L’iniziativa dell’assemblea generale dell’ONU di istituire un “meccanismo” di sostegno nelle indagini sui crimini internazionali commessi in Siria a partire da marzo 2011

On 21 December 2016 the General Assembly took an unprecedented initiative, by deciding, despite Syria’s opposition, to establish an International, Impartial and Independent Mechanism (IIIM) to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed during the civil war in Syria (resolution 71/248). This in order to facilitate and expedite criminal proceedings in national, regional or international courts or tribunals that have or may in the future acquire jurisdiction over these crimes, in accordance with international law. At present, the creation of the Mechanism constitutes the most concrete step in the fight against impunity in Syria. Nevertheless, it raises some difficult issues concerning both its opportunity and legality. The lack of coercive powers granted to the General Assembly by the UN Charter, besides calling into question the compatibility of the Mechanisms with the Charter, represents also a major shortcoming for its effectiveness