Law, Conflict, and Property Dispossession in Syria: Legal Barriers to Restitution and Post-War Return

Abstract

In the aftermath of prolonged civil conflict, the restoration of property rights is a critical component of post-war recovery and sustainable return. In Syria, although the government has formally encouraged displaced populations to return following the reduction of active hostilities in certain regions, legal and policy developments adopted during the conflict have significantly constrained the possibility of restitution for many former residents. This article examines how deliberate changes to property law and administrative practice during the Syrian civil war have facilitated widespread expropriation and created enduring obstacles to return and reintegration. Drawing on an analysis of legal instruments, policy measures, and secondary sources, the article demonstrates that wartime legislation systematically undermined property rights, particularly for individuals and groups perceived as politically opposed to the government. These measures include expanded expropriation powers, restrictive documentation requirements, and redevelopment schemes that disproportionately affect those lacking physical presence, legal status, or connections to regime-aligned networks. Collectively, these legal tools have operated to transfer property away from displaced populations under the guise of urban planning, security, and reconstruction. The article argues that such legal restructuring represents not merely a by-product of conflict but a strategic use of law to consolidate control over land and assets. As the effects of these measures materialise in the post-conflict period, they are likely to result in the permanent dispossession of large segments of the population, particularly those who fled violence or opposed the government. The resulting property losses undermine prospects for meaningful restitution, voluntary return, and long-term social reconciliation. The article concludes that without legal reform and credible restitution mechanisms, post-war Syria risks entrenching displacement through law. It highlights the broader implications of using legal frameworks as instruments of exclusion in conflict and post-conflict settings, and underscores the importance of property rights protection as a foundation for justice, return, and durable peace.