Syria Notes Diary

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Remembering Brian Slocock

17 APRIL 2024

We are very sad to learn of the passing of a valued contributor, Brian Slocock, who died this week after a long illness. A Senior Lecturer in Political Science at the University of Paisley, Brian was a dedicated researcher who in retirement committed his energies over several years to human rights work on Syria, and his insights were greatly appreciated by a community of journalists and activists.

Brian’s work for Syria Notes included the following articles:

The funeral will take place at Chester Crematorium, Chester CH1 5BB, at 2pm on Tuesday 30th April. Brian asked for no flowers, but suggested donations to Médecins Sans Frontières in his name.

In Daraa, the regime returns to war

4 AUGUST 2021
    
People fleeing the shelling of neighbourhoods in Daraa. Photo via @freedom4daraa on Twitter.


Last Friday we received this voice message from a doctor in Daraa, sent to us by WhatsApp:

Hello. The medical situation in Daraa is very difficult. The sole clinic that was serving people is closed because of regime shelling, and all the roads leading to it have snipers.

We already had significant shortages even before the latest attacks. We were completely depleted of medical resources, medicines, tools and equipment. We didn’t have anything.

There was a charity that promised to provide us with some of our needs. But the shelling started, and they didn’t provide us with any of our needs, any medicines or ways to treat patients.

Now, there is no medical care.

We have established a new medical point away from the areas under attack, but we are just putting bandages on, changing bandages on wounds.

All the long term illnesses, we can’t treat, and we don’t have the necessary medications, including anti inflammation, antibiotics and painkillers. All medicines required for long term diseases are completely lacking as well.


This crisis that the doctor describes is taking place within sight of the Jordanian border. But the border is now closed to aid, closed to the wounded, closed to families fleeing bombing. The UK has an immediate opportunity to help alleviate civilian suffering through its local ally.


Daraa’s decade

There is war again in Daraa. Assad regime forces and pro-regime Iranian militia are again inflicting siege, artillery and air bombardment on Daraa’s neighbourhoods.

Daraa city is in the very south of Syria. Its suburbs reach up to the border with Jordan. This is where Assad regime forces first opened fire on unarmed demonstrators in 2011, killing people in the street, and igniting the Syrian revolution.

After the revolution turned into full scale war, Daraa was for several years under the control of Free Syrian Army opposition groups. These groups were supported by the US government and its allies with training and arms via Jordan from late 2012 on.

In 2018, the Syrian regime together with Russian military forces regained nominal control of Daraa under a deal which gave a degree of autonomy to locals. The 2018 deal had an international aspect, where the Russian government as guarantors undertook to keep Assad’s other ally Iran out of the area. In return, the US and allies withdrew backing for the armed opposition in Daraa.

With their new offensive in Daraa, the Assad regime and its Iranian backers are now tearing up that deal by force.

There has been very little international attention given to Syria in the last year. Some, such as the Danish government which wants to pressure refugees to return, have indulged in the fantasy that the Syrian war is over. But every year since the war started someone or other has been saying it’s all over, and every year they have been proven wrong.

Previous years have shown that the Assad regime is incapable of achieving stability through force. This year, the collapse of the Daraa settlement is demonstrating Putin’s failure to secure stability.


A voice from Daraa

Later on Friday, we spoke to Sara in Daraa. She identifies herself as an aid activist and a media spokesperson. Sara is not her real name. We started by asking her, what is happening in Daraa now?

“The regime has besieged the area for a month now,” Sara said. 

“Three days ago the regime was shelling Daraa Al-Balad, the southern part of Daraa city, as well as Mukhayyam—The Camp. They also stopped the entry of any medical or food supplies.

“Fifty thousand civilians  are being besieged right now, including women, children and elderly. Medical supplies, infant milk, food and diapers are starting to run out from shops and from people’s homes.

“We had a single medical care clinic. It was bombed and snipers were positioned around it. So it’s not providing any services anymore. This was just a very basic medical clinic. It wasn’t equipped to treat victims of bombardment. We have a lot of civilians injured because of the shelling. We also need treatment for those with long term illnesses like heart conditions, diabetes, and high blood pressure, and those with kidney disease.

“When the road was open to the National Hospital, people who needed hospital treatment went there. People only went to the local medical clinic if they had something really simple to be treated.

“We were not besieged then. Daraa was open, but the regime forces were not allowed in. You could say that we had independent governance. Let me give you an idea about the area, Daraa Al-Balad, Al-Sad, and Mukhayyam. It’s under the control of the opposition. The regime forces were forbidden from coming inside. And this was agreed on in the 2018 settlement. 

“The people here kept their end of the agreement. And it’s been three years. It was calm. There was no bombardment. There was not a complete sense of security, but people living in this area felt a little bit of safety, because we were mostly out of regime hands. The regime did try to harass civilians, especially by detaining young men on checkpoints. But a calm persisted until this recent escalation.

