Syria Constitutional Talks Conclude 8th Session, Position on Army ‘Thwarts’ Discussions in Geneva

The text of the opposition delegation’s proposal on the constitution and international agreements and the text of the government delegation’s proposal on state institutions (Asharq Al-Awsat)
The text of the opposition delegation’s proposal on the constitution and international agreements and the text of the government delegation’s proposal on state institutions (Asharq Al-Awsat)
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Syria Constitutional Talks Conclude 8th Session, Position on Army ‘Thwarts’ Discussions in Geneva

The text of the opposition delegation’s proposal on the constitution and international agreements and the text of the government delegation’s proposal on state institutions (Asharq Al-Awsat)
The text of the opposition delegation’s proposal on the constitution and international agreements and the text of the government delegation’s proposal on state institutions (Asharq Al-Awsat)

Once again, the position regarding the Syrian state institutions, especially the army, thwarted the sessions of the Constitutional Committee in Geneva.

A dispute had erupted between the government delegation headed by Ahmed al-Kuzbari and the opposition negotiating body headed by Hadi al-Bahra over institutional reform.

In contrast to Damascus’ warnings about replicating Iraq’s disastrous attempt to restructure the army and voicing a total rejection of making the army neutral, the opposition delegation called for reform to avoid Syria becoming a failed state.

Moreover, the opposition called for an impartial role for the army during the power transfer.

Under UN sponsorship, the Constitutional Committee’s eighth session last week recorded a “tempo” improvement in addition to participants agreeing to some common points.

However, translating those common points into consensual texts that could serve as pillars of Syria’s constitution remains an obstacle. This, as promised in the closing session on Friday, requires UN envoy Geir Pedersen to take an additional shuttle tour between Syrian actors and external players before the Committee’s next session.

Under previous UN facilitative arrangements, the program of the eighth round included presenting a constitutional principle every day starting from Monday and leaving the last day for discussions and consensus.

The civil society delegation affiliated with Damascus presented a proposal for “unilateral coercive measures from a constitutional standpoint.”

For his part, Bahra presented a proposal for “the supremacy of the constitution and the hierarchy of international agreements,” while Kuzbari proposed the principle of “preserving and strengthening state institutions.”

The civil society delegation affiliated with the opposition discussed the issue of “transitional justice.”

A Western official summarized to Asharq Al-Awsat the discussions that took place during the five days of the Committee’s eighth round of talks:

Coercive Measures

Kuzbari received the proposal presented by the civil society delegation affiliated with Damascus. Their bid emphasized that “unilateral coercive measures imposed on the Syrian people constitute economic terrorism and infringes on the basic constitutional rights of the Syrian people.”

They also warned that unilateral coercive measures could limit “the security of its basic living requirements.”

It was suggested for the constitution to include “the state’s obligation to seek the lifting of unilateral coercive measures and to demand the countries that imposed sanctions to pay appropriate compensation.”

Additionally, the proposal called for opposing and rejecting sanctions as a national duty for every Syrian.

It emphasized that the right to development and the reconstruction of what was destroyed by terrorism and external aggression is a project for the Syrian people under the constitution.

The proposal added that refugees’ right to safe and voluntary return is humanitarian and may not be linked to any external political conditions.

When discussing the proposal, the government delegation focused on the incompatibility of coercive measures with international law and chose to link these measures to the “terrorist war on Syria.”

Meanwhile, the opposition delegation considered the proposal “unconstitutional” and stressed that reconstruction and development are economic rights and should not be restricted by unilateral coercive measures.”

Some of the attendees considered “everyone who encourages sanctions a traitor.”

A Warning against “Racialization”

The following day, Kuzbari presented a proposal on “state institutions” in a session chaired by Bahri.

His proposal ensured that “institutions are entitled to specific powers by the constitution and that undermining them or threatening them internally or externally is an act punishable by law.”

“The responsibility of the army is to protect the homeland against terrorism and occupation,” the proposal acknowledged, adding that “preserving and strengthening the army is a national duty.”

During discussions, the opposition members focused on “Syrian institutions needing a lot of reforms because they have lost their credibility due to human rights violations.”

Opposition attendees suggested that “reform should not affect the restructuring of the army and the institutions that committed direct violations, but rather radically improve the institutional system.”

They stressed the “necessity of political neutrality for institutions, especially the army so that they do not interfere in the processes of power transition.”

On the other hand, the government delegation focused on “the legitimacy of institutions and their steadfastness despite being targeted by terrorism and international interventions.”

“The restructuring of institutions in other countries such as Iraq has only led to disasters... and the recommendations of international organizations for reform have failed,” said a Damascus representative.

The opposition urged the necessity of embracing reform as a basic entitlement to restore institutions to their work in all Syrian lands. Otherwise, Syria would be a failed state.

According to the opposition delegation, reform may require restructuring institutions, accountability for officials, and removing impunity for abusers, especially from the security services and the army.

The government delegation defended its proposal.

“State institutions exist, and reform does not mean restructuring. It should not be an excuse to destroy institutions or allow external interference,” a government representative said.

