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Lacking laws for war crimes, Syria's new government is using the prior regime's criminal code to try its officials. Judges are creatively plugging legal gaps with international law, a pragmatic but legally complex approach to transitional justice that avoids building a new system from scratch.

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To provide legal cover for killing Atahualpa, Pizarro held a rudimentary trial. The emperor was charged with a mix of political and religious crimes like regicide and incest, demonstrating the Spaniards' deep-seated need to frame their actions within a legalistic framework for their king.

Unlike adversarial systems, Germany's inquisitorial model, where judges review evidence presented by a prosecutor who then steps back, proved crucial. This structure created a process that was 'influence proof,' allowing the court to indict a foreign government despite immense political pressure to abandon the trial.

By designating elite Ukrainian military units like the Azov Corps as terrorist organizations, Russia circumvents international law. This legal maneuver allows them to strip soldiers of their POW status, prosecute them as criminals, impose long prison sentences, and exclude them from prisoner swaps.

In a significant political irony, former Prime Minister Sheikh Hasina was tried by the International Crimes Tribunal. This was a court her own government set up in 2009, originally intended to prosecute war criminals from the 1971 war, not political leaders like herself.

The new Syrian government is fast-tracking high-profile trials not just for international legitimacy but to quell rising street-level vengeance. Without official state action, reprisal killings and sectarian attacks threaten to destabilize the country, making the trials a critical tool for national security.

The new Syrian government's lack of transitional justice is a primary driver of ongoing violence. By allowing former regime figures to live in exile and even recruiting some, it has created a culture of impunity. This has led to widespread frustration, revenge killings, and sectarian attacks, showing peace requires accountability, not just regime change.

The fundamental shift to autocracy occurs when the legal system is no longer a neutral arbiter. Instead, it becomes an instrument of power for the leader, where legal decisions are dictated by political expediency rather than established statutes.

Restoring global trust may require holding a prior administration legally accountable for breaking laws. However, this creates a dangerous paradox: the threat of future prosecution gives incumbents a powerful incentive to subvert democratic processes to remain in power, worsening domestic political instability.

Unlike the de-Ba'athification in Iraq, the proposed transition for Iran includes a path for members of the current military and bureaucracy. Those who did not commit atrocities will be offered roles or retirement, a strategy designed to ensure stability and prevent a power vacuum.

Despite promoting freedom of speech, Syria's new leader is centralizing power by establishing parallel institutions loyal only to him. Bodies like a new 'Office of Political Affairs' operate without oversight and usurp the authority of formal ministries, creating what one analyst calls 'the embryo of a new authoritarian structure of control.'