“When Assad’s election happened, I’m sure you’ve heard, the whole of Houran—which is another local name for Daraa—Houran refused to participate in the election. There was no ballot box in all of Houran. And this is when the shelling started. The regime wants to force the people of Daraa to submit to its control.”


Evacuate the wounded

We asked Sara about civilians who have been injured in the bombardment. She said that their injuries are really severe.

“Yesterday there was someone who was injured and he needs an urgent surgery to have both his legs. We have no idea what to do, where to take him. Even if we had medical supplies, we can only treat very basic injuries. We can’t do operations. We can’t handle it.”

We asked whether it might be possible to evacuate injured civilians across the border, if the Jordanian government allowed access?

Sara explained that the area between the Jordanian border and Daraa city centre is Daraa Al-Balad. The border area west of that is Tal Shihab, and to the east is Nassib. “If they want to avoid Daraa Al-Balad, because that area has been under severe bombardment, the injured could be evacuated through the Nassib border crossing,” she said.

We asked Sara if she was afraid of a long term siege?

“Of course. A siege is death,” she said.

“We are afraid the regime will enter and commit massacres. They will kill the people. I’m sure you know, when the regime enters an area there is no mercy. No woman, no child, no baby, can receive mercy.

“We are calling for this military campaign to stop, and for us not to be forced to submit to the regime’s new conditions. And if that can’t happen, we want to be displaced. All of us, displace all of us, all the people of Daraa.

“We’ve been asking for this since day one of the latest military campaign. We want fifty thousand civilians to be taken outside of Syria to somewhere safe.”

We asked Sara if she thought this was a realistic demand? 

“Is what’s happening to us now realistic or logical?” Sara responded.

“We are being attacked by monsters with no reason. There is no reason for the regime to come and bomb an area of fifty thousand civilians. It has been non-stop from eight in the morning to ten at night. People have died. People have been injured. Is this realistic?

“If we are not allowed to live in our home safely with our dignity, it’s better for us to leave. All of us. A mass migration, a mass displacement. This is what we demand. If they can’t stop the attack on us, we want to be displaced.

“Just allow fifty thousand people to go to safety. Because everyone is watching. All these nations around the world are watching us. Nobody is doing anything. We’ve been asking them for a month.

“We are people of peace. We are not people of war. When the settlement happened, we agreed to conditions that were unfair. But we wanted to stop the bloodshed. And after the siege began, the Central Committee had said it was better to try to get an agreement and to implement it. Better than seeing people suffering. But we were betrayed by the regime. On the first day we started implementing the agreement, the regime betrayed us and bombed us.

“They surprised us with the entry of militias like the Radwan militia, Iranian and Shia militias, the Fourth Division, the Ninth Division, and the National Arab Guard. This is documented. You can see pictures of them. This is all over social media.”


The people of Daraa

We asked Sara to tell us more about the role of the Central Committee. 

“They are local people from Daraa, civilians, a lawyer, a doctor, a retired army officer,” Sara explained. 

“Their task was to communicate with the regime when it was needed. They were supervising the rebuilding of infrastructure, the return of water, the return of communication and phone networks, how aid was entering and being distributed to people. They were controlling the area, especially young men who had deserted the regime army and who had got a deal with the regime. The Central Committee made sure they didn’t break the terms of the agreements, so that no violation happened from our side that might give the regime any excuses.”

Daraa is a city that was already suffering hardship. Under the 2018 settlement, people were supposed to be allowed to return to their work, but most people in government employment lost their jobs, Sara tells us. Only a very small number were allowed  back. “You could count them on one hand,” she says. So some worked as day labourers. Some as drivers of taxis, or vans and trucks. But this was before the roads were closed. Most people have been living day to day. People who have relatives outside of Syria rely on them sending money.

“Ten years of war had wiped out all our infrastructure,” Sara says. “After 2018, there was some sort of rebuilding, some rehabilitation of the area. And every three or four months, aid from the UN would enter Daraa, the food baskets, which I’m sure are familiar to you.”

These UN aid convoys were coming from Damascus, and so were subject to regime permission to reach Daraa. Were the food baskets enough, we asked? 

“Of course not,” Sara replies. 

“Do you know what the contents of the basket was? It had six bottles of cooking oil, five kilos of sugar, two kilos of lentils, two kilos of chickpeas, and rice—but it was inedible, really bad. The aid baskets were only very basic food essentials, every three or four months. How would this be enough for a family? It could last for a month or so. But people can’t live just on that. Can you live just on that?”


A message for the UK government

Did Sara have any direct message to the British government?

“To be honest, the British government used to help us a lot. I worked in a lot of organisations funded by the UK government, Syrian civil society organisations, the White Helmets, and Halo Trust, I used to work there as an employee. 

“But the UK government has a very negative role on the whole. If they wanted, they could put pressure on Jordan, either to provide us with a path to seek asylum, or at least to get the injured evacuated.

“The British government could still help the Syrian people because it’s a great nation and it has its way in the region. But it’s not doing so.”

