Not so long ago, the Arab League countries demanded that Syrian leader Bashar al-Assad be held accountable for his regime's chemical weapons attacks.. However, today these words look empty, since in May Assad was warmly welcomed back into the Arab League, writes the Atlantic Council..

This latest step in normalizing relations with Assad was met with protests in northern Syria and disgust and anger among Syrians who fled the country from the crimes of the Assad regime.. Many are left wondering if Assad and his regime will ever face trial..

There are a number of tools for holding him accountable, and some of the ways can be expanded..

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Courts of Universal Jurisdiction.

One of the few tools currently being applied to Syria is universal jurisdiction, which allows national courts to try atrocities committed outside their borders on the basis that the crime is so serious that it threatens the entire international community.. Many countries only allow cases to be heard if the suspect is within their borders, so the number of Syrian cases has been limited.. Many of these cases dealt with allegations of terrorism, with only a few of them targeting specific perpetrators linked to the Assad regime..

As the situation returns to normal, Assad and his regime’s top leadership may increasingly travel outside of Syria and the region. Any country that wants to support Syrian demands for accountability must ensure that it has the laws and resources in place to arrest, investigate and prosecute any suspected war criminal who enters its territory..

Most criminals are likely to avoid travel to countries in Western Europe that oppose normalization of relations with Assad and are known for bringing cases under universal jurisdiction - such as Germany and France. However, laws on universal jurisdiction also extend beyond Western Europe - to Eastern Europe, Asia, South America, Africa, and even some countries in the Middle East.. While most of these countries have rarely or even never used their universal jurisdiction laws, concerted civil society advocacy in Syria and the country concerned, combined with the support or resources of countries with strong universal jurisdiction cases, can help make a difference..

If perpetrators end up in countries that cannot try them under universal jurisdiction, countries can also follow the example of Belgium seeking to prosecute former Chadian dictator Hissein Habre for war crimes, crimes against humanity and torture. This may include the issuance of arrest warrants under universal jurisdiction laws, subsequent extradition requests if perpetrators are found, and filing cases before the International Court of Justice or other international tribunals to eventually secure a trial..

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Lawsuits against senior management in national courts.

Although trials under universal jurisdiction usually require the presence of the offender, some civil law countries allow some trials in absentia if there are sufficient safeguards to protect the rights of the accused to a fair trial.. For example, trials in absentia can be held in France if the victim is a citizen of that country.. French authorities are using these laws to try the three architects of the Assad regime's detention and torture apparatus - Ali Mamluk, Jamil Hassan and Abdel Salam Mahmoud - for their alleged roles in the arbitrary detention, torture and murder of a father and son who had dual citizenship of France and Syria. This trial will not result in jail time for the defendants if they are found guilty, at least for the time being.. However, it will serve as a powerful element for Syrian victims and lawyers to present evidence against those responsible for designing and ordering atrocities in Syria..

To help close the justice gap for Syria, countries with the right to hold trials in absentia should explore options and fill strategic gaps in the accountability space in Syria.. For example, this may include cases against high-profile criminals who may be less likely to travel to countries with universal jurisdiction but whose cases may be of great symbolic value to victims..

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Expansion of Trials under Universal Jurisdiction for Ukraine.

While universal jurisdiction processes are slow in Syria, many countries are seeking to initiate universal jurisdiction cases for Ukraine. Last year, Germany, Canada and other countries launched structural investigations to start creating universal jurisdiction cases against Russian criminals.. These countries should actively investigate links between the conflicts in Ukraine and Syria to ensure that any future lawsuits related to Ukraine also include relevant links to Syria.. For example, a Russian commander responsible for atrocities in Ukraine may have committed the same crimes in Syria.. Officials responsible for using Iranian drones to facilitate atrocities in Ukraine may have been doing the same in Syria. Or Syrian soldiers recruited in Ukraine could have committed crimes in Syria.

If the detained criminal is suspected of committing crimes both in Ukraine and in Syria, then both elements of crimes should be considered in the framework of the trial under universal jurisdiction.

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Ensuring reparations for Syrian victims.

One of the elements of justice, in addition to litigation that establishes legal responsibility for crimes, is reparation for victims, helping them to recover and rebuild their lives.. After Russia's full-scale invasion of Ukraine last year, countries are eager to explore legal options to seize Russian assets and use the proceeds to secure reparations and rebuild Ukraine.. The Council of Europe has created a damage register for Ukraine as a first step towards securing compensation for Ukrainian victims. If countries are unwilling to support selective justice, they should explore the possibility of using these legal instruments to ensure that Syrian victims are also compensated for the damage they have suffered..

Syria's normalization will provide those associated with the Assad regime with ever-greater access to global financial markets.. These criminals may try to purchase property abroad or place their money in foreign banks.. This, in turn, will increase the legal scope for seizing assets and redirecting them as reparations for Syrian victims..

Countries can also fund reparations for Syrian victims using existing funds generated from violations in Syria - such as the $778 million judgment against French industrial company Lafarge for violations in Syria, or the proceeds of sanctions violations, or the assets of Bashar al-Assad's uncle Rifaat.

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Cases before the International Criminal Court.

The International Criminal Court (ICC) does not investigate crimes committed in Syria because Syria is not a member state of the ICC and because Russia and China have vetoed the transfer of the case to the ICC by the UN Security Council. However, Syria is not completely out of the jurisdiction of the ICC.. Using the precedent set for Myanmar in 2019, ICC Prosecutor Karim Khan may launch an investigation into crimes committed in Syria that led to forced deportation to Jordan, ICC member state.

The ICC is a particularly important accountability mechanism that needs to be activated for Syria. The ICC investigation will send a signal to Assad as the court can issue arrest warrants and try incumbent heads of state. National courts do not have such powers under international law. Thus, while Assad is in power, the ICC is practically the only way to achieve his arrest and subsequent trial.. And the modern era of accountability has a relatively high success rate in ensuring that heads of state or major military forces against whom arrest warrants have been issued or charges filed against are held accountable..

Khan repeatedly received requests to launch an investigation into Syria, but so far has not done so. The referral of the Syrian case by one of the ICC member states would significantly increase the likelihood of an investigation. Last year, dozens of countries motivated the referral of Ukraine's case to the ICC and should consider doing the same for Syria..

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Cases before the International Court of Justice.

The International Court of Justice (ICJ) can also hold the Syrian leadership accountable by considering a case against a state (unlike the ICC which hears cases against individual perpetrators). The Netherlands and Canada are preparing to initiate the first case in the ICJ against Syria for violation of the Convention against Torture.

Countries can also initiate other cases against Syria in the ICJ, for example, for violating the Chemical Weapons Convention. Since Syria joined the convention in September 2013 - a month after a sarin gas attack near Damascus that reportedly killed 1,300 people - the Assad regime has been accused of hundreds of chemical weapons attacks..

Any state party to the Chemical Weapons Convention that wishes to support accountability can bring a case against Syria to the International Court of Justice.

The normalization of countries' relations with the leadership of Syria occurs because the states have failed to use existing tools to hold Assad and his regime to account.. But these tools are still available, and some possibilities for their use may be expanding.. Justice for the horrors experienced by millions of Syrians is long overdue and requires more concerted efforts by nations.