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.



Israel to Take More West Bank Powers and Relax Settler Land Buys

A view of Israeli settlement of Maale Adumim, in the West Bank, Sunday, June 18, 2023. (AP)
A view of Israeli settlement of Maale Adumim, in the West Bank, Sunday, June 18, 2023. (AP)
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Israel to Take More West Bank Powers and Relax Settler Land Buys

A view of Israeli settlement of Maale Adumim, in the West Bank, Sunday, June 18, 2023. (AP)
A view of Israeli settlement of Maale Adumim, in the West Bank, Sunday, June 18, 2023. (AP)

Israel's security cabinet approved a series of steps on Sunday that would make it easier for settlers in the occupied West Bank to buy land while granting Israeli authorities more enforcement powers over Palestinians, Israeli media reported.

The West Bank is among the territories that the Palestinians seek for a future independent state. Much of it is under Israeli military control, with limited Palestinian self-rule in some areas run by the Western-backed Palestinian Authority (PA).

Citing statements by Finance Minister Bezalel Smotrich and Defense Minister Israel Katz, Israeli news sites Ynet and Haaretz said the measures included scrapping decades-old regulations that prevent Jewish private citizens buying land in the West Bank, The AP news reported.

They were also reported to include allowing Israeli authorities to administer some religious sites, and expand supervision and enforcement in areas under PA administration in matters of environmental hazards, water offences and damage to archaeological sites.

Palestinian President Mahmoud Abbas said the new measures were dangerous, illegal and tantamount to de-facto annexation.

The Israeli ministers did not immediately respond to requests for comment.

The new measures come three days before Prime Minister Benjamin Netanyahu is scheduled to meet in Washington with US President Donald Trump.

Trump has ruled out Israeli annexation of the West Bank but his administration has not sought to curb Israel's accelerated settlement building, which the Palestinians say denies them a potential state by eating away at its territory.

Netanyahu, who is facing an election later this year, deems the establishment of any Palestinian state a security threat.

His ruling coalition includes many pro-settler members who want Israel to annex the West Bank, land captured in the 1967 Middle East war to which Israel cites biblical and historical ties.

The United Nations' highest court said in a non-binding advisory opinion in 2024 that Israel's occupation of Palestinian territories and settlements there is illegal and should be ended as soon as possible. Israel disputes this view.


Arab League Condemns Attack on Aid Convoys in Sudan

A general view shows the opening session of the meeting of Arab foreign ministers at the Arab League Headquarters (Reuters)
A general view shows the opening session of the meeting of Arab foreign ministers at the Arab League Headquarters (Reuters)
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Arab League Condemns Attack on Aid Convoys in Sudan

A general view shows the opening session of the meeting of Arab foreign ministers at the Arab League Headquarters (Reuters)
A general view shows the opening session of the meeting of Arab foreign ministers at the Arab League Headquarters (Reuters)

Arab League Secretary-General Ahmed Aboul Gheit strongly condemned the attack by the Rapid Support Forces on humanitarian aid convoys and relief workers in North Kordofan State, Sudan.

In a statement reported by SPA, secretary-general's spokesperson Jamal Rushdi quoted Aboul Gheit as saying the attack constitutes a war crime under international humanitarian law, which prohibits the deliberate targeting of civilians and depriving them of their means of survival.

Aboul Gheit stressed the need to hold those responsible accountable, end impunity, and ensure the full protection of civilians, humanitarian workers, and relief facilities in Sudan.


Gaza's Rafah Crossing Reopens, Allowing Limited Travel as Palestinians Claim Delays, Mistreatment

Ayada Al-Sheikh is welcomed by his sister, Nisreen, upon his arrival in Khan Younis in the southern Gaza Strip after returning to Gaza following the long-awaited reopening of the Rafah border crossing, early Thursday, Feb. 5, 2026. (AP Photo/Abdel Kareem Hana)
Ayada Al-Sheikh is welcomed by his sister, Nisreen, upon his arrival in Khan Younis in the southern Gaza Strip after returning to Gaza following the long-awaited reopening of the Rafah border crossing, early Thursday, Feb. 5, 2026. (AP Photo/Abdel Kareem Hana)
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Gaza's Rafah Crossing Reopens, Allowing Limited Travel as Palestinians Claim Delays, Mistreatment

Ayada Al-Sheikh is welcomed by his sister, Nisreen, upon his arrival in Khan Younis in the southern Gaza Strip after returning to Gaza following the long-awaited reopening of the Rafah border crossing, early Thursday, Feb. 5, 2026. (AP Photo/Abdel Kareem Hana)
Ayada Al-Sheikh is welcomed by his sister, Nisreen, upon his arrival in Khan Younis in the southern Gaza Strip after returning to Gaza following the long-awaited reopening of the Rafah border crossing, early Thursday, Feb. 5, 2026. (AP Photo/Abdel Kareem Hana)

A limited number of Palestinians were able to travel between Gaza and Egypt on Sunday, after Gaza's Rafah crossing reopened after a two-day closure, Egyptian state media reported.