“The thing I really want to say is how much bitterness I have inside. The international community, the humanitarian organisations, they know what’s happening. They have known for the last ten years. And they did nothing. They didn’t help us.

“And maybe they couldn’t. I don’t know the reason why they’re not helping. But we did reach out. We did make our voices heard. We’ve been making our voices heard since day one.

“We don’t have trust in them anymore. That’s what is heartbreaking. We have no trust whatsoever. They all could put a stop to the regime’s aggression. But they are all just watching.”

Did Sara think that Russia’s role as the guarantor of the 2018 agreement had been successful? 

“No,” she said. 

“No, because they’re not a true guarantor. They have no role in what’s happening right now. They completely vanished. The Russians stood in front of one hundred and twenty world nations and said they were going to guarantee the safety of this area. They were going to bring peace and nobody was going to be attacked or harassed. That was the agreement. Where are they now? Where is the Russian guarantor? 

“Here, every nation that has an interest works to its own agenda. Iran is doing its own thing, the regime is doing its own thing, and Russia is doing its own thing. In this latest escalation, Russia is just watching and doing nothing. What is the meaning of being a guarantor if they are going to do nothing? If you can’t control the area, if you can’t control the other forces, why are you playing the role of a guarantor? We have kept our end of the deal. We didn’t break any of these conditions. The only people who broke was the regime side. And the Russians know that. 

“Until now, the Russians are just watching us being attacked. It seems to us that they have left the door open to the Iranians. You know that the Russian guarantor, before the latest escalation, threatened us that if we don’t comply, they are going to allow Shia militia to come, Iranian militia?”

Sara said that members of the Central Committee were threatened when they were negotiating with the Russian general. “He said I’m going to bring Shia militia to fight you,” she said. “That’s why things escalated. This happened a month ago.” And this threat was issued personally to members of the committee? “Yes,” she said. “Yes, to them personally.”

We asked Sara why she thought that Iranian militias were interested in Daraa? 

“Because they want to do what they want to complete their Shia crescent project,” she explained. 

“I’m sure Iran works on long term plans. They want to occupy the whole Arab region. They want Daraa, because Daraa is a crossing toward Jordan and toward Saudi Arabia. This is an international political issue. It’s not just about Daraa. But people outside of Syria don’t understand that. They don’t understand that what’s happening in Daraa is going to affect other nations.

“Iran, if they could, would displace the whole of the Syrian people and replace them with people from Iran. They would be happy to do it. Exactly as they did in Ghouta.”


Cross-border aid

The last Syria event to catch some international attention was the debate at the UN Security Council in early July over cross-border delivery of UN aid. A resolution on the 9th of July authorised the continued use of a single route for UN aid, the Bab al-Hawa crossing from Turkey to opposition-held Idlib province in northwest Syria, far from Daraa. This was the latest in a series of Security Council resolutions on cross-border aid that have come in response to Assad regime restrictions on humanitarian access.

The Assad regime was first seen to be restricting humanitarian aid access in April 2011 when its army first laid siege to Daraa. At that point popular protests had been continuing for over a month, and the number of protesters reported killed by regime forces was already in the hundreds. For at least eleven days, the residents of Daraa were deprived of food and water from outside.

The Assad regime’s siege strategy expanded over the following years, to a scale not fully understood by international agencies. In its March 2015 report, Slow Death: Life and Death in Syrian Communities Under Siege, the Syrian American Medical Society estimated that more than 640,200 people were then living under long-term siege in Syria, more than three times the number given at the time by UN OCHA.

By February 2016, Siege Watch, a research project backed by the Dutch peace organisation PAX, showed that there were well over 1,000,000 Syrians under siege. These sieges involved not just cutting humanitarian access, but also attacks targeting populated areas with artillery and air bombardment.

Against this background, the Security Council passed a series of resolutions calling for unobstructed humanitarian access.

Resolution 2139 in February 2014 demanded an end to “all attacks against civilians,” including “shelling and aerial bombardment, such as the use of barrel bombs,” and called on “all parties to immediately lift the sieges of populated areas,” and also demanded that “all parties allow the delivery of humanitarian assistance, including medical assistance, cease depriving civilians of food and medicine indispensable to their survival.”

But with no enforcement of Resolution 2139, the bombing and the sieges continued. Resolution 2165 in July 2014 responded by institutionalising a system for cross-border aid, deciding that UN humanitarian agencies and their implementing partners were “authorized to use routes across conflict lines and the border crossings of Bab al-Salam, Bab al-Hawa, Al Yarubiyah and Al-Ramtha, in addition to those already in use.” The authorisation was renewed in resolutions every year up to December 2018.

The use of these crossings meant that border areas outside Assad regime control were able to receive UN aid without the regime being able to block deliveries. Besieged areas further inside Syria that were surrounded by Assad forces weren’t so lucky. The Assad regime delayed and blocked aid deliveries from the UN’s Damascus hub to besieged areas in the suburbs of Damascus, in the hills near the Lebanese border, in the suburbs and countryside of Homs and Hama, and in eastern Aleppo city. Restrictions on aid were accompanied by Assad regime attacks on agriculture, water supplies, hospitals, and on populated areas as a whole.

