It takes an unconditional surrender to be able to prosecute many war crimes

NY Times:

Seeking Justice for Syria’s War Victims

A mountain of evidence has been compiled against Syrian officials for war crimes from torture to summary killings. But there is no clear path to justice.
In the case of Syria, you would probably also need to include Iran and Russia as complicit in some of those war crimes.  by propping up Syria's odious regime they make these crimes possible and they also make it harder for the victims to get justice.

At this point, there is no country that is willing to do what it takes to bring the war criminals to justice other than occasional punitive strikes by the US and Israel.  At the UN the Russians are still running cover for the Syrian regime because they want a naval base on the Mediterranean.

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