Legal experts confirmed to the Syrian Arab News Agency (SANA) that serious crimes committed during the era of the fallen regime, such as war crimes, crimes against humanity, torture, and enforced disappearance, do not expire. The experts clarified that the legal answer requires distinguishing between the statute of limitations for the public right of action and the statute of limitations for punishment, while determining the legal characterization of the crime and whether it falls under serious international crimes on which international law has agreed do not expire with the passage of time.
In the same context, legal expert Ahmed Qarbi stated that the general rule in Syrian law is that the statute of limitations for felonies begins from the date of commission for ten years, while the statute of limitations for punishment reaches 20 years, except for the death penalty, which extends to 30 years. However, this general rule does not apply to crimes excepted by special provisions or those subject to international law rules, opening the door to exceptions related to the nature of the crimes committed.
For his part, expert Abdul Rahman Al-Abdallah clarified that Syrian law does not broadly distinguish between ordinary criminal crimes and more serious crimes regarding limitation rules, making the general principle that a crime is subject to limitation if the public prosecution is not initiated within the legal period. He pointed out that this principle may face exceptions related to the existence of a legal, security, or force majeure obstacle that prevented the victim from filing a complaint or initiating the lawsuit.
Expert Tariq Haj Bakri pointed out that Syrian law determined limitation periods according to the type of crime, but included exceptions related to crimes committed against state security. He noted that a large part of the crimes committed during the era of the fallen regime can fall within this framework, in addition to the possibility of relying on international law rules regarding crimes that constitute war crimes or crimes against humanity.
The experts added that the matter cannot be resolved merely by the passage of time, but starts from the legal characterization of the act. If the incident is an ordinary criminal offense, it is subject to the limitation provisions stipulated in Syrian law. However, if it is proven to constitute a war crime, a crime against humanity, or a crime of genocide, different rules come into play in legal treatment based on international conventions and international criminal law.
Qarbi clarified that crimes committed by the fallen regime as part of a widespread and systematic policy or practice can fall within the scope of crimes against humanity, and therefore do not expire according to international references as well as special provisions contained in the Constitutional Declaration. Haj Bakri stressed that the judiciary can rely on principles of international law when examining crimes that constitute war crimes, crimes against humanity, or torture crimes, which allows overcoming the obstacle of limitation.
Al-Abdallah stated that Minister of Justice Circular No. 12 of 2026 confirmed that limitation does not apply in the presence of force majeure or a security reason that prevented the aggrieved party from filing a lawsuit or complaint. This argument was linked to the nature of the stage during which the crimes were committed, as the practice of intimidation, fear, and control over security and judicial apparatus may constitute a real obstacle for victims.
The experts presented the crime of enforced disappearance as a model for the complexity surrounding the issue of limitation, where Haj Bakri described it as a crime against humanity and a continuing crime, because the crime does not end with arrest alone, but continues as long as the fate or whereabouts of the disappeared person remain unknown. This was linked to the International Convention for the Protection of All Persons from Enforced Disappearance of 2006, which Syria signed in 2007, which stipulates in its eighth article that the limitation period does not begin before the end of the crime of enforced disappearance.
The experts concluded that there are two legal paths that can be relied upon in addressing serious crimes: the national path and the international path. At the national level, there are limitation provisions and exceptions related to certain crimes, along with the possibility of adopting the concept of force majeure, security obstacles, and continuing crimes. At the international level, the Geneva Conventions and their protocols, international criminal law, and the Rome Statute stand out as legal frameworks that exclude war crimes and crimes against humanity from the scope of limitation.
Source: Syrian Arab News Agency (SANA)
Comments (0)