In the first half of 2016, the UK government led in pressuring for unfettered humanitarian access to besieged areas, calling for humanitarian airdrops if the Assad regime didn’t allow full access by land. Despite initial indications that the UK might carry out manned or unmanned airdrops, following the Brexit vote UK government engagement waned. The Assad regime tightened sieges from 2016 on, forcing the displacement of hundreds of thousands of people from these areas, mostly to northwest Syria.

In 2019, after the Assad regime had regained nominal control in Daraa, the Russian government refused to agree to further renewals of the original list, threatening to use its power of veto at the Security Council. Resolution 2504 in January 2020 reduced the list to two border crossings in the north, Bab al-Salam and Bab al-Hawa, for six months only. Resolution 2533 in July 2020 renewed only the Bab al-Hawa border crossing for one year. This year, China and Russia refused to even participate in a negotiating session, and only the single crossing at Bab al-Hawa was renewed.

At the same time as the Security Council was voting to renew the mandate for use of the Bab al-Hawa crossing last month, the Assad regime had already begun its latest siege in Daraa. With the UN no longer doing cross-border aid deliveries in the south, the Assad regime is again able to block aid deliveries from the UN’s Damascus hub, and has been refusing entry to World Food Programme deliveries.

Legal experts argue however that a Security Council mandate is not required for cross-border aid deliveries to take place. The UN could approve cross-border aid via the General Assembly, and individual states can legally deliver aid across the border to Daraa if UK ally Jordan allows access.

The price of impunity

24 JULY 2021
    
Sam Dagher’s history of Assad rule tells of how Western governments accommodated and even rewarded the criminality of the Syrian regime, with disastrous consequences for Syria and the world.

Assad or We Burn the Country: How One Family’s Lust for Power Destroyed Syria
By Sam Dagher
Little, Brown & Company 2019
ISBN-13: 9780316556729


Hama

Khaled al-Khani’s paintings have a visual tension built on contrasts, between crisp outlines and the shadowed and blurred forms they contain, between monochrome faces and figures and bright overpainting of strong pure colour, between sombre moods and bursts of frenzied movement.

As a young boy in the early 1980s, when Syria was under the rule of Hafez al-Assad, Khaled al-Khani was a witness to the Hama massacre, where the regime deliberately killed thousands of civilians in response to an armed uprising.

In February 1982, as regime forces shelled the city, he was together with his mother and siblings hiding in a bedroom in the family home, the house packed with women and children from the neighbourhood looking for shelter behind its solid walls, and the courtyard converted into a field hospital for both fighters and civilians.

Journalist Sam Dagher puts the number of people who had joined the 1982 armed uprising in Hama city at nearly 2,000. The insurgency was being fought by Tali’a al-Muqatila, the Fighting Vanguard, a splinter group of the Muslim Brotherhood, but the Assad regime’s response had been to target all political opposition including members of other parties and members of the Muslim Brotherhood who opposed the militants, and in Hama city the regime targeted the civilian population as a whole.

The Assad regime’s power base was rooted in Syria’s Alawite population, while Hama’s population was overwhelmingly Sunni. Hafez al-Assad’s commanders on the ground were mainly his own kin and other members of the Alawite minority. They included his brother Rifaat, later referred to as The Butcher of Hama.

While Khaled and his family were sheltering inside, the top floor of the Khani home was hit by a shell, and Khaled’s mother took him and the other children to a neighbouring basement. The assault went on for days with tanks, rocket launchers, snipers. His mother took her children and joined other families fleeing the neighbourhood. His father and aunt stayed behind with friends and neighbours still trying to defend their homes.

By mid-February, the regime had crushed remaining resistance and began massacring survivors, with torture, mass rape, mass executions, and murder of children and babies. Regime forces looted devastated neighbourhoods, taking anything of value.

Khaled, with his mother and siblings, were amongst the many civilians rounded up and detained. They threatened with death. Eventually they and some others detained with them were released and forced to leave the city. They later learned that Khaled’s father had been captured, tortured, blinded and murdered.


‘Assad or we burn the country’

In his book, Assad or We Burn the Country, Sam Dagher tells Khaled al-Khani’s story over the length of a whole chapter. The chapter is titled The Hama Manual, so named because the 1982 Hama massacre by Hafez al-Assad’s forces served as the model for this century’s destruction of Syria by the son of Hafez, the current president Bashar al-Assad. The book’s title comes from the slogan Bashar’s forces sprayed on the walls of neighbourhoods that they looted and burned in one city after another.

Like Khaled al-Khani’s paintings, Sam Dagher’s book builds tension from the contrasts in Syria’s recent history. Out of its complexity and confusion, he gives us a coherent picture of state criminality, international complicity, and Syrians’ ongoing fight for justice in the face of mass murder.

