3. Ibid.

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.