On May 17, Syria’s transitional authorities announced presidential decrees establishing two new government bodies: the Transitional Justice Commission and the National Commission for the Missing. These could mark a turning point in uncovering and providing accountability for Syria’s legacy of atrocities. However, the Transitional Justice Commission’s mandate, as laid out in the decree, is troublingly narrow and excludes many victims.
Syria’s March Constitutional Declaration, which is meant to govern the country’s transitional period, promised a commission “with effective, consultative, and victim-centered mechanisms to determine accountability, the right to truth, and redress for victims and survivors.” But the May 17 decree limits its focus to crimes committed by the Assad government, excluding victims of abuses by non-state actors. It also provides no clarity on how, or whether, victims will be meaningfully included in shaping or participating in the commission’s work.
The creation of the National Commission for the Missing has been met with cautious optimism, but its success—like the Transitional Justice Commission’s—will depend on transparency, a rights-based framework, and genuine victim participation. Without these, even this critical effort risks falling short of the justified expectations of Syrians.
Recent atrocities and rising sectarian rhetoric underscore the urgent need for an inclusive transitional justice process—one for all Syrians, not just some. The Syrian government now stands at a crossroads: it can either embrace a genuinely victim-centered process that acknowledges the rights of all survivors, or perpetuate exclusion and deepen divisions.
The direction to take is clear. Syrian activists, lawyers, and survivors have led the fight for justice for many years. They have documented violations, supported families searching for loved ones, and engaged with international justice mechanisms. Their participation is essential, not optional.
Syria’s authorities should build on successful examples of collaboration between UN mechanisms and victims’ groups—such as the UN Independent Institution on Missing Persons in Syria—and ensure that survivors and affected communities play a central role in shaping the design, objectives, and implementation of the transitional justice process.
Syria’s international partners should make clear that support for these efforts will hinge on a truly transparent, inclusive, and victim-led approach. The opportunity for meaningful justice is tangible—but it will be lost if the process excludes or sidelines certain victims.
