THE United Nations’ top court will today rule on an alleged Syrian torture programme that investigators say killed tens of thousands, in the first international case over the brutal civil war that began in 2011.

Canada and the Netherlands have called on the International Court of Justice (ICJ) to “urgently” order a halt to torture in Syrian jails, arguing that “every day counts” for those still in detention.

The ruling comes a day after France issued an international arrest warrant for Syrian President Bashar al-Assad, accused of complicity in crimes against humanity over chemical attacks in 2013.

In October, the ICJ in The Hague heard searing testimony from Syrian detainees describing gang rape, mutilation and punishment involving contorting people into a car tyre and beating them.

The court has been asked to issue “provisional measures” to stop torture and arbitrary detention in Syria, open prisons to outside inspectors and provide information to families about the fate of their loved ones.

Torture in Syria is “pervasive and entrenched… and continues today”, Canada and the Netherlands wrote in their submission to the ICJ.

Victims endured “unimaginable physical and mental pain and suffering as a result of acts of torture, including abhorrent treatment in detention… and sexual and gender-based violence”, the submission said.

“Tens of thousands have died, or are presumed dead, as a result of torture,” the two countries said, citing a UN Human Rights Council report.

Damascus snubbed the October hearing but previously dismissed the case as “disinformation and lies” and said the allegations “lack the slightest degree of credibility”.

“It is our sincere belief that the lives and well-being of Syrians are at stake and require the court’s immediate attention,” said Rene Lefeber, top representative for the Netherlands, at the October 10 hearing.

While there have been individual war crimes cases linked to the Syrian war in some countries, there has long been frustration in Western capitals at the lack of any wider plan for international justice.

The Dutch first launched a bid in September 2020 to hold Syria responsible for alleged breaches of the UN Convention against Torture, to which Damascus is a signatory.

Canada joined the case the following March.

The International Criminal Court – a war crimes court based in The Hague – has been unable to deal with Syria because Damascus never ratified the Rome Statute, the tribunal’s founding treaty.

The situation has gained renewed attention after the return of al-Assad to the international fold in May, when he attended an Arab League summit. – AFP, November 16, 2023.