They stressed that “the army cannot be impartial, as there is no neutral army in the matter of protecting the people.”

More so, they argued that corruption and institutional failure are individual cases that did not undermine Syrian institutions’ steadfastness and commitment to their duties.

“Reform is ongoing and continuous and cannot reach the point of building alternative institutions. The experience of alternative institutions in Syria and other countries has failed miserably,” noted a government representative.

The Constitution, International Agreements

The proposal presented by Bahra dealt with “the supremacy of the constitution and the hierarchy of international agreements.”

It considered “the constitution as the supreme law of the country.” However, it argued that international agreements must be set higher than national laws.

Discussions took place on the proposal, with attendees asking technical questions.

One of the questions revolved around whether international agreements transcend national law directly at the time of their signing or after conforming to the national legal system and issuing appropriate legislation.

The opposition delegation proposed including human rights agreements in the constitution.

Meanwhile, the government delegation considered “international agreements in the human rights field as a door to infiltrating Syrian sovereignty.” It also refuted accusations of Damascus not being concerned with human rights.

The civil society delegation affiliated with Damascus supported the government delegation’s statements on the matter.

“This principle aims to put Syria under international trusteeship,” a civil society representative said.

Justice or Revenge

Civil society representatives affiliated with the opposition presented a proposal on “transitional justice.”

The proposal includes the state’s commitment to building societal peace by adopting a comprehensive approach to transitional justice.

It stressed the principle of non-impunity for human rights abusers.

War crimes, crimes against humanity and human rights violations do not fall with the passage of time or the issuance of a former amnesty with a series of measures, reforms, and accountability.

A heated discussion erupted as the Damascus delegation warned that the opposition’s proposal “opens the door to external interference and presents a back door to disrupting state institutions and social cohesion.”

The government delegation argued that the proposal accomplishes what the “international war on Syria couldn’t.”

Some suggested “justice in favor of compensating Syria for the war declared by foreign countries,” warning that the proposal’s text “incriminates the Syrian government in advance.”

However, this was denied by the opposition.

“The term is mentioned in many Arab and international constitutions, as transitional justice is a national process,” an opposition representative argued.

“It’s not a matter of revenge... there is a wide package of measures required to ensure sustainable peace,” they added.

“These measures include legal and illegal accountability measures that focus on reparations, memorialization and institutional reform programs.”

Papers, Amendments

On Friday, the participants gave written amendments to the proposals submitted successively in the previous four days.

Pedersen thanked Kuzbari and Bahra for their “good conduct of the discussion.”

Pedersen noted progress in the level and method of discussion, even “if there was no progress in the agreed content.”

The UN envoy expressed concern that “continuing discussion at this pace may require years before reaching final formulations.”

Accordingly, he vowed to consult with everyone to develop better mechanisms before the ninth round, which is slated for 25-29 July.

Pedersen said that he agreed with Kuzbari and Bahra on the importance of finding ways to speed up the pace of work and achieve results.



ICC Rejects Israeli Bid to Halt Gaza War Investigation

Tents of internally displaced Palestinian families seen among the ruins of destroyed buildings in Al-Zaitun neighborhood during a rainy day in the east of Gaza City on, 12 December 2025, amid a ceasefire between Israel and Hamas. (EPA)
Tents of internally displaced Palestinian families seen among the ruins of destroyed buildings in Al-Zaitun neighborhood during a rainy day in the east of Gaza City on, 12 December 2025, amid a ceasefire between Israel and Hamas. (EPA)
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ICC Rejects Israeli Bid to Halt Gaza War Investigation

Tents of internally displaced Palestinian families seen among the ruins of destroyed buildings in Al-Zaitun neighborhood during a rainy day in the east of Gaza City on, 12 December 2025, amid a ceasefire between Israel and Hamas. (EPA)
Tents of internally displaced Palestinian families seen among the ruins of destroyed buildings in Al-Zaitun neighborhood during a rainy day in the east of Gaza City on, 12 December 2025, amid a ceasefire between Israel and Hamas. (EPA)

Appeals judges at the International Criminal Court (ICC) on Monday rejected one in a series of legal challenges brought by Israel against the court's probe into its conduct of the Gaza war.

On appeal, judges refused to overturn a lower court decision that the prosecution's investigation into alleged crimes under its jurisdiction could include events following the deadly attack on Israel by the Palestinian group Hamas on October 7, 2023.

The ruling means the investigation continues and the arrest warrants issued last year for Israeli Prime Minister Benjamin Netanyahu and his former defense chief Yoav Gallant remain in place.

Israel rejects the jurisdiction of the Hague-based court and denies war crimes in Gaza, where it has waged a military campaign it says is aimed at eliminating Hamas following the October 7 attacks.

The ICC initially also issued a warrant for Hamas leader Ibrahim al-Masri for alleged war crimes and crimes against humanity, but withdrew that later following credible reports of his death.

A ceasefire agreement in the conflict took effect on October 10, but the war destroyed much of Gaza’s infrastructure, and living conditions are dire.

According to Gaza health officials, whose data is frequently cited with confidence by the United Nations, some 67,000 Palestinians have been killed by Israel in Gaza.

