Canada and the Netherlands allege at the International Court of Justice that Syria breached the UN Convention against Torture through torture and ill-treatment since at least 2011. The Court ordered provisional measures in November 2023 and, after the fall of the Assad government, extended the time-limits for written pleadings. Syria’s Counter-Memorial was due on October 5, 2026, and the Court has reserved the subsequent procedure.
Latest development Oct 5, 2026
On October 5, 2026, the time-limit for Syria’s Counter-Memorial under the Court’s order of December 17, 2024, fell due. The Court has not published whether Syria filed it or asked for more time, and its website lists no later order. The Court has reserved the subsequent procedure.
Why it matters
The case asks the Court to determine Syria’s state responsibility for torture under the Convention after the fall of the government accused of it. It also tests how an interstate human rights case proceeds when the respondent state’s government changes during the written phase.
Background
The Netherlands invoked Syria’s responsibility under the UN Convention against Torture on September 18, 2020, and Canada did so on March 3, 2021. They say neither negotiations nor an agreement on arbitration could be reached. On June 8, 2023, the two states filed a joint application at the International Court of Justice. They allege torture and ill-treatment of detainees, inhumane detention conditions, enforced disappearances, sexual and gender-based violence, violence against children, and the use of chemical weapons.
After a hearing on October 10, 2023, the Court ordered provisional measures on November 16, 2023. It directed Syria to take all measures within its power to prevent torture and other cruel, inhuman, or degrading treatment. It also ordered Syria to preserve evidence of acts within the scope of the Convention. It did not order Syria to report on implementation, as the applicants had requested.
On February 1, 2024, the Court fixed February 3, 2025, for the Memorial of Canada and the Netherlands and February 3, 2026, for Syria’s Counter-Memorial. After the Assad government fell on December 8, 2024, the applicants asked for more time, citing the change of government and new evidence. Syria’s agent said he needed time to consult the new government. On December 17, 2024, the Court extended the time-limits to June 3, 2025, and October 5, 2026.
In September 2026, Syrian civil society organizations urged Canada and the Netherlands not to suspend, discontinue, or settle the case because of the political transition. As of November 1, 2026, the Court’s website lists no order after December 17, 2024.
Timeline 8 events
-
OrderTime-limit for Syria’s Counter-Memorial falls due
The Court has not published whether Syria filed its Counter-Memorial or asked for an extension.
ICJ order of December 17, 2024 (via italaw)International Court of Justice: case 188
-
OtherSyrian civil society groups urge the applicants to continue the case
They asked Canada and the Netherlands not to suspend, discontinue, or settle the case because of the political transition in Syria.
-
OrderCourt extends time-limits after the fall of the Assad government
The applicants cited the change of government and new evidence. The Memorial was moved to June 3, 2025, and Syria’s Counter-Memorial to October 5, 2026.
ICJ order of December 17, 2024 (via italaw)Government of the Netherlands: joint statement of December 20, 2024
-
OrderCourt fixes time-limits for the written pleadings
The Court set February 3, 2025, for the applicants’ Memorial and February 3, 2026, for Syria’s Counter-Memorial.
-
JudgmentCourt orders Syria to prevent torture and preserve evidence
The provisional measures are binding on Syria. The Court did not order Syria to report on their implementation.
-
HearingCourt hears the request for provisional measures
The hearing had been postponed from July 19, 2023.
-
FilingCanada and the Netherlands file torture case against Syria
The joint application also asked the Court to order provisional measures while the case is decided.
Government of the Netherlands: joint statement of June 12, 2023International Court of Justice: case 188
-
OtherNetherlands invokes Syria’s responsibility under the Convention against Torture
Canada followed on March 3, 2021, and the two states later announced a joint case.
Government of the Netherlands: joint statement of June 12, 2023