INTRODUCTION:

The Syrian Civil War, which began in 2011, stands as one of the most catastrophic conflicts of the 21st century, resulting in massive loss of life, widespread displacement, and a humanitarian crisis. The war has drawn in various international actors, thus increasing the complexity of the crisis and complicating the dynamics of conflict resolution and humanitarian intervention. Amidst this turmoil, the United Nations (UN) has played a central role, attempting to mediate peace talks, provide humanitarian aid, and uphold international law. Yet, the UN’s effectiveness in addressing the Syrian crisis has sparked considerable debate among scholars, policymakers, and humanitarian organizations. This research article aims to analyse the role of the United Nations in the Syrian Civil War, exploring its strategies, challenges, and the broader implications of its actions on the ground.

RELEVANCE:

This research on understanding the United Nations’ role in the Syrian Civil War is crucial for comprehending the complexities of international intervention in conflicts. By examining the UN’s strategies and the challenges it faces, this research provides important insights that can inform future peacekeeping and humanitarian initiatives in similar crises like the Ukrainian-Russian War. Additionally, it contributes to the broader discourse on the efficacy of diplomacy and mediation in resolving conflicts, especially as global governance contends with mounting pressures from national interests and geopolitical rivalries.

RESEARCH OBJECTIVE:

This paper evaluates the challenges faced by UN in facilitating the political resolution in Syria particularly, examining the influence of external powers, the fragmentation of conflicting parties and the implications of the constitutional committee’s stalled progress in the peace process. It specifically focuses on UN’s lack of enforcement mechanisms, the political deadlock within the United Nation Security Council (UNSC), and the challenges in ensuring the accountability for war crimes.

THE ACCOUNTABILITY OF THE UNITED NATIONS IN ADDRESSING HUMAN RIGHTS VIOLATIONS DURING THE SYRIAN CIVIL WAR

Major Human Rights Violations in the Syrian Civil War:

The Syrian civil war has resulted in significant human rights violations and a substantial loss of life. According to the United Nations Human Rights Office, at least 306,887 civilians were killed between March 2011 and March 2021, representing about 1.5% of Syria’s pre-war population. Estimates of the total number of deaths, including combatants and non-civilians, vary. The Syrian Observatory for Human Rights reported approximately 617,910 deaths from March 2011 to March 2024.

Widespread human rights abuses have marked the conflict. All parties involved have conducted unlawful attacks on civilians and civilian infrastructure, resulting in numerous deaths and injuries. The Syrian government, in particular, has been implicated in mass killings, torture, and the use of chemical weapons against civilian populations. The war has also led to a massive displacement crisis, with millions of Syrians forced to flee their homes, seeking refuge both within and outside the country.

Analysis of the UN’s Accountability on War Crimes:
For over 13 years, the government of Syria, its allies, and armed opposition groups have perpetrated countless attacks on civilians and civilian infrastructure, violating international law. Government forces have committed murder, torture, and sexual violence as a matter of state policy. All parties to the conflict continue to commit acts that may amount to war crimes and crimes against humanity, and repeated violations of ceasefires heighten the risk of recurrence of large-scale conflict. It remains unsafe for Syrians to return to their country.

As various armed groups attempt to consolidate their control over territory in a fragmented Syria, civilians are facing indiscriminate hostilities and systematic human rights violations in Syria. Detention and disappearance are used by the government and other parties as a strategy to control and intimidate civilians, confirming ongoing patterns of crimes against humanity and war crimes. Despite the ICJ provisional measures order, the Syrian government continues to perpetrate enforced disappearance, torture, and ill-treatment against detainees and deliberately obstruct families’ efforts to learn the fate and whereabouts of their loved ones.

The grave situation across Syria is partly a consequence of the UN Security Council’s (UNSC) inability to hold perpetrators accountable. Since 2013, the UNSC has passed dozens of resolutions on the situation in Syria; however, none have been fully implemented, and the Syrian government has directly violated many of them. Russia and China have jointly vetoed ten draft resolutions, and Russia has independently vetoed an additional eight, shielding Syria from international accountability.

