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.



How Gaza Armed Gangs Recruit New Members

Security personnel guard trucks carrying aid as they arrive in Rafah, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in the southern Gaza Strip January 17, 2024. (Reuters)
Security personnel guard trucks carrying aid as they arrive in Rafah, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in the southern Gaza Strip January 17, 2024. (Reuters)
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How Gaza Armed Gangs Recruit New Members

Security personnel guard trucks carrying aid as they arrive in Rafah, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in the southern Gaza Strip January 17, 2024. (Reuters)
Security personnel guard trucks carrying aid as they arrive in Rafah, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in the southern Gaza Strip January 17, 2024. (Reuters)

As Hamas moves to strike armed gangs operating in areas of the Gaza Strip under Israeli army control, the groups are responding with defiance, stepping up efforts to recruit young men and expand their ranks.

Videos posted on social media show training exercises and other activities, signaling that the gangs remain active despite pressure from Hamas security services.

Platforms affiliated with Hamas security say some members have recently turned themselves in following mediation by families, clans and community leaders. The gangs have not responded to those statements. Instead, they occasionally broadcast footage announcing new recruits.

Among the most prominent was Hamza Mahra, a Hamas activist who appeared weeks ago in a video released by the Shawqi Abu Nasira gang, which operates north of Khan Younis and east of Deir al-Balah.

Mahra’s appearance has raised questions about how these groups recruit members inside the enclave.

Field sources and others within the security apparatus of a Palestinian armed faction in Gaza told Asharq Al-Awsat that Mahra’s case may be an exception. They described him as a Hamas activist with no major role, despite his grandfather being among the founders of Hamas in Jabalia.

His decision to join the gang was driven by personal reasons linked to a family dispute, they said, not by organizational considerations.

The sources said the gangs exploit severe economic hardship, luring some young men with money, cigarettes and other incentives. Some recruits were heavily indebted and fled to gang-controlled areas to avoid repaying creditors.

Others joined in search of narcotic pills, the sources said, noting that some had previously been detained by Hamas-run security forces on similar charges. Economic hardship and the need for cigarettes and drugs were among the main drivers of recruitment, they added, saying the gangs, with Israeli backing, provide such supplies.

Resentment toward Hamas has also played a role, particularly among those previously arrested on criminal or security grounds and subjected to what the sources described as limited torture during interrogations under established procedures.

According to the sources, some founders or current leaders of the gangs previously served in the Palestinian Authority security services.

They cited Shawqi Abu Nasira, a senior police officer; Hussam al-Astal, an officer in the Preventive Security Service; and Rami Helles and Ashraf al-Mansi, both former officers in the Palestinian Presidential Guard.

These figures, the sources said, approach young men in need and at times succeed in recruiting them by promising help in settling debts and providing cigarettes. They also tell recruits that joining will secure them a future role in security forces that would later govern Gaza.

The sources described the case of a young man who surrendered to Gaza security services last week. He said he had been pressured after a phone call with a woman who threatened to publish the recording unless he joined one of the gangs.

He later received assurances from another contact that he would help repay some of his debts and ultimately agreed to enlist.

During questioning, he said the leader of the gang he joined east of Gaza City repeatedly assured recruits they would be “part of the structure of any Palestinian security force that will rule the sector.”

The young man told investigators he was unconvinced by those assurances, as were dozens of others in the same group.

Investigations of several individuals who surrendered, along with field data, indicate the gangs have carried out armed missions on behalf of the Israeli army, including locating tunnels. That has led to ambushes by Palestinian factions.

In the past week, clashes in the Zaytoun neighborhood south of Gaza City and near al-Masdar east of Deir al-Balah left gang members dead and wounded.

Some investigations also found that the gangs recruited young men previously involved in looting humanitarian aid.


