Thesis Chapters by Anny Svinti
The National University of Ireland, Maynooth, 2020
Recent studies show that there is a growth in the exercise of the principle of universal jurisdic... more Recent studies show that there is a growth in the exercise of the principle of universal jurisdiction as a basis of securing accountability. Though its origin is criticised and its effectiveness doubted, European and non-European countries are incrementally exploring the depths of the concept. Some refer to the principle as an enforcement ‘gap-filling’ approach and others categorize it as a ‘fall-back mechanism’. Although these terms seem an accurate representation of the nature of the doctrine, they may serve to dramatically underestimate its potential of achieving exactly that which is needed in a time of desperation and hopelessness. Therefore, this thesis applied this approach in the context of the Syrian Civil War. As is well documented, the Syrian Armed Conflict has resulted in the commission of war crimes and crimes against humanity perpetrated by the government forces and rebel groups throughout the country. Moreover, the crimes are occurring in an accountability vacuum. The lack of jurisdiction of the International Criminal Court (ICC) in respect of the crimes committed and the vetoes of the permanent members of the United Nations Security Council (UNSC) to pass a resolution affording such jurisdictional competence to the ICC is a representation of this. Options are further exhausted upon reflecting on the inability to create a bespoke tribunal to deal specifically with the Syrian conflict due to the lack of agreement by the UNSC. The failure to prosecute on Syrian territory due to the Turkish invasion, and as a result of considerable logistical and financial difficulties caused by the war and the breakdown in the rule of law contributes to debilitating the possibility of accountability. Moreover, the incapacity of obtaining prosecutions through the United National General Assembly (UNGA) due to lack of cooperation by the Syrian government, and the inability to achieve justice by means of a Truth and Reconciliation Commission or by a peace agreement afforded by Amnesty leaves the option of exercising universal jurisdiction as the only viable opportunity of obtaining justice. Countries including; Sweden, France, the USA, Germany, Austria, Spain, and Switzerland have initiated investigations and prosecutions in respect of the crimes committed within Syria.
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Thesis Chapters by Anny Svinti