Syrian Forum USA
11 December 2023
Public Statement:  Statement Demanding the Establishment of an Exceptional Chemical Weapons Tribunal

We, a group of Syrian human rights, humanitarian and civil society organisations, associations and
groups of victims and their families, and witnesses and survivors of chemical attacks in Syria,
Stemming from:

1. Having been directly exposed to deadly weapons that cause severe and long-term
damage and suffering and dealing with their consequences on the ground and in
international fora. We have responded, documented, advocated, litigated, and
supported healing in possible cases;

2. Our belief that the continued impunity for chemical attacks undermines the absolute
prohibition of chemical weapons and the deterrent effect of accountability. This
increases the likelihood of future use, and destabilizes the international system and
trust in the international organisations established to protect international peace and security.

And based on:

3. The prohibition of the use of chemical weapons under customary international law
and international conventions;

4. The unprecedented and repeated violations of this universal norm in the Syrian
conflict;

5. The accumulation of incontrovertible evidence collected by the Organization for the
Prohibition of Chemical Weapons (OPCW) indicating the responsibility of the Syrian
authorities for nine attacks and the Islamic State of Iraq and ash-Sham for two attacks;

6. The existence of the International, Impartial and Independent Mechanism established
by the international community to collect and build on such evidence, in the absence
of the jurisdiction of any international criminal court that can adjudicate the matter;

7. The inability of the International Criminal Court to rule on this flagrant violation of
international law because Syria is not a signatory to the law establishing the Court,
and the attempt made by the United Nations Security Council to refer the case to the
ICC having been vetoed in 2014;

8. The ability of states within their sovereign rights to collectively hold to account
perpetrators, and the existence of relevant international conventions that support
and encourage this;

9. The rigor of international resolutions from the United Nations Security Council and
the United Nations General Assembly in the context of holding all individuals, entities
and governments accountable for the use of chemical weapons, especially United
Nations Security Council resolutions 2118, 2209, 2235, 2314, 2319 and General
Assembly resolutions 68/182 (2013), 70/41 (2015), 71/69 (2016), 72/43 (2017),
182/73 (2018), 40/74 (2019), 169/74 (2019), 228/76 (2021).

Having since the first use of chemical weapons in Syria, as groups collectively and individually, taken
the following steps:

10. Advocated towards holding all individuals or parties accountable for the use of
chemical weapons;

11. Despite the legal, administrative and psychological difficulties experienced by the
victims of chemical attacks, put intensive efforts into domestic courts using the
principle of universal jurisdiction or other local laws that support the fight against
impunity for war crimes and crimes against humanity, in countries hosting Syrian
refugees, including those who have survived chemical attacks, one of which led to the
issuance of arrest warrants for Syrian President Bashar al-Assad, his brother Maher
and two other senior officers before the French courts, which is an historical judicial
precedent that deserves praise for the efforts and courage of victims and witnesses;

12. Initiated in-depth studies and discussions on what can be done to address the
impunity gap at the international level, and advanced legal solutions that seek to
overcome this situation;

13. Drafted a proposal for the establishment of an international tribunal, with the aim of
realising criminal accountability for established cases of chemical weapons use, which
are not able to be tried by the ICC – a circumstance which applies to the Syrian case;

14. Conducted intensive consultations at the level of legal experts, government
representatives at technical and political levels, and with relevant international
institutions on this proposal to ensure supportive legal and policy grounds.

Based on the above, we come together on 30 November, the International Day of Remembrance of
all Victims of Chemical Warfare:

To call on states to establish an Exceptional Chemical Weapons Tribunal for internationally
prosecuting the use of chemical weapons where there is no recourse to existing judicial criminal
fora, as in Syria.

For details visit: www.cwtribunal.org

Public Statement: Cross-Border Humanitarian Assistance in Syria and the Syrian Regime’s Consent

Following the Security Council’s failure to renew its mandate for cross-border humanitarian assistance from Türkiye to northwest Syria, the Syrian Regime has granted consent for the UN to provide such assistance for six months. 

While phrased by the Regime as a ‘sovereign decision,’ its consent to humanitarian assistance operations in Syria was unnecessary for third-party remote programming operations in the Syrian conflict, which are not contrary to Syrian sovereignty or territorial integrity. Even if consent was needed, in the Syrian situation, it could have been given by those in territorial control of northwest Syria. 