A decade after the start of Syria’s 2011 revolution, no single volume can give the whole story. Sam Dagher’s 2019 book, though rich in its telling, has to choose which parts of the story to render in detail, and which to leave as outline sketches. As the title indicates, his focus is on the regime as the cause of the conflict, and on how others responded to the regime, Syrian activists, civilians, fighters, and importantly also on how Western leaders responded.

Syrians took to the streets to protest the regime’s oppression, violence, and corruption. What Western leaders saw in that were risks to their allies and themselves, of social, economic, and political destabilisation, of terrorism, regional conflict, and the strategic threat of the proliferation of weapons of mass destruction.

Western responses were often less about saving lives and ending suffering than about preserving their alliances, containing disruption, and maintaining regional influence, while avoiding political responsibility. The US government in particular, while repeatedly expressing concern over the suffering of civilians, prioritised WMD and terrorist threats to the West in its response.

A virtue of the book is the range of viewpoints Sam Dagher draws on to put together the story, while still maintaining a clear narrative thread. He has interviewed a number of people deeply involved in the regime, most notably Manaf Tlass who up to his defection in July 2012 had been close to the top of the regime. His father, Mustafa Tlass, had been a friend and co-conspirator to Hafez al-Assad in his bloody ascent, using the military and the Baath party as their means to gain power in the 1960s. Mustafa Tlass had also played a lead role in preparing the way for Bashar al-Assad’s succession in the year 2000.

Sam Dagher follows the path of Mustafa Tlass alongside Hafez al-Assad from companions in military academy in the early 1950s, to taking part in a failed military coup in 1962, followed by a spell in jail, to a successful coup in 1963. “We were like wolves,” said Mustafa Tlass. “We turned each military base that we took over into a citadel of the Baath.” In 1964, Mustafa Tlass was on the ground when the new Baath regime put down an earlier revolt against them in Hama city, ordering one of his armoured vehicles to smash down the door of the historic mosque where protesters had barricaded themselves, and presiding over a military tribunal handing out death sentences.

By the late 1960s, Hafez al-Assad with his brother Rifaat had violently disposed of hundreds of rivals within the Baath party and the military, by gun battles, purges, executions, and assassinations. Hafez al-Assad became defence minister, and Mustafa Tlass a key enforcer against possible rivals, using torture to force confessions of foreign conspiracies, and presiding over executions. By the end of 1970 he had helped Hafez al-Assad rise to the very top. Mustafa Tlass continued his central role in regime repression through the 1970s and early 1980s. Sam Dagher reports Mustafa Tlass saying that he signed so many death sentences that he eventually lost count.

A childhood friendship between Manaf Tlass and Hafez al-Assad’s first son Bassel was encouraged by their parents. Manaf Tlass had followed his father’s path into the military and the regime’s leadership. After the death of Bassel in a car crash, Manaf Tlass had taken on the role of one of Bashar al-Assad’s companions, helping prepare the next in line to inherit the throne.

When the 2011 demonstrations began, Manaf Tlass seems not to have had the same stomach for slaughter as his father, and he argued against the violent options that were advocated by others in the regime. He came to learn however that Bashar himself was committed to the path of bloody repression. His position became untenable, and Manaf Tlass fled with his family to France.

In contrast, Sam Dagher also follows the fates of several opponents to the regime. Prominent amongst these is the story of Mazen Darwish. The book retraces his role in civil society organising prior to the first protests of 2011 along with other activists such as Razan Zeitouneh, and then his imprisonment, trial, relentless torture, and incredible defiance. Eventually Mazen Darwish and his wife Yara Bader also escaped into exile.

Once in exile, both Manaf Tlass and Mazen Darwish continued to try and change the course of events. Both came up against the limitations of Western political imagination and will on Syria. But while both were opposed to the regime’s mass murder, their ideas for a future path for Syria were very different. Manaf Tlass hoped to align with the desire of Western governments for some kind of negotiated outcome that would include both regime and opposition elements, and that would elevate himself to leadership, while Mazen Darwish sought accountability and justice for crimes by the regime and by other parties.


What was the West’s role in Syria?

Throughout the conflict, an often simplistic argument has played on loop between advocates of Western military intervention and opponents of military action. Many advocates have portrayed Syria’s tragedy as a case of Western inaction with dreadful consequences—of the West doing too little. Several opponents believe it to be the consequence of a failed regime change war by the West—so of the West doing too much. Advocates point to Obama’s failure in 2013 to enforce his own red line on chemical attacks as evidence of his weakness, while opponents point to the Obama administration’s CIA-run covert programme to arm Syrian rebels as evidence of US culpability for the entire disaster. These two narratives can seem so contradictory as to be irreconcilable.

