Canada and the Netherlands v. Syrian Arab Republic

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Canada and the Netherlands v. Syrian Arab Republic
CourtInternational Court of Justice
Full case nameApplication of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic)
Started8 June 2023 (2023-06-08)
ClaimViolating United Nations Convention Against Torture
Court membership
Judges sitting

On June 8, 2023, the governments of Canada and The Netherlands brought a case against Syria before the International Court of Justice accusing the Syrian Government of torture and other cruel, inhuman and degrading treatment and punishment of its own population beginning at least in 2011[1][2][3] and failing to fulfill its obligations regarding the prohibition against torture violating the United Nations Convention Against Torture.[4]

The Syrian government, in response, criticized the human rights record of Canada and The Netherlands and claimed that they were financing armed terrorist organizations in Syria. And that they serve the agendas of their political American master,[5] and later claimed that their statements are disinformation and lies.[6] Syria boycotted the first hearing.[7]

The Court approved provisional measures that order Syria to take measures to prevent acts of torture and other cruel, inhuman or degrading treatment As well as preserve all evidence related to torture.[8][9]

Case Progression[edit]

On 18 September 2020, The Netherlands formally notified Syria that it was requesting negotiations pursuant to Article 30(1) of the Convention against Torture, via Note Verbale.[4][10] In response, The Syrian Government publicly denounced The Netherlands actions and put out a statement criticized the human rights record of The Netherlands and claimed that they were financing armed terrorist organizations in Syria and that they serve the agendas of their political American master.[5]

On 3 March 2021, Canada formally notified Syria of its request for negotiations pursuant to Article 30(1) via Note Verbale to the Permanent Mission of the Syrian Arab Republic to the United Nations.[4][11]

On 12 March 2021, Canada and the Netherlands announced their intention to their joint intention to file the case.[12]

Canada and the Netherlands claimed lengthy efforts over the course of more than two years, and that the dispute could not be settled through negotiation. And formally filed a case against Syria before the International Court of Justice on June 8, 2023. The case accused the Syrian Government of torture and other cruel, inhuman and degrading treatment and punishment of its own population beginning at least in 2011, and failing to fulfill its obligations regarding the prohibition against torture violating the United Nations Convention Against Torture.[4] The International, Impartial and Independent Mechanism(IIM) that was created by the United Nations to investigate crimes in Syria welcomed the case stated its readiness to support the proceedings.[13] The United States also welcomed the proceedings.[14]

The first Hearing was due to open 19 July 2023 but was reschedule to 10 October 2023.[15] The reschedule was due to the request of the Syrian Government. Canada and The Netherlands regretted the delay.[16] The Syrian Government Responded by attacking the case, calling the statements disinformation and lies. And claimed again that both countries are supporting terrorists and aggression against Syria. And that they lack legitimacy to talk on human rights. And that their history is stained with the crimes that were committed in the colonies and against their country’s indigenous population.[6]

On 10 October, the first hearing was held. Canada and The Netherlands presented their oral arguments. Syria did not participate in the Oral Proceedings[17] and its legal delegation did not attend the hearing.[7]

In their arguments, Canada and The Netherlands requested that Syria:

  • Immediately takes effective measures to cease and prevent all acts that amount to or contribute to torture and other cruel, inhuman or degrading treatment or punishment.
  • Cease arbitrary detention, and release all persons who are arbitrarily or unlawfully detained.
  • Allow access to all of its official and unofficial places of detention by independent monitoring mechanisms.
  • Take urgent measures to improve the conditions of all of its official and unofficial detention facilities.
  • Disclose the location of the burial sites of persons who died as a result of torture.
  • Safeguard any information relating to the cause of death of any detainee and shall not destroy any evidence related to the case.

On 16 November 2023,[8] the court approved two provisional measures:

  • Syria will take all measures to prevent acts of torture and other cruel, inhuman or degrading treatment.
  • Syria shall take effective measures to prevent the destruction and ensure the preservation of any evidence.

