Administration of Transitional Justice Regarding Foreign Fighters in Syria in Light of Positive Complementarity Jurisdiction

This article reviews the concept of transitional justice and its administration regarding the foreign fighters in the Syrian armed conflict in light of positive complementarity jurisdiction held by the International Criminal Court. Since the trial of violators of international humanitarian law in Syria is among the goals of transitional justice, by enabling the state to investigate and prosecute international crimes including genocide, crimes against humanity, and war crimes, the principle of complementarity jurisdiction allows the Syrian judicial system to try the criminals and violators of human rights and humanitarian law. This research drawn upon the descriptive-analytical research method. Based on the findings of the research, the Syrian government is able to fill the gaps found in its national criminal justice system for investigating and prosecuting foreign fighters for their crimes, relying upon the positive complementarity of the International Criminal Court. Among the capacities provided by the positive complementarity principle are penalizing international crimes, training the judicial system, prosecution of criminals, reforming and restructuring the police force and judges for documenting the crimes, and investigating the committed crimes. Hence, such a possibility exists for such states as Syria, which are not parties to the Court Statute.