Sam Dagher explores the more complex history of Western policies towards the Syrian regime going back to the time of Hafez al-Assad. Prior to 2011, Western governments had repeatedly sought to engage the Assad regime and to entice it towards a path more aligned with their interests. But the Syrian regime ran foreign policy like a protection racket, facilitating armed groups operating via Syrian territory, notably Lebanese Hezbollah but also at different times Palestinian armed groups, the Turkish PKK, and even Al Qaeda in Iraq, aka Islamic State in Iraq. The Syrian regime then used the threat of these armed groups to gain leverage with neighbouring governments and with Western powers, insisting that their cooperation was necessary in any attempt to combat terrorism or to negotiate peace in the region.

In Hafez al-Assad’s time, there was significant collaboration between French and Syrian intelligence services, and Hafez al-Assad made his regime indispensable to the old colonial power in forwarding any French agenda in Lebanon. This leverage helped prepare the way for Bashar, who was hosted by French President Chirac for lunch at the Élysée Palace in 1999, before he even became president of Syria.

After the 9/11 Al Qaeda attacks in the US, Bashar al-Assad wrote to President Bush offering to join in fighting terrorism by sharing intelligence, and the CIA and FBI were allowed to run intelligence gathering operations in Aleppo, northern Syria. Bashar al-Assad wanted the US to stop treating Syria as a state sponsor of terrorism. But at the same time, the Syrian regime continued to deal with Saddam Hussein to buy Iraqi oil, bypassing UN sanctions, a trade worth about two billion a year to the regime, according to Manaf Tlass. And the regime continued to act as a conduit for Iranian military support to Lebanese Hezbollah.

Then when the US and UK invaded Iraq in 2003, Assad’s regime gave passage to fighters from across the Arab world to cross the border and fight against the US. After Saddam Hussein was defeated, the Assad regime gave its active support to the insurgency. This had the double benefit for the Syrian regime of undermining the US-led project for democracy in Iraq, while also sending abroad many young Syrian men who otherwise might act against the regime at home. Khaled al-Khani recalled to Sam Dagher that friends of his from Hama who had opposed the Assad regime eventually joined those going to to Iraq.

Those recruits who survived their time in the Iraqi insurgency and tried to return home to Syria were imprisoned. And when popular demonstrations against the regime filled the streets in 2011, and Assad wanted to paint the uprising as the work of terrorists, he released these veterans of the Iraqi insurgency held in his prisons. This helped to radicalise and militarise the opposition, and to make real the regime’s earlier propaganda linking demonstrations to a terrorist threat.

Despite the transparency of the regime’s game of arsonist playing firefighter, foreign governments kept coming back for more. There were always some amongst Western political and military leaders who saw cooperation with the Assad crime family as the ‘realist’ option. Even after the brutality shown by the regime in response to the popular demonstrations of 2011, Western governments remained fearful of the prospect of regime collapse, fearful that Syria without the regime could be more chaotic and harder to manage. So as the regime started losing control of territory, the US and its allies sought to press the regime into a negotiated settlement rather than see it collapse further.

In mid-2012, US Secretary of State Hillary Clinton and Defence Secretary Leon Panetta backed a proposal by then CIA Director David Petraeus to vet, arm, and train Syrian rebels, in order to at least maintain US influence in the situation, but President Obama was resistant. By then, US allies in the region, particularly Saudi Arabia and Qatar, were competing against each other to fund and influence opposition armed groups. Hillary Clinton later wrote that the proposal to get the US involved aimed to responsibly control the flow of arms.

By acquiring clients within Syria’s varied opposition, Saudi Arabia and Qatar and their allies were competing in order to be in a position to shape the aftermath of what seemed a likely end to the Assad regime. In this, Qatar and Turkey seemed to see the overthrow of the regime as the priority, while the monarchies of Saudi Arabia, the UAE, and Jordan, although wanting an end to the regime’s destabilisation of the region and to limit Iranian expansion, worried that a successful and independent-minded Syrian revolution might come to threaten their own rule.

By December 2012, the US was involved in training rebels in Jordan, and in organising flights of arms by its regional allies. “The idea was not to give them the means to win the battle; it was to give them the means to be more structured in order to show the regime that there was no military victory possible and a need to go to the negotiating table,” a Western official explained to Sam Dagher.

The Obama strategy of pressure not overthrow was repeatedly signalled in public, as US and other Western diplomats adopted the mantra of “no military solution,” and promoted a series of diplomatic initiatives via the UN. It seemed that Assad read that policy of no regime overthrow as effectively a licence for regime preservation. The West might prefer the regime had a different leader, but they wouldn’t act to remove him for fear the rest of the regime would fall with him. And so the Assad regime played along with UN-centred diplomatic processes to a degree, but treated them with contempt.

At one point Sam Dagher quotes a line Bashar al-Assad spoke to journalist Barbara Walters in December 2011, where he claimed, “if they isolate Syria, Syria will collapse and it's going to be domino effect, everybody will suffer, so they don't have interest to isolate Syria.” In the same interview he also said of the United Nations, “it's a game we play, it doesn't mean you believe in it.”

