Transitional Justice in Syria: Prosecuting Bashar al‐Assad and Senior Leaders

Abstract In spring 2026, trials began in Syria and Europe against senior figures of the Assad regime accused of torture, murder, and war crimes, and the new government in Damascus charged former President Bashar al‐Assad and other former officials in absentia. Questions regarding the most appropriate mechanisms for accountability have therefore assumed renewed urgency. This study explores the legal and institutional pathways for achieving justice for grave international crimes committed during Syria's 14‐year civil conflict. It critically evaluates the effectiveness, feasibility, and legitimacy of accountability mechanisms, including domestic prosecutions, the International Criminal Court, universal jurisdiction, the International Court of Justice, and truth commissions. Drawing on comparative cases in Iraq, South Africa, and similar post‐conflict environments, the article proposes a dual‐track approach: establishing a hybrid tribunal to prosecute senior perpetrators and simultaneously forming a truth and reconciliation commission to support national healing and societal reconstruction. The study concludes that a hybrid tribunal combined with a truth commission, despite their limitations, offers the most balanced and context‐sensitive path toward justice and democratic transition in post‐conflict Syria.