Israel Permits 10,000 West Bank Palestinians for Friday Prayers at Al Aqsa

Palestinians attend Friday prayers in a mosque following an attack that local Palestinians said was carried out by Israeli settlers, in the village of Deir Istiya near Salfit in the Israeli-occupied West Bank November 14, 2025. REUTERS/Sinan Abu Mayzer
Palestinians attend Friday prayers in a mosque following an attack that local Palestinians said was carried out by Israeli settlers, in the village of Deir Istiya near Salfit in the Israeli-occupied West Bank November 14, 2025. REUTERS/Sinan Abu Mayzer
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Israel Permits 10,000 West Bank Palestinians for Friday Prayers at Al Aqsa

Palestinians attend Friday prayers in a mosque following an attack that local Palestinians said was carried out by Israeli settlers, in the village of Deir Istiya near Salfit in the Israeli-occupied West Bank November 14, 2025. REUTERS/Sinan Abu Mayzer
Palestinians attend Friday prayers in a mosque following an attack that local Palestinians said was carried out by Israeli settlers, in the village of Deir Istiya near Salfit in the Israeli-occupied West Bank November 14, 2025. REUTERS/Sinan Abu Mayzer

Israel announced that it will cap the number of Palestinian worshippers from the occupied West Bank attending weekly Friday prayers at the Al-Aqsa Mosque in east Jerusalem at 10,000 during the holy month of Ramadan, which began Wednesday.

Israeli authorities also imposed age restrictions on West Bank Palestinians, permitting entry only to men aged 55 and older, women aged 50 and older, and children up to age 12.

"Ten thousand Palestinian worshippers will be permitted to enter the Temple Mount for Friday prayers throughout the month of Ramadan, subject to obtaining a dedicated daily permit in advance," COGAT, the Israeli defense ministry agency in charge of civilian matters in the Palestinian territories, said in a statement, AFP reported.

"Entry for men will be permitted from age 55, for women from age 50, and for children up to age 12 when accompanied by a first-degree relative."

COGAT told AFP that the restrictions apply only to Palestinians travelling from the West Bank, which Israel has occupied since the 1967 Arab-Israeli war.

"It is emphasised that all permits are conditional upon prior security approval by the relevant security authorities," COGAT said.

"In addition, residents travelling to prayers at the Temple Mount will be required to undergo digital documentation at the crossings upon their return to the areas of Judea and Samaria at the conclusion of the prayer day," it said, using the Biblical term for the West Bank.

During Ramadan, hundreds of thousands of Palestinians traditionally attend prayers at Al-Aqsa, Islam's third holiest site, located in east Jerusalem, which Israel captured in 1967 and later annexed in a move that is not internationally recognized.

Since the war in Gaza broke out in October 2023, the attendance of worshippers has declined due to security concerns and Israeli restrictions.

The Palestinian Jerusalem Governorate said this week that Israeli authorities had prevented the Islamic Waqf -- the Jordanian-run body that administers the site -- from carrying out routine preparations ahead of Ramadan, including installing shade structures and setting up temporary medical clinics.

A senior imam of the Al-Aqsa Mosque, Sheikh Muhammad al-Abbasi, told AFP that he, too, had been barred from entering the compound.

"I have been barred from the mosque for a week, and the order can be renewed," he said.

Abbasi said he was not informed of the reason for the ban, which came into effect on Monday.

Under longstanding arrangements, Jews may visit the Al-Aqsa compound -- which they revere as the site of the first and second Jewish temples -- but they are not permitted to pray there.

Israel says it is committed to upholding this status quo, though Palestinians fear it is being eroded.

In recent years, a growing number of Jewish ultranationalists have challenged the prayer ban, including far-right politician Itamar Ben Gvir, who prayed at the site while serving as national security minister in 2024 and 2025.


EU Exploring Support for New Gaza Administration Committee, Document Says

Palestinians push a cart past the rubble of residential buildings destroyed during the two-year Israeli offensives, in Gaza City, February 17, 2026. REUTERS/Mahmoud Issa
Palestinians push a cart past the rubble of residential buildings destroyed during the two-year Israeli offensives, in Gaza City, February 17, 2026. REUTERS/Mahmoud Issa
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EU Exploring Support for New Gaza Administration Committee, Document Says

Palestinians push a cart past the rubble of residential buildings destroyed during the two-year Israeli offensives, in Gaza City, February 17, 2026. REUTERS/Mahmoud Issa
Palestinians push a cart past the rubble of residential buildings destroyed during the two-year Israeli offensives, in Gaza City, February 17, 2026. REUTERS/Mahmoud Issa

The European Union is exploring possible support for a new committee established to take over the civil administration of Gaza, according to a document produced by the bloc's diplomatic arm and seen by Reuters.

"The EU is engaging with the newly established transitional governance structures for Gaza," the European External Action Service wrote in a document circulated to member states on Tuesday.

"The EU is also exploring possible support to the National Committee for the Administration of Gaza," it added.

European foreign ministers will discuss the situation in Gaza during a meeting in Brussels on February 23.