The vital border point opened last week for the first time since 2024, one of the main requirements for the US-backed ceasefire. The crossing was closed Friday and Saturday because of confusion about reopening operations.

Egypt's Al Qahera television station said that Palestinians began crossing in both directions around noon on Sunday. Israel didn't immediately confirm the information, according to The AP news.

Meanwhile, Israeli Prime Minister Benjamin Netanyahu is expected to travel to Washington this week, though the major subject of discussion will be Iran, his office said.

Over the first four days of the crossing's opening, just 36 Palestinians requiring medical care were allowed to leave for Egypt, plus 62 companions, according to UN data, after Israel retrieved the body of the last hostage held in Gaza and several American officials visited Israel to press for the opening.

Palestinian officials say nearly 20,000 people in Gaza are seeking to leave for medical care that isn't available in the territory. Those who have succeeded in crossing described delays and allegations of mistreatment by Israeli forces and other groups involved in the crossing, including an Israeli-backed Palestinian armed group, Abu Shabab.

A group of Palestinian patients and wounded gathered Sunday morning in the courtyard of a Red Crescent hospital in Gaza’s southern city of Khan Younis, before making their way to the Rafah crossing with Egypt for treatment abroad, family members told The Associated Press.

Amjad Abu Jedian, who was injured in the war, was scheduled to leave Gaza for medical treatment on the first day of the crossing’s reopening, but only five patients were allowed to travel that day, his mother, Raja Abu Jedian, said. Abu Jedian was shot by an Israeli sniper while he doing building work in the central Bureij refugee camp in July 2024, she said.

On Saturday, his family received a call from the World Health Organization notifying them that he is included in the group that will travel on Sunday, she said.

“We want them to take care of the patients (during their evacuation),” she said. “We want the Israeli military not to burden them.”

The Israeli defense branch that oversees the operation of the crossing didn't immediately confirm the opening.

Heading back to Gaza A group of Palestinians also arrived Sunday morning at the Egyptian side of the Rafah crossing to return to the Gaza Strip, Egypt’s state-run Al-Qahera News satellite television reported.

Palestinians who returned to Gaza in the first few days of the crossing's operation described hours of delays and invasive searches by Israeli authorities and Abu Shabab. A European Union mission and Palestinian officials run the border crossing, and Israel has its screening facility some distance away.

The crossing was reopened on Feb. 2 as part of a fragile ceasefire deal to halt the Israel-Hamas war.

The Rafah crossing, an essential lifeline for Palestinians in Gaza, was the only one in the Palestinian territory not controlled by Israel before the war. Israel seized the Palestinian side of Rafah in May 2024, though traffic through the crossing was heavily restricted even before that.

Restrictions negotiated by Israeli, Egyptian, Palestinian and international officials meant that only 50 people would be allowed to return to Gaza each day and 50 medical patients — along with two companions for each — would be allowed to leave, but far fewer people have so far crossed in both directions.

A senior Hamas official, Khaled Mashaal, said the militant group is open to discuss the future of its arms as part of a “balanced approach” that includes the reconstruction of Gaza and protecting the Palestinian enclave from Israel.

Mashaal said the group has offered multiple options, including a long-term truce, as part of its ongoing negotiations with Egyptian, Qatari and Turkish mediators.

Hamas plans to agree to a number of “guarantees,” including a 10-year period of disarmament and an international peacekeeping force on the borders, “to maintain peace and prevent any clashes,” between the militants and Israel, Mashaal said at a forum in Qatar’s capital, Doha.

Israel has repeatedly demanded a complete disarmament and destruction of Hamas and its infrastructure, both military and civil.

Mashaal accused Israel of financing and arming militias, like the Abu Shabab group which operates in Israeli military-controlled areas in Gaza, “to create chaos” in the enclave.

In the forum, Mashaal was asked about Hamas’ position from US President Donald Trump’s Board of Peace. He didn’t offer a specific answer, but said that the group won’t accept “foreign intervention” in Palestinian affairs.

“Gaza is for the people of Gaza. Palestinians are for the people of Palestine,” he said. “We will not accept foreign rule.”