We do believe that it was a chemical attack by the Assad regime
This is a war crime
The world needs to see, the use of chemical weapons will not be tolerated
The Ghouta attack wasn't the only time chemical weapons were used in the Syrian war. But it
was the deadliest. More than 1,000 people were killed.
So far, not one person has been held accountable for the deadly chemical attack on Ghouta.
In this video, we want to work out why that is. And why courts in Germany could play a
decisive role in determining who was responsible for the attack and bringing perpetrators to
justice.
Could Germany indict Syria’s dictator Assad for war crimes?
Let's first take a look at the situation in August twenty-thirteen. For weeks, forces
loyal to president Bashar Assad had tried to capture rebel-held areas in Ghouta right
outside of Damascus.
But they failed to do so.
On the night of August 21, at least four rockets loaded with chemical weapons struck eastern
Ghouta.
Syrian journalist Thaer survived the attack. He grabbed his camera and filmed the desperate
situation at the hospitals. She shared his videos with us.
Days after, Thaer was still on the streets of Eastern Ghouta. He filmed impact sites,
missile remnants, mass graves. He also interviewed many witnesses. His goal: Collect as much
evidence as possible.
These are the images that shook the world.
Amid growing international pressure, Assad eventually allowed UN inspectors to visit
Ghouta. They collected rocket fragments and soil samples — and came to the conclusion
that the deadly nerve agent sarin was used in the attack.
Atmo If you don’t a mask don’t come close
In their report, UN inspectors were unable to name suspected perpetrators because their
mandate wouldn't allow for it. Meanwhile, the Syrian government has consistently denied
any involvement in the brutal attacks.
But the US upped pressure on Syria and its closest ally, Russia.
By September 2013, the UN Security Council passed a resolution that committed Syria to
destroying its chemical-weapons-stockpile. The Assad regime could do little more than
agree — and Syria joined the Chemical Weapons Convention.
Today’s historic resolution is the first hopeful news that has come from Syria for
a long time.
But a confidential report produced by human rights groups and seen by DW describes how
the Syrian regime likely maintained components and facilities required for the production
of chemical weapons even after they were banned under the Chemical Weapons Convention.
The report details sites - where the nerve agent was stored and produced. It even names
the institution that enabled the secret chemical weapons program the Syrian Scientific Studies
and Research Center. Its facilities are located across the country. The report also suggests
that Syria continued to produce chemical-warfare-agents after 2013.
We have shown in our own investigation, that Syria retained a robust chemical weapons program.
(…) We found that immediately after the August 2013 attack they began relocating their
chemical stockpiles and essential equipment. And we found the relocation of specific sites,
chemical weapons production facilities to new sites, that had not been disclosed
Throughout our investigation, we repeatedly requested comment from the Syrian Embassy
in Germany. But we never received a response .
Allegations that Syria secretly continued its chemical weapons program are given further
weight by ongoing chemical attacks on rebel-held territories after September 2013, when it
joined the convention.
Human rights groups have attributed more than 200 chemical attacks to Syrian government
forces.
The OPCW — the world's leading chemical weapons watchdog — has investigated many
of those attacks. Their efforts have mainly focused on ánalyzing the chemicals used.
Their investigations have found unique compounds to the sarin samples gathered in the wake
of these atrocities.This is important because these unique compounds are crucial in determining
who exactly produced it. It is, in effect, a chemical fingerprint.
The OPCW has also exámined samples from the twenty-seventeen sárin attack on Khan Sheikhoun.
The findings of a joint UN report said with confidence — Syria was behind the attack.
For the Ltamenah attack of twenty-seventeen, an OPCW report made it even clearer — units
within the Syrian Air Force dropped the bombs
Despite the growing body of evidence, the UN Security Council has been unable to take
action. Even attempts to refer the attack to the International Criminal Court have failed.
Russia repeatedly vetoed punitive measures.
How could anyone look on the face of lifeless children and veto a resolution condemning
theses deaths. It is indefensible that Russia has chosen to protect the perpetrators of
these attacks.
So, is there any way to bring the perpetrators to justice without going through the UN Security
Council? Rights groups are increasingly taking their fight for justice to national courts
where universal jurisdiction applies, such as Germany
Universal jurisdiction applies to crimes such as genocide, war crimes and crimes against
humanity. They can be prosecuted regardless of where and against whom they were committed.
That is why Germany’s Federal Prosecutor has been investigating atrocities in Syria
for the better part of a decade.
Following several cases linked to torture in Syrian prisons, three rights groups have
for the first time filed a criminal complaint in Germany concerning the use of chemical
weapons. The complaint is accompanied by extensive documentation of the attacks, including how
they took place and who was likely responsible.
For years, Syrian Archive founder Hadi al-Khatib worked with the other human rights organizations
on the criminal complaint. Together, they interviewed eyewitnesses and analyzed thousands
of documents, images and videos of the sarin attacks in Ghouta and Khan Sheikhoun. The
material was á:rchived to make it easier for prosecutors to áccess and rivíew.
We don't use videos that are not verified. We need to verify it. And this is by itself
is a is a big challenge. We need to verify date, time, location, any objects that we
can see in videos itself. Uh, the other part is definitely it is challenging to find witnesses,
to find defectors and to make sure that also they are feeling safe to talk about the incidents.
The material accompany-ing the criminal complaint includes statements from 50 defectors with
firsthand knowledge of Syria's chemical weapons program. They describe the possible chain
of command for a sárin attack — and even name suspécted perpetrators, including Syrian
President Bashar Assad and his brother Maher.
We have one witness who has described, that the request for the use of sarin gas comes
from Maher al-Assad and then is communicated to the presidential palace where it is approved.
We believe, it is approved or ordered by Bashar al-Assad. Certainly to convict any of those
individuals of the crime you would need additional evidence beyond this one witness, but we think,
the witness presents valuable evidence
Federal prosecutors will now examine the evidence provided in the complaint before deciding
whether to open a case against individual suspects, and that can take weeks or even
months.
Now, the major task is to determine who is legally responsible for the sárin gas attacks
on Ghouta and Khan Sheikhoun. Under international law, those who launched the rockets aren't
the only ones the court can hold responsible.
Also people who have given orders to normal soldiers or whoever is in charge of launching
the attacks can be indicted because of this act of ordering — or even if the person
didn't order it themselves but they were aware or should have been aware of these attacks
because of their function as military commander they can be held accountable.
Who had knowledge of the sárin attacks? Who authorized them?
German prosecutors will now speak to witnesses accompanying the criminal complaint, such
as Syrian nurse Eman. She is determined to testify about what she experienced that night
in Ghouta seven years ago. We meet with her and her husband Mohammed at an undisclosed
location in Germany.
Her eldest son was killed in the chemical attack. She and her husband were unconscious
for days. Still today, Eman suffers from nervous breakdowns and Mohammed is constantly worried.
For now, German prosecutors are unable to touch Assad. As an acting head of state he
enjoys immunity from prosecution. But Eman and Mohammed are hopeful that evidence will
now be validated in Germany — evidence that one day could be used for an indictment. Because
for war crimes, there is no státute of limitations