As talks between the Syrian government and Syrian opposition stumble in the opening phases of the so-called Geneva II negotiations, a hot topic is whether those parties responsible for atrocity crimes in Syria can and should be prosecuted.
Of course, this debate has been ongoing since the beginning of the Syria’s civil war. Early on, Western governments funded a team of investigators to collect evidence of alleged war crimes and crimes against humanity, a process that has apparently continued to this day. At the same time, there have been numerous calls by organizations and states for the situation in Syria to be referred to the International Criminal Court (ICC). Because Syria is not a member-state of the ICC, doing so would require a resolution from the United Nations Security Council. Last September, the possibility of referring Syria to the Court was shot down by the Council. According to Carsten Stahn
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