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A court in Damascus has issued the first death sentences against former Syrian President Bashar al-Assad and his brother Maher al-Assad, as well as Atef Naguib, in connection with the suppression of protests in Daraa in 2011 and widespread violations. The verdicts against Assad and his brother were handed down in absentia and come within the context of trials aimed at holding accountable those responsible for crimes against humanity, focusing on individual accountability and identifying the responsibility of leaders on a case-by-case basis. Despite the significance of these historic rulings, legal issues regarding their implementation remain, especially given the absence of guarantees for a fair trial and the reliance on a legal framework that is not comprehensive for prosecuting international crimes. This raises questions about the possibilities of executing these sentences and the prospects for international judicial cooperation. These rulings serve as a test of the Syrian judiciary’s ability to deliver comprehensive transitional justice that ensures accountability for all perpetrators of violations and paves the way for a fair and independent judicial reform process.
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