5 April 2019 — Tim Hayward

The photos brought to public attention in January 2014 by the anonymous witness codenamed ‘Caesar’ show corpses, thousands in number, deceased from violent causes, some bearing signs of torture and many having suffered starvation and neglect.[1] The dead are said to be victims of Syrian state detention facilities, but it is now known that many were not, and it is still not known for sure how many of them were.[2] If the atrocity of the crimes to which the photos attest is in no doubt, the question of who perpetrated them is less clear-cut.

Yet Western reports have unequivocally blamed the ‘Assad regime’. A counter-hypothesis, hardly considered in public discussions, is that many of the bodies were of civilians captured by Jaish al-Islam (JAI) after taking control of Douma in December 2012. JAI are known to have starved their captives while using them as slave labourers, which they did on a scale monumental enough to create the extraordinary network of deep and impressively engineered tunnels that we now see had been built across the area under their control.[3] Nevertheless, a Qatari-sponsored prosecution team vouched for the Caesar evidence as being ‘capable of being believed’ – in a court of law – to show ‘systematic torture and killing of detained persons by the agents of the Syrian government.’[4] The Western media’s subsequent dissemination of the prosecutors’ interpretation of the images – unchallenged – caused it to be widely believed in the ‘court of public opinion’. Despite significant unsettled and unsettling questions, then, a particular account of what the images show has exercised considerable influence over people’s default assumptions about accountability for atrocities in Syria.

It is the influence of this specific interpretation of evidence that will be reflected on here, and without prejudice as to what may be established about occurrences in Syrian detention on other bases.[5] Questions about the Caesar evidence point up concerns about the extent to which the dissemination of inaccurate information might have distorted the written historical record of our times and how it may have practically influenced real decisions and events. It matters to get at the truth about the photos for those reasons, as well as for the sake of families whose loved ones have disappeared, but there is also a further reason. This concerns a use made of Caesar’s testimony that may affect the future course of history too. It is the promotion by Western prosecutors of judicial innovation in the pursuit of accountability for atrocity crimes. The purpose of this article is to set out how and why that is a concern, and fundamentally one about justice. Read more of this post