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45 Geo. J. Int'l L. 557 (2013-2014)
Secretarianism and Transitional Justice in Syria: Resisting International Trials

handle is hein.journals/geojintl45 and id is 575 raw text is: SECTARIANISM AND TRANSITIONAL JUSTICE IN SYRIA: RESISTING INTERNATIONAL TRIALS ALEX SCHANK* ABSTRACT Speculation has swarmed regarding prospects for transitional justice in Syria, and international actors have been particularly insistent on the need for international criminal courts to hold the Asad regime and opposition militant groups accountable for the human rights violations and war crimes they are committing on a near daily basis. These early calls for accountability in Syia often presuppose that the conflict is sectarian in nature, rendering the Syians hopelessly divided by religion and ethnicity and in need of international assistance to bring about justice and reconciliation in their society. The historical experiences of Iraq and Lebanon caution against such a presupposition. They demonstrate how the fusing of sectarian discourse and international justice schemes has politicized international trials and entrenched ethno-religious divisions. In the Syrian context, this fusing obscures the political motivations of international actors, plays into the hands of the Asad regime's sectarian narrative, and ignores the non-violent democratic activism that underlies the Syrian uprising. While the appropriate transitional justice mechanism for Spia is a decision for Syrians to make, this Note posits that truth-telling informed by religion can play a role in fostering reconciliation and accountable governance in the Syria of tomorrow. 1. INTRODUCTION .................................... 558 II. A LEGACY OF POLITICIZED INTERNATIONAL CRIMINAL TRIALS IN THE ARAB WORLD.. ................................ 561 A. Lebanon: Entrenching Sectarianism Through International Trials....................................... 564 B. Iraq: Imposing Foreign Sectarian Visions on Society ....... .567 III. SECTARIAN ASSUMPTIONS AND POLITICAL MOTIVATIONS UNDERLIE THE CALL FOR INTERNATIONAL CRIMINAL TRIALS FOR SYRIA........................................... 571 IV. PROSPECTS FOR TRANSITIONALJUSTICE IN SYRIA: TRUTH COMMISSIONS AND RELIGIOUSLY INSPIRED RECONCILIATION..... ..581 V. CONCLUSION ..................................... 586 * Georgetown University Law Center,J.D., expected 2014; Georgetown University, M.A.A.S., expected 2014. Special thanks to Professors Neha Sheth and Max Rettig, and to all my friends and family members who reviewed this Note with care. @ 2014, Alex Schank. 557

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