Six criteria for justice for chemical weapon attacks

For years, survivors impacted by chemical weapons have been fighting for accountability for horrific attacks in Syria, alongside humanitarians and human rights defenders. As people who care deeply about justice, they have set out six criteria for justice for chemical weapon attacks – that will send a clear message that breaking international law will not be ignored.

Survivors of chemical attacks in Syria and first responders are haunted by their memories of toxic gasses choking victims in Douma, Ghouta, Khan Sheikhoun and in more than 300 chemical attacks against the Syrian people since 2011. The Assad regime is responsible for 98% of them and the rest by ISIS, according to The Global Public Policy Institute. These attacks have killed 1,500 people and injured thousands more.

Yet despite all the evidence, and the devastating and wide-reaching damage to individuals and communities, no one has been held criminally accountable.

We need justice now. Justice is extremely important for survivors and victims and could help to deter future massacres. But as more time passes, perpetrators have more opportunity to destroy evidence and to sow disinformation discrediting the testimonies of brave survivors.

Now there is a chance of hope. Thanks to the efforts of Syrian survivors, lawyers, human rights defenders – and over 10,000 people who supported them – a working group of states has been formed to work on ideas to tackle global impunity for chemical weapons attacks. They are tasked with finding solutions for justice, such as an international tribunal. It is a much-needed step to overcome existing blocks to justice as Syria isn’t part of the International Criminal Court (ICC), and attempts in 2014 to refer these crimes to the ICC failed. Other means to justice, such as universal jurisdiction, are too limited.

Syrian civil society has come together to advocate that the international community should be guided by these six principles for justice for the use of chemical weapons:

1. International Prosecution: Punishing these crimes must involve the international community — not just one country. Chemical weapons are banned worldwide, and justice must reflect that.
2. Tailored for Chemical Attacks: A new system should be created specifically for prosecuting crimes involving chemical weapons that addresses the full scope of these crimes. It needs to ensure justice for all victims, regardless of the nationality or domicile of perpetrators or victims.
3. Victim-centred approach: The voices and needs of survivors and their families should guide this process. Their rights and dignity must be prioritised, including transparent access to information and proceedings, witness protection, and reparations.
4. Justice needs to be seen to be done: The process should be clear and public so people everywhere can understand how serious these crimes are and why justice matters. Sharing evidence, victim testimonies, and verdicts will help the world learn from these crimes and combat impunity.
5. Individual criminal liability: This isn’t just about gathering evidence, it’s about creating a new system that leads to fair trials and prosecutes individuals guilty of chemical attacks. 
6. Broad support: The success of this effort will depend on the sound legal basis of the process and strong, diverse backing from many countries and survivors’ groups.

Justice for chemical weapon attacks is not just about holding criminal regimes and individuals to account — it is about helping survivors heal and preventing future atrocities. These six criteria for justice should guide all states and prosecutors in their critical work, forging a path forwards to end international impunity for chemical weapons crimes.

These criteria for justice were sent in a joint statement to states from the following 18 Syrian civil society groups composed of survivors, humanitarians, lawyers and human rights documenters:

1. Adalaty Organization
2. American Coalition for Syria
3. Americans for Free Syria
4. Association of Victims of Chemical Weapons
5. Baytna pour le soutien de la société civile
6. Do Not Suffocate the Truth
7. Justice-Paths
8. Lawyers and Doctors For Human Rights LDHR
9. Syrian British Consortium
10. Syrian Center for Legal Studies and Research
11. Syrian Center for Media and Freedom of Expression-SCM
12. Syrian Forum
13. Syrian Network for Human Rights (SNHR)
14. Task Force of Survivors of Chemical Attacks in Syria
15. The Syria Campaign
16. The Syrian Legal Development Programme
17. The White Helmets
18. Women Now for Development