The one point on which Obama seemed to promise action in 2012 was chemical weapons. The US had long been concerned about Assad’s WMD programme. In the aftermath of overthrowing Iraq’s Saddam Hussein, the Bush administration also tried to pressure Bashar al-Assad on the Syrian regime’s stockpiling of nerve agent, but without success. Israel’s 2007 airstrike on an incomplete nuclear facility in the Syrian desert seemed a more effective counterproliferation action than US diplomacy.

Sam Dagher relates how in Summer 2012, the US received intelligence that the Assad regime from some of its sites. Syria was known to have stockpiles of mustard gas, blister agents, and nerve agents including sarin and VX, and had the rockets and shells to deliver them. Obama publicly warned of “enormous consequences” if the regime used chemical weapons.

At that same time, the Assad regime was beginning its barrel bombing campaign, targeting civilian neighbourhoods with cheaply made bombs dropped from helicopters. Unlike chemical weapons, Obama offered no threat to deter these high explosive weapons which would kill thousands upon thousands of civilians in the following years. Calls for even a partial no-fly zone in northern Syria were rejected.

In December 2012, the first reports of chemical attacks began. Six people were reported killed by a chemical attack in central Homs. More small scale attacks followed in early 2013, in Aleppo and in several locations around Damascus. Under pressure to follow words with action, in June 2013 the Obama administration responded to these chemical attacks by announcing a package of “nonlethal aid” the the Syrian opposition and reiterated the aim of “achieving a negotiated political settlement.”

Just over two months later, in the early morning of 21 August 2013, the Assad regime large rockets filled with Sarin nerve agent at the town of of Zamalka in the Eastern Ghouta suburbs of Damascus. Before dawn, more rockets struck the town of Moadhamiya southwest of Damascus. “I saw people dead in their beds, and those who tried to escape from their homes collapsed at the front door or on the stairs—it was as if someone just pressed a button and people froze in their place,” a rescuer in Zamalka told Sam Dagher.

For a brief period then in 2013, it looked like the US and its allies might strike Assad. But after British members of Parliament voted against UK participation, Obama turned away from action. The US and Russian governments negotiated a chemical disarmament deal for Syria. It meant no punishment of Assad, no protection of Syrian civilians. Instead the regime was to give up its chemicals and carry on bombing with high explosive instead. Assad had read Obama correctly: The policy of pressure not overthrow was a licence for regime preservation.

The Assad chemical weapons deal, which removed enormous amounts of chemical material from Syria for destruction, but which didn’t stop the Assad regime’s use of chemical weapons, and which was never intended to put any limit on Assad’s slaughter of civilians by other means, was echoed a couple of years later in the Iran nuclear deal, which likewise focused only on WMD proliferation while leaving Iran and its proxies free to continue killing civilians and crushing civil activism in Syria, Lebanon, Iraq, and at home in Iran.

This cynical form of realism showed its limitations as the consequences of giving licence to mass murder increasingly affected Western interests, with the large scale flow of refugees to Europe, the rise of ISIS, and destabilisation and overt state criminality spreading amongst Syria’s neighbours.

Western states led by the US were forced to intervene against ISIS in Syria, as the regime’s former client terror group rose amid Assad’s destruction of the country. And even after this, the US and its allies left the Assad regime free to continue killing. Over time, the US ended even limited military aid to Syrian rebels, investing instead in the PYD militia with its history of accommodation with the regime. Rebels in the south were forced to cede territory to the regime, while the US sought to freeze conflict lines in the east, and Turkey increased control of opposition-held areas in the north, aiming to negotiate a fixed buffer zone along its border.


Understanding the conditions for mass atrocities

In nature, things exist because it is possible for them to exist. Where there is an opening, a gap in the ecosystem, some life form, be it scavenger, predator or parasite, will evolve to exploit it, and it will thrive until it is countered by some other form of life, or conditions otherwise become inhospitable to its existence.

In politics, tyranny exists because it is possible. The majority of people may be good and kind, but if there is nothing and no-one to prevent it, the few who are not will rule. Where a state depends on the consent of the country’s population, tyranny is unlikely, but where the rulers are supported economically and militarily from outside the country, tyranny can thrive. So the rulers of the Syrian state and of its neighbours, in a region of valuable resources and strategic trade routes, can each find the foreign backers to sustain them, and between them squeeze their populations.

The Assad regime exists not for any reason of unique evil, but because the world allows it to exist. Assad’s sponsors are Iran and Russia, nominally enemies of the West, but the regime has for decades been part of an interlocking system of tyrannies, some clients of the West, some backed by the West’s rivals, and the West’s clients may have as much to fear from Assad’s fall as the West’s rivals do.

In his closing chapter, Sam Dagher considers the normalisation of brutality that followed Assad’s counterrevolution: from Putin’s brazenness to the bullying presidency of Trump, the increased authoritarianism of Turkey’s Erdogan, the murder of journalist Jamal Kashoggi by agents of Saudi’s ruling prince, the deadly war in Yemen, the new military dictatorship in Egypt.

