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.

Oppenheimer

An artificial sun rose on an otherwise dark night when the nuclear-bomb test named Trinity ushered in the era wherein our species’ aggressive instinct could render homo sapiens extinct. Given the salience of that instinctual urge—for we are related to the chimpanzee species—the wise (i.e., sapiens) species can be its own undoing. For it took a lot of intelligence in sub-atomic physics to invent the nuclear bomb, yet very little smarts went into deciding to use it against Japan, an enemy that would have lost anyway, in order to save American lives from having to invade the mainland (as if conventional bombs could not have reduced the casualties). Even less thought was put into the need to contain the proliferation of nuclear bombs. Expediency without heeding long-term risk is not a virtue. Kant wrote that even if our species were to institute a world federation, presumably having nation-states that would be semi-sovereign as a check against global totalitarianism, peace would merely be possible, rather than probable. This does not speak well of human nature, and this in turn renders the Trinity test something less than redeeming. “Now I am become death, the destroyer of worlds,” In the film, Oppenheimer (2023), Robert Oppenheimer reads from the Hindu scripture, the Bhagavad Gita, as a woman is on top of him in sexual intercourse. The irony of him being an instrument of mass destruction as director of the Manhattan Project and yet being engaged in potentially reproducing life with a woman is doubtlessly the point of that scene. Hindus who leap to the conclusion that Nolan is insulting their religion miss this point. Had the director included a scene in which Oppenheimer is praying, for example for the Jews in Nazi Germany at the time, a quote from the film, Gettysburg (1993) would have been similarly fitting. In that film, Col. Chamberlain of the Union army remarks, “What a piece of work is man . . . in action how like an angel!” Sgt. Kilrain replies, “Well, if he’s an angel, all right then . . . But he damn well must be a killer angel.” In the nuclear age, killer angel takes on added significance. The question is perhaps whether we have left angel behind as our species’ intelligence has outdone itself, whether in terms of developing nuclear weapons or heedlessly emitting so much carbon that the Earth could someday be unsuitable for us. Or, can we catch up by inventing antidotes? 

The full essay is at "Oppenheimer."

Pope Francis: Possessing Nuclear Weapons is Indefensible

Pope Francis said late in 2017 that the nuclear arms race had become irrational and immoral. The irrationality itself rendered even just the possession of nuclear weapons as immoral, according to the pope. Whereas past popes had recognized deterrence as a legitimator, both irrationality and the extent and “upgrading” of such weapons were factors in Pope Francis’s admittedly personal view.  Yet was his basis merely moral, or religious in nature?

The full essay is at "The Pope on Nuclear Weapons."