This ruling focuses on only one of several Israeli legal challenges against the ICC investigations and the arrest warrants for its officials. There is no timeline for the court to rule on the various other challenges to its jurisdiction in this case.


Gaza Struggles to Pull Bodies From Rubble as Storms Rock Damaged Buildings

A general view of a residential building damaged during the war, in Gaza City, December 14, 2025. REUTERS/Dawoud Abu Alkas
A general view of a residential building damaged during the war, in Gaza City, December 14, 2025. REUTERS/Dawoud Abu Alkas
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Gaza Struggles to Pull Bodies From Rubble as Storms Rock Damaged Buildings

A general view of a residential building damaged during the war, in Gaza City, December 14, 2025. REUTERS/Dawoud Abu Alkas
A general view of a residential building damaged during the war, in Gaza City, December 14, 2025. REUTERS/Dawoud Abu Alkas

Authorities in Gaza warned on Monday that more war-damaged buildings may collapse because of heavy rain in the devastated Palestinian enclave and said the weather was making it hard to recover bodies still under the rubble.

Two buildings collapsed in Gaza on Friday, killing at least 12 people according to local health authorities, amid a storm that has also washed away and flooded tents, and led to deaths from exposure.

Israel and Hamas agreed to a ceasefire in October after two years of intense bombardment and military operations, but humanitarian agencies say there is still very little aid getting into Gaza, where nearly the entire population is homeless.

Gaza Civil Defense spokesman Mahmoud Basal called on the international community to provide mobile homes and caravans for displaced Palestinians rather than tents.

"If people are not protected today we will witness more victims, more killing of people, children, women, entire families inside these buildings," he said.

Mohammad Nassar and his family were living in a six-storey building that was badly damaged by Israeli strikes earlier in the war, and then collapsed on Friday.

His family had struggled to find alternative accommodation and had been flooded out while living in a tent during a previous bout of bad weather. Nassar went out to buy some necessities on Friday and returned to a scene of carnage with rescue workers struggling to pull bodies from the rubble.

"I saw my son's hand sticking out from under the ground. It was the scene that affected me the most. My son under the ground and we are unable to get him out," Nassar said. His son, 15, died, as did a daughter, aged 18.

Gaza authorities are meanwhile still digging to recover around 9,000 bodies they estimate remain buried in rubble from Israeli bombing during the war, but they lack the machinery needed to expedite the work, spokesman Ismail al-Thawabta said.

On Monday, rescue workers retrieved the remains of around 20 people from a multi-storey building bombed in December 2023 where around 60 people, including 30 children, were believed to be sheltering.


Mother of Jailed French Journalist Asks Algerian President for Pardon

This undated handout photograph, courtesy of the Gleizes family, released on June 30, 2025, shows Christophe Gleizes, a prominent French sports journalist, at an unknown location. © So Press/RSF via AFP
This undated handout photograph, courtesy of the Gleizes family, released on June 30, 2025, shows Christophe Gleizes, a prominent French sports journalist, at an unknown location. © So Press/RSF via AFP
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Mother of Jailed French Journalist Asks Algerian President for Pardon

This undated handout photograph, courtesy of the Gleizes family, released on June 30, 2025, shows Christophe Gleizes, a prominent French sports journalist, at an unknown location. © So Press/RSF via AFP
This undated handout photograph, courtesy of the Gleizes family, released on June 30, 2025, shows Christophe Gleizes, a prominent French sports journalist, at an unknown location. © So Press/RSF via AFP

The mother of jailed French journalist Christophe Gleizes wrote a letter to Algeria's president requesting he pardon her son from his seven-year sentence on terror-related charges.

Gleizes, a sportswriter, was convicted of "glorifying terrorism" in June.

"I respectfully ask you to consider granting Christophe a pardon, so that he may regain his freedom and his family," Sylvie Godard wrote in the letter, which was dated December 10 and seen by AFP on Monday.

Gleizes's lawyers are also seeking a new trial with the country's highest court.

Gleizes was arrested in May 2024 while travelling to northeastern Algeria's Kabylia region to write about the country's most decorated football club, Jeunesse Sportive de Kabylie.

In 2021, he met the head of the Movement for the Self-Determination of Kabylie (MAK), a foreign-based group designated a terrorist organization by Algiers.

At this month's appeal hearing, Gleizes said he did not know the MAK had been listed as a terrorist organization, and asked the court's forgiveness for his "journalistic mistakes".

An Algerian appeals court upheld his sentence this month, a decision his mother called "incomprehensible".

"Nowhere in any of his writings will you find any trace of statements hostile to Algeria and its people," she wrote in her letter to President Abdelmadjid Tebboune.

Gleizes is currently France's only journalist imprisoned abroad, according to rights group Reporters Without Borders (RSF), and French President Emmanuel Macron has vowed to work towards his release.

Gleizes's jailing comes at a time of diplomatic friction between Paris and Algiers after France last year officially backed Moroccan sovereignty over the disputed Western Sahara region, where Algeria backs the pro-independence Polisario Front.