Syria's Quest for Justice Faces Hurdles as Thousands of Former Regime Members Remain at Large

A death sentence against a once-feared cousin of Bashar Al Assad has helped assuage a mass thirst for retribution in Syria. However, thousands of members of the former regime and its associates remain at large, with some even being spared prosecution as the new order seeks social and political alliances to boost its power.

Atif Najib was one of 6,000 former regime members on whom authorities have prepared files for prosecution for crimes mostly committed during the 2011 to 2024 civil war, a Syrian official told The National. A criminal court in Damascus ordered Najib, a former political intelligence commander and a maternal cousin of Bashar Al Assad, to be hanged. About 40 per cent of those 6,000 have been apprehended, the official said, acknowledging that the government led by President Ahmad Al Shara has not moved against others who played major roles in the former regime, though the state is obliged to act if lawsuits are lodged.

Najib was convicted for his role in the deadly suppression of pro-democracy demonstrations in the southern province of Deraa, the cradle of the 2011 revolt. The crackdown by the Alawite-dominated system prompted a violent backlash by many among the majority Sunni population, pushing Syria into civil war by the end of the year.

Bashar Al Assad and most of the upper level of the ruling elite fled to Russia when the regime was ousted in December 2024 by militant groups led by Mr Al Shara. The court sentenced Al Assad and six other former regime operatives to death in absentia in the same case. The official noted that Russia has shown no indication of handing over the former president or other top echelons who fled to Moscow, having given Al Assad asylum for humanitarian reasons. Damascus recently announced a deal with Russia on the future of Russian military bases in Syria without mentioning Al Assad.

The sentencing of Al Assad was necessary to affirm that the government is committed to the revolutionary narrative based on a clean break from Syria's dictatorial past, the official explained.

Meanwhile, revenge killings of those seen as Assad regime collaborators have occurred almost daily, alongside mass killings against Alawites, the minority to which Bashar Al Assad belongs. Anas Al Khatib noted that authorities have spared some Alawite figures of the previous regime to build bonds within the community. He warned that the best assurance for Alawites is to deal directly with society and isolate themselves from old regime officials, expecting more revenge killings if an institutional approach is not adopted.

Mr Al Khatib pointed to former warlord Fadi Saqr, who headed the notorious National Defence militia, and businessman Khaled Al Ahmad, who helped found and finance the militia, both of whom have been spared. Conversely, militiaman Amjad Youssef was arrested over the Tadamon massacre. Reports suggest Mr Saqr and Mr Al Ahmad have been acting as liaisons between the new authorities and the Alawites, though Sadeq Abbara described keeping Mr Saqr free as a scandal, citing his extensive record of mass murder and extortion.

This hands-off treatment has also extended to Sunni tycoon Mohammed Hamsho, who was linked to Al Assad's brother Maher. In contrast, Sunni businessman Samer Al Foz fled Syria, and Rami Makhlouf—an estranged cousin of Al Assad—has been accused of financing lawless groups on the coast after falling out with the regime in 2020.