Ricerc@Sapienza

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