Both of them passed with 13 votes to 2. With Russian judge Gevorgian and Chinese judge Xue voting against the ruling.[8]

Canada and the Netherlands welcomed the ruling in a joint statement.[18][19] UN Syria Commission also welcomed the ruling.[20] Human rights watch called the ruling a milestone toward protecting civilians.[21]

Background[edit]

Read Human Rights violation in Syria and The Syrian civil war

External links[edit]

References[edit]

  1. ^ Mike Corder (2023-10-10). "Canada and the Netherlands take Syria to top UN court. They accuse Damascus of widespread torture". AP News. Retrieved 2023-11-12.
  2. ^ Zaken, Ministerie van Buitenlandse (2023-06-12). "The Netherlands and Canada to bring case against Syria before International Court of Justice - News item - Government.nl". Government of the Netherlands. Retrieved 2023-11-12.
  3. ^ Canada, Global Affairs (2023-06-12). "Joint statement by Canada and the Kingdom of the Netherlands on instituting proceedings at International Court of Justice to hold Syria to account for torture". Government of Canada. Retrieved 2023-11-12.
  4. ^ a b c d JOINT APPLICATION INSTITUTING PROCEEDINGS CONCERNING A DISPUTE UNDER THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT International Court of Justice (2023-06-08)
  5. ^ a b Dabin, Bushra; Eyon, Mazen (2020-09-19). "Foreign Ministry: Government of the Netherlands is the last one who has the right to talk about the Human rights". Syrian Arab News Agency. Retrieved 2023-11-12.
  6. ^ a b Othman, Nisreen; Qreima, Shaza (2023-07-26). "Foreign Ministry: Canada and the Netherlands lack any legitimacy to give lessons on human rights". Syrian Arab News Agency. Retrieved 2023-11-12.
  7. ^ a b "Syria a no-show at torture court case brought by Canada, Netherlands". CBC Canada. 10 October 2023.
  8. ^ a b c The Court indicates provisional measures International Court of Justice (2023-11-16)
  9. ^ Simons, Marlise (2023-11-17). "International Court Orders Syria to Stop Torture of Political Opponents". The New York Times. ISSN 0362-4331. Retrieved 2023-11-17.
  10. ^ "The Netherlands holds Syria responsible for gross human rights violations - News item". Government of The Netherlands. 2020-09-18. Retrieved 2023-11-12.
  11. ^ "Minister of Foreign Affairs takes action on Syria's human rights violations". Government of Canada. 2021-03-04. Retrieved 2023-11-12.
  12. ^ "Joint statement of Canada and the Kingdom of the Netherlands regarding their cooperation in holding Syria to account - Diplomatic statement - Government.nl". Government of the Netherlands. 2021-03-12. Retrieved 2023-11-12.
  13. ^ "Statement on the Dutch – Canadian Application against Syria at the ICJ". The International, Impartial and Independent Mechanism. 2023-06-15. Retrieved 2023-11-12.
  14. ^ Miller, Matthew (2023-06-14). "Welcoming Proceedings at the International Court of Justice to Hold the Syrian Regime Accountable". United States Department of State. Retrieved 2023-11-17.
  15. ^ Public hearings postponed until October 2023 International Court of Justice (2023-06-15)
  16. ^ "Joint Statement by Canada and the Kingdom of the Netherlands on the postponement of provisional measures hearings at the International Court of Justice to halt Syria's torture practices". Government of Canada. 2023-07-20. Retrieved 2023-11-12.
  17. ^ Conclusion of the public hearing held on Tuesday 10 October 2023 International Court of Justice (2023-10-10)
  18. ^ "Joint Statement by Canada and the Kingdom of the Netherlands welcoming the provisional measures ordered by the International Court of Justice for Syria to immediately cease torture and other ill-treatment". Government of Canada. 2023-11-16. Retrieved 2023-11-17.
  19. ^ "Joint Statement by Canada and the Kingdom of the Netherlands welcoming the provisional measures ordered by the International Court of Justice for Syria to immediately cease torture and other ill-treatment - Diplomatic statement - Government.nl". Government of the Netherlands. 2023-11-16. Retrieved 2023-11-17.
  20. ^ "UN Syria Commission welcomes landmark ICJ order to Syria to prevent torture and destruction of evidence". United Nations Human Rights Office of High Comissioner. 2023-11-16. Retrieved 2023-11-16.
  21. ^ "World Court Rules Against Syria in Torture Case". Human Rights Watch. 2023-11-16. Retrieved 2023-11-17.
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