By: Dr. Adnan Bozan

Amid the rapidly evolving developments in Syria and the shifting balance of power, credible reports indicate the direct targeting of the Alawite community in the Syrian coastal region by the new Damascus government, led by Ahmad Al-Sharaa (known as Abu Mohammad Al-Jolani). This targeting, carried out under the pretext of "pursuing the remnants of the defunct Ba'athist regime," involves grave human rights violations that, under international legal standards, constitute serious crimes classified as genocide and war crimes, as stipulated by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, as well as the 1949 Geneva Conventions and their Additional Protocols.

These violations include systematic killings of children, women, and the elderly, in addition to forced displacement of the population, amounting to crimes against humanity under the Rome Statute of the International Criminal Court (ICC). In light of these developments, the international community—especially the United Nations Security Council—bears a legal and moral responsibility to take urgent measures, including intervention under Chapter VII of the UN Charter, to protect civilians and prevent the worsening humanitarian crisis. Customary international law principles also impose an obligation on all states to ensure accountability for such crimes and to prevent impunity for the perpetrators.

Failure to take immediate action to halt these violations may lead to an escalating humanitarian catastrophe, necessitating concerted international efforts to safeguard civilians and reactivate international justice mechanisms to ensure accountability and prosecution.

Legal Framework

1. Applicability of International Humanitarian Law and International Human Rights Law

According to the 1948 Genocide Convention, any systematic targeting of an ethnic, religious, or sectarian group with the intent to exterminate constitutes an international crime warranting punishment.

• Article 3 of the Geneva Conventions prohibits inhumane treatment, murder, and torture against any non-combatant group.

• Article 7 of the Rome Statute classifies mass killings and systematic persecution as crimes against humanity.

2. Security Council Responsibility Under Chapter VII of the UN Charter

• Article 39 of Chapter VII grants the Security Council the authority to determine the existence of threats to international peace and security and to take necessary measures.

• Article 42 empowers the Security Council to use military force to protect civilians if diplomatic or economic sanctions fail.

• The Responsibility to Protect (R2P) doctrine obliges the international community to intervene when a state fails to protect its citizens from genocide.

Demands and Proposals

• Referring the crimes to the ICC under Article 13 of the Rome Statute and ensuring accountability for all perpetrators.

• Establishing an independent international investigation committee under UN supervision to document crimes against the Alawite community and submit an official report to the Security Council.

• Imposing a safe zone in the Syrian coastal region under international peacekeeping forces to protect unarmed civilians and prevent further crimes.

• Activating Chapter VII of the UN Charter and implementing decisive measures against the new government in Damascus.

• Restructuring the Syrian state under a federal system that guarantees the rights of all sects and ethnic groups, preventing future instances of genocide and marginalization.

Conclusion

International inaction in the face of past crimes in Syria has contributed to their recurrence, making swift action both a moral and legal imperative. Protecting defenseless civilians and preventing genocide is a collective responsibility requiring a decisive response from the United Nations and the international community. Such measures will ensure security and stability in the region and prevent the resurgence of sectarian conflicts.

March 10, 2025

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