Nonetheless, where consent is needed, the duties not to arbitrarily deny offers of principled humanitarian assistance, and to facilitate unimpeded access for aid operations, are basic obligations under international humanitarian law. Against the assumption in 2014 that its consent was needed, the Syrian Regime’s failure to honor these obligations was the reason for the initial introduction of the Security Council mandate. 

The Syrian Forum remains deeply concerned that the Regime’s consent supposedly remains contingent upon the condition not to engage with parties deemed to be ‘terrorist’ actors in northwest Syria. The Syrian Forum recalls that any restrictions on humanitarian access must comply with necessity, proportionality, legality, and non-discrimination principles. Any consent must not impose unnecessary restrictions upon the ability of humanitarian actors to engage and negotiate independently and impartially with all relevant actors needed to reach those most vulnerable in northwest Syria. 

Considering the uncertainty surrounding the future of cross-border aid in Syria, the Syrian Forum urges the international community to avoid further blackmail by enforcing its legal rights in relation to third-party humanitarian assistance operations in Syria. Additionally, the Syrian Forum calls upon UN member states to refer the entire issue concerning the necessity of a Security Council resolution to provide humanitarian aid to those in need to the International Court of Justice (ICJ) to achieve legal clarity and guidance on the obligations of states in ensuring the provision of humanitarian assistance in the absence of a Security Council mandate. This step would promote a comprehensive and principled approach to meeting the urgent needs of the affected population while addressing the legal uncertainties surrounding cross-border aid in Syria.

Syrian Forum USA
11 July 2023
Public Statement: Urgent Action Needed to Ensure Unrestricted Cross-Border
Humanitarian Aid in Syria

The Syrian Forum deeply regrets the United Nations Security Council’s failure to reauthorize
cross-border aid to Syria. We strongly condemn the recent Russian veto that obstructed the
adoption of a Security Council resolution aimed at facilitating the delivery of crucial
humanitarian assistance to areas devastated by more than 12 years of conflict and recent
earthquakes. This veto undermines the urgent need for humanitarian aid in Syria and
exacerbates the suffering of millions of vulnerable people.

Russia’s political maneuvering continues to hold the Security Council hostage, disregarding
the purely humanitarian nature of the crisis in Syria. Humanitarian aid should not be subject
to political games. Yet, the Russian Federation still prioritized politics over the lives of Syrians
who depend on aid for survival. At the same time, the Syrian Regime keeps its long-standing
pattern of using humanitarian aid as a pressure tactic against civilians in areas outside its
control. This manipulation of aid and hindering its delivery across the lines only adds to the
suffering of the Syrian people. It is evident that the Regime views humanitarian assistance as
a bargaining chip to regain international recognition rather than prioritizing the well-being and
survival of its own citizens. Despite the ongoing consent for the crossings at Bab al-Salemeh
and Al-Rai, it is crucial to acknowledge their limitations in effectively addressing the immense
humanitarian needs in northwest Syria. The assistance provided through the Bab al-Hawa
crossing by the United Nations has played a critical role in delivering substantial aid to the
affected population. However, it is a grave concern that the Syrian Regime retains the power
to arbitrarily withdraw its consent at any given time, potentially leaving millions without the
essential humanitarian support they urgently require.

Therefore, the Syrian Forum calls upon the international community to unite in depoliticizing
humanitarian aid. This requires the collective efforts of all nations to uphold the principles of
humanity and alleviate the suffering of innocent civilians affected by conflicts. Prominent legal
experts and jurists have affirmed that a Security Council mandate is not required to deliver aid
to conflict areas. These opinions were part of a comprehensive legal study sponsored by the
Syrian Forum and presented to several capitals and permanent delegations at the United
Nations. It is time to depoliticize and neutralize humanitarian aid, not just in Syria, but as a
universal principle enforced and respected by all UN member states, including the Security
Council’s permanent members. We strongly urge states to refer this matter to the International
Court of Justice (ICJ) for an advisory opinion on the necessity of a Security Council mandate
regarding humanitarian aid. It is crucial to establish a clear legal framework that ensures the
unhindered delivery of life-saving assistance to those in need, regardless of political
considerations.

The Syrian Forum reiterates the urgent need for unrestricted cross-border humanitarian aid in
Syria. We implore the international community to take immediate action to address this
pressing issue and prevent further suffering. Together, let us work towards a future where
humanitarian aid is truly depoliticized, neutral, and effectively delivered to those most need it.