Agreement between Ahrar al-Sham (AAS) and Jabhat Fatah al-Sham (JFS) signed by al-Jawlani and al-Hamawi

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Country/entity: Syria
Region: Middle East and North Africa
Agreement name: Agreement between Ahrar al-Sham (AAS) and Jabhat Fatah al-Sham (JFS) signed by al-Jawlani and al-Hamawi
Date: 10 Oct 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: Ceasefire/related
Conflict nature: Inter-group
Peace process: Syrian Local Agreements
Parties: Deputy General Commander, Ahrar al-Sham, al-Hamawi;
Official from Jabhat Fatah al-Sham, Abu Sa’ad al-Jawlani
Third parties: -
Description: Ceasefire agreement providing for the opening of roads, release of prisoners, the absorbtion of Jund al-Aqsa into Jabhat al-Fatah al-Sham; the trial of individuals affiliated with the Syrian regime, Islamic State, and those accused of the murder of Abu Munir Badub, as well as the selection of judges for the court.

Agreement document: SY_161010_Agreement between Ahrar al-Sham and Jabhat Fatah Sham_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): SY_161010_Agreement between Ahrar al-Sham and Jabhat Fatah Sham_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: Power sharing→Military power sharing→Other
Page 1, 5. In Sarmin [Idlib], everything will return to the way it was, and the JFS will manage Jund al- Aqsa’s checkpoints, in addition to other locations by agreement between the two parties.

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: No specific mention.
Mobility/access: Page 1, 1. All parties agree to an immediate ceasefire and all roads, previously closed, will be opened.
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: Page 1, 2. All detainees will be released in less than 24 hours, except those accused of being connected with the Khawarij [Islamic State of Iraq and Syria (ISIS)] who will be placed before the court [detailed in the next point]. 

Page 1, 3. A court will be created consisting of two judges from Jabhat Fatah al-Sham1(JFS), two judges from Ahrar al-Sham, and one independent [judge], the names of whom have already been agreed upon. The court will judge those accused of murder, specifically the killing of Abu Munir Dabus (Allah have Mercy on his Soul) and the event in Kafersajnah [Idlib], or those accused of being connected to ISIS, or other accusations. The court will assemble in less than 24 hours. Both JFS and Ahrar al-Sham vow to bring anyone that the court demands.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. All parties agree to an immediate ceasefire and all roads, previously closed, will be opened.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 4. Jund al-Aqsa’s pledge of allegiance to the JFS marks its complete disbandment and absorption into JFS, this means that the JFS will cease to exist in any form or name now and in the future.

Page 1, 5. In Sarmin [Idlib], everything will return to the way it was, and the JFS will manage Jund al- Aqsa’s checkpoints, in addition to other locations by agreement between the two parties.
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, 2. All detainees will be released in less than 24 hours, except those accused of being connected with the Khawarij [Islamic State of Iraq and Syria (ISIS)] who will be placed before the court [detailed in the next point].
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
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: al-Souriat, October 2016, http://www.souriat.com/2016/10/31191.html

Agreement between Ahrar al-Sham and Jabhat Fatah al-Sham

10 October 2016

In the name of Allah, the beneficent, the merciful

1. All parties agree to an immediate ceasefire and all roads, previously closed, will be opened.

2. All detainees will be released in less than 24 hours, except those accused of being connected with the Khawarij [Islamic State of Iraq and Syria (ISIS)] who will be placed before the court [detailed in the next point].

3. A court will be created consisting of two judges from Jabhat Fatah al-Sham (JFS), two judges from Ahrar al-Sham, and one independent [judge], the names of whom have already been agreed upon.

The court will judge those accused of murder, specifically the killing of Abu Munir Dabus (Allah have Mercy on his Soul) and the event in Kafersajnah [Idlib], or those accused of being connected to ISIS, or other accusations.

The court will assemble in less than 24 hours.

Both JFS and Ahrar al-Sham vow to bring anyone that the court demands.

4. Jund al-Aqsa’s pledge of allegiance to the JFS marks its complete disbandment and absorption into JFS, this means that the JFS will cease to exist in any form or name now and in the future.

5. In Sarmin [Idlib], everything will return to the way it was, and the JFS will manage Jund al- Aqsa’s checkpoints, in addition to other locations by agreement between the two parties.

Note:

The gathered forces will only retreat when the aforementioned court announces that it has effectively begun its duties.

Signed by:

Deputy General Commander, Ahrar al-Sham, al-Hamawi

Official from Jabhat Fatah al-Sham, Abu Sa’ad al-Jawlani