# Syria Faces Legal Hurdles in Chemical Weapons Prosecution Attributing attacks to military units does not automatically establish individual criminal responsibility for suspects. - **Source:** [Just Security](https://www.justsecurity.org) - **Published:** 2026-11-10 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/bcb85722-46b0-4fa4-9c0c-46c1d78e60cd ## New Accountability Efforts Syrian authorities are currently pursuing the first domestic trials for individuals accused of using chemical weapons. As of September 2026, the government has detained 18 people, including senior officers and former employees of the Syrian Scientific Studies and Research Center. These detainees face specific allegations regarding sarin attacks and logistical coordination. ## The Attribution Gap While international bodies like the OPCW have attributed specific attacks to military entities, these findings do not equate to criminal guilt. The OPCW’s Investigation and Identification Team operates on a reasonable grounds standard, which is insufficient for criminal convictions. Proving individual liability requires evidence linking specific persons to distinct criminal acts. ## Challenges in Kafr Zita The 2016 Kafr Zita chlorine attack was linked to a helicopter from the Syrian Arab Air Force. However, identifying the specific pilot or commander responsible remains a complex legal task. Prosecutors must establish individual assignments, flight logs, and specific knowledge of the payload to meet the high threshold required for conviction. ## The Ghouta Prosecution Hurdle The 2013 Ghouta sarin attack remains the most notorious incident, yet it falls outside the mandate of the OPCW’s identification teams. No international body has formally attributed this attack to specific individuals. Consequently, Syrian prosecutors must build a case from scratch without the benefit of prior international investigative findings or reports. ## Limitations of Documentation Civil society groups like the Syrian Network for Human Rights have documented 222 chemical attacks since 2012. While these records provide essential patterns of violence and victim lists, they were not designed to meet the rigorous standards of criminal law. They serve as historical documentation rather than direct evidence for individual trials. ## Legal Framework Requirements A credible prosecution requires five elements, including a law in force at the time of the act and a valid mode of individual liability. Syria currently faces a gap between its increased access to evidence and the development of a robust domestic criminal framework capable of handling these complex international crimes. ## Treaty Obligations Status Syria acceded to the 1925 Geneva Protocol, but the Chemical Weapons Convention only entered into force for the country in October 2013. Because this was after the Ghouta attack, the treaty cannot serve as the primary legal basis for those specific charges. Authorities must navigate these temporal limits carefully during proceedings. ## Ordinary vs International Crimes Prosecutors must choose between charging suspects with ordinary crimes like murder or pursuing international crimes like crimes against humanity. The latter requires an independent legal basis. A major issue arises if courts apply international labels to acts without having the domestic legislation that formally defines or codifies those specific international offenses. ## The Atef Najib Verdict The August 2026 conviction of Atef Najib highlights these legal complexities. The court used the Rome Statute definition of crimes against humanity despite Syria not being a party to it. Furthermore, the Syrian Penal Code lacks specific definitions for war crimes, complicating the legal basis for these high-profile judicial decisions. ## Command Responsibility Issues The Syrian Penal Code does not currently codify command responsibility as a mode of liability. In the Najib case, the court attempted to address this by citing the defendants' roles as principals. However, the lack of clear, codified domestic law regarding command structures creates significant risks for the validity of future verdicts. ## International Cooperation Needs Successful trials will likely require international cooperation to verify evidence and ensure fair proceedings. The OPCW has begun sharing documents from the Scientific Studies and Research Center with the UN’s IIIM. This collaboration is vital for bridging the gap between raw evidence and the formal requirements of a criminal trial. ## Future Judicial Prospects The path to justice in Syria depends on whether the state can align its domestic legal framework with international standards. While the detention of suspects marks a shift, the transition from political accusation to credible judicial conviction remains uncertain. The integrity of these trials will be measured by their adherence to law. ## Sources covering this story - https://www.justsecurity.org/160365/syria-trials-chemical-weapons-use/?utm_source=rss&utm_medium=rss&utm_campaign=syria-trials-chemical-weapons-use — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._