Does the Caesar Act correlate with the case of Detainees and Enforced disappeared People in Syria?

Enacted by the U.S Senate last December, The Caesar Syria, Civilian Protection Act, traces its name back to the Syrian army defector who smuggled out more than 50,000 photographs evidencing manufactured systematic torture in Syrian prisons. Unlike the previous U.S led sanctions, the Caesar Act brings under its jurisdiction umbrella third-country actors. Those countries try to engage in activities that endeavor to collaborate with the Syrian regime, encompassing the cross-border business channels that are essential to the Assad regime’s survival.

Caesar Syria Civilian Protection Act’s Core Objectives.

While the Act imposes a wide range of cross-economic sanctions against Syrian regime economic tycoons and state officials and sectors, there is a dominant alluring narrative that is being drawn upon surrounding its primary objective.

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Haleem Kawas, an advocacy manager at Kesh Malek civil society organization, explains that there is a misrepresentation of the Act’s implications and attribution given its immediate influence on people’s lives. 

Although the Act unequivocally did accelerate the deterioration of the economy’s status and made Syrian in a tangible desperate economic misery. Kawas explains that the Act promises ultimately in line with its objectives are submitted to increase the targeted sectors’ financial hardship aimed to weaken their functionality at aiding Assad regime corrupted circle economic recovery. It functions in a way that would discipline or penalize war-criminals, extract political concessions, and help to bring about a yearned political transition and set who are held behind bars free.

However, one needs always to remember the pre-existing economics crises in the country is the direct result of the Syrian regime deeds pushing a large segment of the Syrian populations under siege, bombing, and forcible displacement and as a result a feeble and shattered economy 

Haleem Kawa – Advocay Manager Kesh Malek Organization

“Besides, the Assad inner circle has developed a legal and policy framework to encompass humanitarian and reconstruction funding for its narrow interests, pushing all humanitarian support to go to government-controlled NOGs operating in cooperation with the security services, leaving the large beneficiaries stakeholders in dire need,” the manager adds.

He explains that the Caesar Act sends a clear signal that no external actor should enter into the commercial or large business investment of infrastructure companies of any kind or otherwise enrich the regime.

“It directs its legal fires towards answering the calls of Syrian people for a long term solution in line with UNSCR 2254. It also makes a step ahead in promoting accountability for the large-scale atrocities Bashar al Assad and his regime have carried out in Syria,” Kawas adds

Pro-regime platforms are trying to smear the notion that the Act’s objective is to make Syrian people’s daily life miserable because the regime has won the so-called war against terrorists.

 This fortifies the conspiracy theory among mainstream society. This mainstreaming denies Syrian victimized, namely the one published in Caesar’s leaked pictures.

“Our role in civil society is to unveil this confusion and misrepresentation of the Act in the mainstream.” He adds

Detainees-centrist framework

A report by Human Rights Watch identified that at least 6,786 people among almost 29,000 of the Caesar pictures had died in confinement or military hospital. At the same time, the other images showed attack sites or the bodies of those who were identified by name. 

Most of the unidentified dead, HRW said, had been detained by Syrian intelligence agency branches in Damascus between May 2011 and August 2013. 

Nowadays, it is estimated that nearly 75,000 and over 200,000 civilians are missing in Syria, with unclear thoughts to be either dead or detained. No less than 12,989 are believed to be still held in detention or missing, their fates unknown, according to the report. Another 16,000 are missing by other factions in Syria’s war.

However, does the Caesar Act have an impact on the enforced disappearance and detainees’ case? 

The starting point to be able to correlate the effect of Caesar Act on the detainees and enforced disappeared in Syria is by looking to the inception of the law. Sarah Kayyali _Syria-researcher at Human Rights Watch_asserts that Caesar Act wouldn’t have become a reality without the thousands of leaked pictures from inside the Assad regime jail and the advocacy that has been done which are the reason why Caesar was enacted. 

The breakthrough manifest as she explains looking to the fact that “the imposed sanctions against the regime, will not be paused legislatively until the detainees’ file in dealt with,”

“There is a clear [at least a legislative] legal conditionality that links the violations in the prisons with the lifting up of the sanctions. This unequivocal linkage should theoretically reaffirm the cause of prisoners whether detainees or forcibly disappeared people,” she added.

The HRW’s researcher explains that the Act engages more and underscores the international advocacy organizations as well as Syrian civil society, by introducing new avenues to advocate for the detainees. 

Foreseeable Obstacles

Though, this opportunity has not manifested itself yet or at least dependent on several factors. These factors circulate mainly upon how coherent we are_ as Syrian_ at our messaging and how forceful we are in our advocacy work devotion. 

“As long as avoidance of deviation from the Act’s main objective by the concerning actors, there will be progress achieving a productive output to uphold the detainees’ cause,” 

However, the researcher affirms that for civil society advocacy efforts to be productive and effective, they ought to be unified to serve the detainees better and enforced disappearance cause in wider international avenues and networks.

Sarah Kayyali _Syria-researcher at Human Rights Watch