To close the accountability gap, on 21 December 2016, the UNGA established an International, Impartial, and Independent Mechanism to assist in the investigation and prosecution of perpetrators of atrocities in Syria. Several countries have initiated proceedings or convicted suspected Syrian perpetrators under universal jurisdiction. In June 2023, Canada and the Netherlands jointly initiated proceedings against Syria before the International Court of Justice (ICJ) concerning alleged violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On 16 November 2023, the ICJ issued provisional measures calling on the government of Syria to prevent acts of torture and other cruel, inhuman, or degrading treatment or punishment, and ensure its officials do not commit any acts of torture while preserving relevant evidence. [Un report by global center]

United Nations Mediation in Syria:

The UN mediation efforts are generally guided by preventive diplomacy, impartiality, and consensus-building among conflicting parties. Mediation efforts are complicated in situations like civil war; it becomes more challenging due to the fragmented nature of the parties involved (Becovitch and Jackson, “Conflict Resolution in Civil Wars”).

The Geneva Process:
The earliest attempt of the UN was the Geneva Process in 2012. The cornerstone of the initial mediation was the Geneva Communiqué, which was adopted at an international conference by Kofi Annan. This communiqué outlined a six-point plan for peace, which included measures aimed at de-escalating violence and paving the way for a political transition. The plan, introduced by then-UN-Arab League Special Envoy Kofi Annan in 2012, emphasized the following key points:

1. Commitment to a Syrian-led political process: Syrian government and the opposition were urged by the United Nations to engage in an inclusive dialogue to resolve the conflict peacefully.
2. Cessation of violence: All parties were called to end hostilities immediately, with a focus on protecting humanitarian crisis.
3. Access for humanitarian aid: Unhindered access for humanitarian aid for the affected civilians was demanded.
4. Release of detainees: Arbitrarily detained individuals especially those involved in peaceful protests, were demanded to be released.
5. Freedom of movement for journalists: It also assured that the condition of syria to be reported by the press freely.
6. Freedom of assembly: Recognition of Syrians’ right to peaceful demonstration without fear of imprisonment or violence.

However, it failed due to the lack of consensus between the Syrian government and opposition factions. According to Hinnebusch (2020), the Geneva Process suffered as the United Nations did not have leverage over the Assad regime, as it was militarily backed by Iranian and Russian support. A study by Siyan Chen and Zhengrui Guo highlighted how the interests of powerful member states can affect the UN’s mediation efforts, potentially undermining its impartiality and effectiveness in conflict resolution.

United Nations Security Council Resolution 2254:
Resolution 2254, adopted in 2015, outlined a roadmap for peace, emphasizing an immediate ceasefire, constitutional reforms, and fair elections. This resolution achieved significant diplomatic mediation, but the implementation was affected by geopolitical rivalries. “Resolution 2254 lacked enforceability, as major powers prioritized their strategic interests over collective action” (Zartman, 2019). The failure of this resolution highlights the limitations of UN diplomacy in conflicts that are influenced by regional and global powers. The roadmap it provided failed because of the lack of political will and enforcement mechanisms.

The Constitutional Committee:
In 2019, under the guidance of UN Special Envoy Geir Pedersen, the Constitutional Committee was established to draft a new constitution for Syria. Despite initial optimism, progress has been slow, with meetings often ending in deadlock. Barnett (2021) observes, “The committee has become a microcosm of the broader Syrian conflict, reflecting deep-seated mistrust and competing visions for the country’s future.

United Nations failure in Syria

The Syrian Civil War, which erupted in 2011, has grown into a complex and devastating conflict that has claimed hundreds of thousands of lives and displaced millions. The United Nations (UN), as the foremost international organization for conflict resolution, has attempted to mediate and address the humanitarian crisis in Syria. However, despite its efforts, the UN has faced significant limitations and challenges that have hindered its ability to provide effective solutions.

