Yesterday, the Office of the United Nations High Commissioner for Human Rights reported that an inquiry has produced “massive evidence” of individual responsibility for war crimes and crimes against humanity in Syria. Commissioner Navi Pillay indicated responsibility “at the highest level of government, including the head of state.” This is the first time President Bashar al-Assad has been directly implicated by a report from the OHCHR, and it is a valuable opportunity for the UN Security Council to refer Syria to the International Criminal Court at The Hague.

Syria has signed the Rome Statute of the ICC but, crucially, is among the countries that have not ratified it. This means that for the ICC to have jurisdiction over Syrian nationals, all five members of the Security Council must pass a resolution referring the crisis in Syria to the court. Unfortunately, it is likely that China and Russia will veto any such action. The humanitarian concerns at the heart of international dealings with Syria are at odds with China and Russia’s national interest. Both nations have vetoed three proposed resolutions on Syria. If they approve the decision to send Syria to the ICC, they legitimize a process that potentially threatens their sovereignty and brings into question their own human rights abuses.

The death toll in Syria has risen to over 125,000, with millions more displaced from their homes. Despite these staggering numbers, Syrian Deputy Foreign Minister Faisal Mekdad derided Pillay’s comments — “She has been talking nonsense for a long time and we don’t listen to her.” In spite of this contempt, a substantive response delivered through the ICC is the key to guaranteeing the delivery of justice. The indictment of Ratko Mladic and Radovan Karad‑ic did not at all impede the peace process. A trial of Assad would be an essential component of a solution to the Syrian conflict.

While the ICC will only be able to try a few key officials for the widespread crimes afflicting the Syrian people, it is the most tenable method of investigating and prosecuting the leaders responsible. In January of last year, the Security Council received a letter from Switzerland on behalf of 58 countries urging an ICC referral of the situation in Syria. The ICC alone does not have the power to end the atrocities in Syria, but a Security Council decision to support ICC jurisdiction is the critical first step in holding perpetrators of some of the worst human rights crimes accountable to their actions.

A version of this article appeared in the Tuesday, Dec. 3 print edition. Email the WSN Editorial Board at [email protected].