Syria’s New Government Breaks Taboo: FM Al-Shaibani and ICC Chief Akane Strategize Assad Prosecution in Munich
MUNICH — In a landmark diplomatic development that signals a definitive break from decades of isolationist policy, Syrian Foreign Minister Asaad al-Shaibani held a historic meeting with International Criminal Court (ICC) President Tomoko Akane on Saturday. Taking place on the sidelines of the 62nd Munich Security Conference, the high-stakes discussion focused exclusively on mechanisms to hold ousted dictator Bashar al-Assad and key figures of his fallen regime accountable for war crimes and crimes against humanity.
Diplomatic Pivot and Legal Strategy
This meeting, described by diplomatic sources as “the first of its kind” between a Syrian state official and the ICC leadership, underscores the radical transformation of Syria’s foreign policy following the collapse of the Baathist regime in late 2024. Al-Shaibani, representing the transitional administration led by President Ahmad al-Sharaa, reportedly presented Akane with a dossier outlining the new government’s willingness to grant the ICC jurisdiction over crimes committed on Syrian territory—a move that would bypass the need for a UN Security Council referral, which had historically been blocked by Russian and Chinese vetoes.
The talks centered on “transitional justice” and the practicalities of executing the in-absentia arrest warrant issued against Assad by Damascus investigative judge Tawfiq al-Ali in September 2025. Legal analysts at the conference noted that Al-Shaibani’s approach appears to be two-pronged: pursuing domestic prosecution while simultaneously internationalizing the case to close off diplomatic safe havens for former regime officials. By engaging the ICC, Damascus is attempting to legitimize its post-transition judicial system and secure access to the Court’s extensive forensic resources and witness protection protocols.
Context of the Transition
The drive for accountability follows the dramatic ouster of Bashar al-Assad, who ruled Syria for nearly a quarter-century before fleeing to Russia in December 2024 amid a sweeping opposition offensive. The end of the Assad family’s rule, which began in 1963, has left the new transitional government with the monumental task of rebuilding a shattered nation and addressing the grievances of millions of victims.
Until now, the ICC has been unable to investigate crimes in Syria because the country was not a signatory to the Rome Statute. However, the new administration’s signal that it may ratify the statute—or issue an Article 12(3) declaration accepting the Court’s jurisdiction retroactively—changes the legal landscape entirely. This move aligns with the broader normalization efforts seen in Munich, where Al-Shaibani also held talks with U.S. and European officials, emphasizing that the “era of impunity is over.”
Challenges and Objections
Despite the optimism surrounding the Al-Shaibani-Akane meeting, significant hurdles remain. Legal experts warn that the road to accountability is fraught with complexity. A primary objection raised by international jurists is the issue of “selective justice.” Critics argue that a referral to the ICC could theoretically open up the new government’s own military partners—specifically various rebel factions now integrated into the state—to prosecution for their own conduct during the civil war. This creates a delicate political dilemma for the fragile transitional coalition.
Furthermore, the practical enforcement of any potential ICC arrest warrant against Assad remains dubious as long as he resides in Russia. Moscow, which is not a party to the ICC, has historically protected its allies and is unlikely to extradite the former president. There is also the risk that an intense focus on international tribunals could be perceived domestically as prioritizing external validation over local reconciliation processes, potentially alienating segments of the Syrian population who favor a general amnesty to speed up stability.
Nevertheless, the meeting in Munich represents a seismic shift. For the first time, the government in Damascus is not the target of the ICC, but its partner—a realignment that defines the new Syria’s emerging identity on the world stage.
middleeastmonitor.com
