In the wake of the Syrian regime’s collapse, Mazen Darwish has emerged as a pivotal leader in the nation’s quest for accountability. As the head of the Syrian Center for Media and Freedom of Expression, Darwish has dedicated over a decade to documenting human rights abuses and advocating for the victims. Now, as the country works to reconstruct its legal and social foundations, he is steering through a transition marked by both significant hurdles and new possibilities.
The Status of Transitional Justice
Darwish offers a candid critique of the current state of affairs, noting that a comprehensive national strategy for transitional justice is still missing in Syria. “This plan should have been drafted the moment the National Dialogue failed to form a committee to prepare it,” he says. He views recent judicial actions—such as the coastal trials, various arrests, and the questioning of figures like Atef Najib—as disjointed reactions rather than parts of a unified government policy. Even these specific legal proceedings, he argues, must be woven into a larger framework. “The events on the coast are part of the wider context of the conflict,” he emphasizes.
While a national plan is absent, Darwish and his organization remain active on the global stage. He highlights that they have collaborated with international bodies to pursue high-level fugitives, resulting in “more than twenty international arrest warrants issued by the French judiciary.” This effort involves a specialized unit comprising the French war crimes police, the public prosecutor, and investigative judges. Inquiries have also been directed toward the Gulf and Lebanon to locate other suspects. Darwish maintains that while accountability should ideally be handled within Syria, the complexity of cases necessitates “universal jurisdiction courts in France, Germany, the Netherlands, and Sweden,” alongside cooperation with the International Criminal Court when required.
Structural Challenges and Legislative Needs
Regarding the Transitional Justice Committee, Darwish suggests it suffered from a lack of strategic foresight from its inception. He clarifies that the members themselves are not to blame, as their capacity for action is limited. He stresses the urgency of a Transitional Justice Law to fill the current legislative void created by the constitutional declaration. He points out that hundreds of laws need revision, noting that the criminal code presently lacks provisions for war crimes or crimes against humanity. “The root of the problem began with the National Dialogue and continued through the constitutional declaration,” he observes, adding that the committee is under heavy pressure to produce a law despite these inherited obstacles.
He further cautions that building robust legal systems, training programs, and courts typically requires around 2 years. He notes that the immediate promises following the regime’s fall—such as massive pay hikes, constant electricity, and universal trials and compensation—were unrealistic. “These promises were not helpful,” he reflects.
Asset Recovery and Financial Justice
A major success mentioned is the reclamation of assets belonging to Rifaat al-Assad. The French government is currently preparing to return 32,000,000 euros to the Syrian government, with more expected. “We worked on this file for many years, and we are pleased to see tangible results,” Darwish states. Confiscations are anticipated to surpass 80,000,000 euros as more properties are seized in France. Protocols have been signed, requiring the Syrian government to define spending priorities—ideally for victim compensation and searching for the missing—before the funds are transferred. “To our knowledge, France has not imposed conditions,” he adds.
Personal Stakes and Ongoing Litigation
For Darwish, this mission is deeply personal. “Before anything else, I am a Syrian citizen and one of the victims,” he shares, referencing the arrests and disappearances suffered by him and his family, including his parents. His work continues with a new lawsuit in Denmark against a firm that provided fuel to Russian military aircraft between 2015 and 2017, seeking damages for the state and the victims.
He also remains focused on Rifaat al-Assad’s assets in Britain, Spain, and elsewhere. He cites the 2023 arrest warrant for Bashar al-Assad, issued while he was still in power, as proof of what persistence can achieve. “One of the lessons of recent years is that no path is closed to victims determined to claim their rights,” he says.
Addressing Coastal Violations
The judicial response to the killings on the coast, a particularly traumatic chapter of the war, is another focal point. While Darwish praises the “moral courage” of acknowledging these crimes, he notes that the official committee’s report differed from his Center’s findings by omitting names linked to the previous government and using different classifications for the killings. Despite this, he sees the documentation and naming of suspects as progress. However, he remains concerned about procedural issues, such as the use of military investigators for trials held before civilian criminal judges and a lack of legal representation for defendants during investigations. “Legal and procedural soundness must be accompanied by transparency and communication with the public,” he concludes.
Corruption and Institutional Reform
Corruption and the recovery of assets remain pillars of his work. Inside the country, the Center provides support to the Ministry of Justice, the Missing Persons Committee, and the Transitional Justice Committee. With the previous regime gone, Darwish believes institutional roles must be completely redefined to ensure a fair future.
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