Minutes of Agreement (between Ahrar al-Sham (AAS) and Jaysh al-Fatah, Idlib)

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Country/entity: Syria
Region: Middle East and North Africa
Agreement name: Minutes of Agreement (between Ahrar al-Sham (AAS) and Jaysh al-Fatah, Idlib)
Date: 21 Jul 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Syrian Conflicts (1948 - ) (1976 - 2005) (2011 - )
The agreements relate to three different conflict contexts. Israel-Syria and Syria-Lebanon. The Syrian-Israeli conflict was a key factor for the Syrian intervention during the Lebanese Civil War, with Syrian-backed Palestinian Liberation Army units intervened in 1976 against the Palestinian/Leftist militias. Following a massacre at Tel al-Zaatar that year, Syria was forced to accept a ceasefire at a meeting of the Arab League. However, the Arab League also mandated an Arab Deterrence Force, consisting of mostly Syrian soldiers with token contributions from other Arab League states, thus further legitimizing the Syrian presence in Lebanon. During a second bout of fighting that began in 1989, caused by the formation of rival Lebanese regimes in East and West Beirut, the Syrian-backed regime won and in 1991 the ‘Treaty of Brotherhood, Cooperation and Coordination’ was signed to legalize the Syrian occupation as a means to ensure the security of Syria. Syrian forces were forced to withdraw in 2005 following possible involvement in the assassination of Lebanon’s President Hariri.

Syria-internal. In 2011, domestic upheaval following a wave of protests across the Arab World soon led to violent repression of protestors by Syrian government troops. The violence progressed steadily and by July 2011 the Free Syrian Army (FSA) was formed consisting of defected military units and new recruits. The FSA and rebel umbrella group known as the Syrian National Council represented the first attempt at coordinating rebel factions in late 2011. However, a steady influx of foreign fighters and increased sectarianism radicalised opposition groups, which relied on foreign funding. The nature of the conflict changed drastically in late 2013 as infighting among the opposition groups increased. One of the more significant developments was the split between the al-Qaeda outfits the Islamic State in Iraq and the Levant (ISIL, ISIS), and Jabhat al-Nusra in early 2014 in addition to the intensified targeting of other rebel factions by ISIS fighters in particular, including the Kurdish Peshmerga, the FSA and other jihadist outfits. Since the summer of 2014, the conflict was further internationalized when ISIS announced the formation of an Islamic state eroding the state line between Iraq and Syria and also in mid-2015 when Russian forces intervened on behalf of the Bashar al-Assad government in Damascus.
Stage: Pre-negotiation/process
Conflict nature: Inter-group
Peace process: Syrian Local Agreements
Parties: Side one: Harakat Ahrar al-Sham al-Islamiyya, represented by Brother Doctor Hussein and Abu Ahmed Tarmanin, member of the Shura of Jaysh al-Fatah [Signed]

Side two: Jund al-Aqsa, represented by Brother Khalid Khatib and Abu Hashim Miri, member of the Shura Council of al-Fatah [Signed]
Third parties: Judicial Committee of Jaysh al-Fatah : Sheikh Abdu al-Rizaq al-Mahdi, Abu Jabir al-Hamawi, Abu al-Harith al-Misri, Abu Islam al-Hamawi (and) al-Mu’tasim b-Allah al-Jazrawi.
Description: Ruling issued by the Presidency of the Shura Council of Idlib on behalf of the Idlib Judicial Committee of Jaysh al-Fatah providing for 9 items: (1) that the dispute be solved by the Judicial Committee; (2) that barracades be pulled back; (3, 4 & 5) that the prisoners and dead are exchanged; (6 & 7) assigning representatives from both parties; and that (8) the media hostilities end and to solve the 'judicial file' as soon as possible.

Agreement document: SY_160721_Minutes of Agreement_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): SY_160721_Minutes of Agreement_AR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, 8. Both sides will cease their media escalation.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: [Summary] Agreement is the product of arbitration by the Judicial Committee of Jaysh al-Fatah.

Page 1, 1. The problem will be referred to the Judicial Committee.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 2. The two sides will pull back their barricades.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, 5. Both sides will immediately release their detainees.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 1, 3. The deceased Jund al-Aqsa soldiers will immediately be handed over to the Executive Force of Jaysh al-Fatah.

Page 1, 4. The deceased of Harakat Ahrar al-Sham al-Islamiyya will be handed over to their families after a medical examiner has seen them.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Syria Live Map: https://syria.liveuamap.com/en/2016/22-july-agreement-between-ahrar-alshamjund-alaqsa-has-been

al-Abasirah (2017), Al-Aqsa Soldiers Organization .. the full story, April 15, https://web.archive.org/save/https://alabasirah.com/node/573

In the name of Allah the Merciful

Date:

16/10/1437 Jaysh al-Fatah

Corresponding date:

21/07/2016

Presidency of the Shura Council of Idlib

Minutes of Agreement

Side one:

Harakat Ahrar al-Sham al-Islamiyya, represented by Brother Doctor Hussein and Abu Ahmed Tarmanin, member of the Shura of Jaysh al-Fatah.

Side two:

Jund al-Aqsa, represented by Brother Khalid Khatib and Abu Hashim Miri, member of the Shura Council of al-Fatah.

Have agreed to refer the current dispute in Oram between the two sides to the following Judicial Committee:

Sheikh Abdu al-Rizaq al-Mahdi, Abu Jabir al-Hamawi, Abu al-Harith al-Misri, Abu Islam al-Hamawi (and) al-Mu’tasim b-Allah al-Jazrawi.

The following terms have been agreed:

The problem will be referred to the Judicial Committee.

The two sides will pull back their barricades.

The deceased Jund al-Aqsa soldiers will immediately be handed over to the Executive Force of Jaysh al-Fatah.

The deceased of Harakat Ahrar al-Sham al-Islamiyya will be handed over to their families after a medical examiner has seen them.

Both sides will immediately release their detainees.

Brother Doctor Hussein will be the one responsible for bringing any items from Harakat Ahrar al-Sham al-Islamiyya upon the request of the Council of Justice of Jaysh al-Fatah.

Brother Khalid Khatib will be the one responsible for bringing any items from Jund al-Aqsa upon the request of the Council of Justice of Jaish al-Fatah.

Both sides will cease their media escalation.

The judicial file will be terminated as soon as possible.

Side one, Doctor Hussein [illegible]

Side two, Khaled Khatib [illegible]

Members of the Presidency of the Shura Council of Idlib

- Abdi al-Rahmin al-Zurba [illegible]

- Abu al-Hassan [illegible]

- Bundur al-Jazrawi [illegible]

- Abu Ibrahim [illegible]