One of the major issues lies in the political deadlock within the United Nations Security Council (UNSC). The power of veto held by permanent members has often paralyzed decision-making in Syria. Russia and China, for instance, have consistently blocked resolutions aimed at imposing sanctions on the Assad regime or referring war crimes to the International Criminal Court (ICC). These vetoes, driven by geopolitical interests, have stalled progress and allowed the conflict to escalate unchecked. The recurring inability of the UNSC to act decisively has exposed the limitations of the UN’s reliance on consensus among major powers. (Reference: JSTOR)

Another significant limitation is the UN’s lack of enforcement mechanisms. While numerous resolutions have been passed, including those calling for ceasefires and humanitarian aid corridors, they remain largely unenforced. The UN has no standing military force and relies on member states to implement its mandates, which often results in selective or half-hearted action. This structural weakness has undermined the credibility of the UN’s efforts to ensure compliance with international law. (Reference: Taylor and Francis Online )

The complexity of the conflict itself has also posed a formidable challenge. The Syrian Civil War involves not just the Assad regime and opposition forces but also extremist groups like ISIS and external powers such as the U.S., Russia, and Iran. This intricate web of actors with competing interests has made peace negotiations extraordinarily difficult. For instance, the Geneva peace talks, supported by the United Nations, failed to produce meaningful results due to the lack of consensus among stakeholders and the fragmented nature of the Syrian opposition (Reference: Google Books).

Humanitarian access has been another persistent challenge. The United Nations has struggled to deliver aid to besieged areas due to blockades and attacks on aid convoys. The destruction of infrastructure, coupled with ongoing violence, has left millions of civilians without necessities. Despite numerous appeals, humanitarian workers have often faced security risks, further complicating relief efforts. The targeting of hospitals and healthcare facilities has only worsened the situation, with millions in desperate need of assistance (Reference: JSTOR).

Finally, the United Nations’ efforts to ensure accountability for war crimes have faced significant roadblocks. Although mechanisms like the International, Impartial, and Independent Mechanism (IIIM) have been established, the lack of cooperation from the Syrian government and the UNSC’s inability to refer cases to the ICC have perpetuated a culture of impunity. The absence of justice for victims remains a glaring failure in the international response to the Syrian crisis (Reference: Taylor and Francis Online ).

CONCLUSION:

The United Nation’s efforts to mediate the Syrian Civil War and address the accompanying human rights violations have been significantly hampered by a multitude of challenges, including geopolitical rivalries, fragmented actors, and a lack of enforceability in its resolutions. Despite initial attempts such as the Geneva Process and the establishment of the Constitutional Committee, the UN has struggled to achieve meaningful progress due to the absence of consensus among conflicting parties and the influence of powerful member states, particularly Russia and China, which have consistently vetoed resolutions aimed at holding the Assad regime accountable. The humanitarian crisis has further complicated the situation, as the UN’s dual role as a mediator and humanitarian actor has led to ethical dilemmas and difficulties in delivering aid to those in need. Moreover, the UN Security Council’s paralysis in decision-making has exposed the limitations of multilateralism in the absence of cooperation among major powers, resulting in a culture of impunity for perpetrators of war crimes. While initiatives like the international, Impartial, and Independent Mechanism have been established to investigate atrocities, the lack of enforcement mechanisms and the ongoing violence in Syria continues to undermine the UN’s credibility and effectiveness. Ultimately, the Syrian conflict serves as a stark reminder of the challenges faced by international institutions in navigating complex crises, highlighting the urgent need for a re-evaluation of strategies to ensure accountability and protect human rights in conflict zones.

Article prepared by

Aarya Kale, Prachi Gandas, Siddhavi Arsekar and Vaibhav Puri