Syria is made a realm outside law, by the Assad regime and also by intervening powers that wish to avoid the inconveniences of accountability. But with the widening effects of the regime’s criminality have come new opportunities to bring some measure of legal accountability for crimes inside Syria.

Khaled al-Khani, the artist who as a boy lived through the Hama massacre, gave his support to a Swiss lawsuit against Rifaat al-Assad, the so-called Butcher of Hama, brother to the late Hafez al-Assad, uncle to Bashar al-Assad. Rifaat al-Assad had left Syria after losing out in a power struggle with his brother in 1984, taking a great amount of wealth with him. He has been tried in Europe for tax fraud and embezzlement, but never for his leading role in the mass murder of thousands of Syrians.

In Berlin, Mazen Darwish relaunched the Syrian Center for Media and Freedom of Expression in order to work to bring legal accountability for crimes in Syria, not just crimes by the regime but also crimes by other armed groups, such as the 2013 forced disappearance of his friend Razan Zeitouneh and three others in rebel-held Douma. He joined with fellow Syrian human rights lawyer and former prisoner Anwar al-Bunni in working with European organisations, particularly the Berlin-based European Centre for Constitutional and Human Rights, to present cases against regime officials to European prosecutors.

Mazen Darwish told Sam Dagher of an encounter in Geneva with Staffan de Mistura, then the UN Syria envoy. “There won’t be peace if you want to put the justice and accountability file on the table. You mist choose: accountability or peace,” de Mistura had said.

Mazen Darwish’s view of what constitutes realism is the direct opposite. For him, the only realistic path to stability, to ending the refugee crisis, to defeating terrorism, is through justice and accountability.

“The Americans, Russians, and Iranians can liberate Mosul, Raqqa, and Deir Ezzour and declare victory over the Islamic State, but without justice and accountability, a change in the political system, and coming to terms with the legacy of the past fifty years, come six months or one to two years and you will have something worse than Islamic State,” Mazen Darwish tells Sam Dagher. “Can we go back if the same organs, regime, and people remain in place? The same police state with the same sectarian, gang-like and mafia mind-set? People—and myself included—won’t return unless there’s change. Going back would be like committing suicide.”


‘Assad or We Burn the Country’ is available from your local bookshop or online via the publisher’s page for the book.

Read more about Trial International’s efforts to bring Rifaat Al-Assad to justice.

Read more about the Syrian Center for Media and Freedom of Expression.

See Khaled al-Khani’s art.

Syria Notes’ Diary

6 NOVEMBER 2019

We in the Syria Notes team have been away from our desks more often than usual in these Autumn months, going to events, listening, learning, discussing, and distributing copies of our most recent issue on the targeting of hospitals in Syria. Too much has happened in these few weeks and months to be contained in one entry, but here is a first instalment.

To begin, some events in Parliament.

Syria Notes began life as a publication for the All-Party Parliamentary Parliamentary Group Friends of Syria, a group bringing together members of both UK Houses of Parliament, the House of Commons and House of Lords, with the declared purpose of building a greater understanding in Parliament of the conflict in Syria, and allowing parliamentarians to discuss the diplomatic, humanitarian and military options for UK policy. That APPG is no longer active, and Syria Notes is now an independent journal, but we still see it as a key mission to inform Parliament on human rights issues in Syria.

More than that, we want to give parliamentarians opportunity to read the thoughts of Syrians who support and work for human rights and democracy, and so we welcome opportunities to engage with MPs—members of the House of Commons—and Peers—members of the House of Lords.

An election has now been called, and all those described below as MPs—Members of Parliament—are no longer MPs. Most are candidates in the election.


The power to go to war

On 9 September one of our team attended an event organised by the Conservative Middle East Council. The event took place in one of the committee rooms of the Palace of Westminster, the building that contains both the House of Commons and the House of Lords. Committee rooms are primarily for the use of parliamentary committees, but when otherwise available are also booked by individual parliamentarians for events such as APPG meetings, or such as this CMEC discussion, which was on the role of Parliament in authorising the use of military force by the UK Government.

The presentation was by Sir Bernard Jenkin MP, Chair of the Public Administration and Constitutional Affairs Committee, hosted by Charlotte Leslie, Director of the Conservative Middle East Council. The topic is highly relevant to the UK Government’s policy on Syria. The vote by the House of Commons in August 2019 rejecting the possibility of a UK military response to the Assad regime’s use of chemical weapons to kill some 1,400 people or more in the suburbs of Damascus was a key moment in the Syrian crisis, and was central to Sir Bernard’s discussion of the issue.

Answering a question, Sir Bernard talked about his memory of the moment when the Government lost that vote in the House of Commons in 2013, and watching David Cameron, then Prime Minister, respond to the defeat:

‘I sat there thinking, the Government’s main foreign policy issue has been blown out of the water by this vote—how can the Government carry on? And he just got up and said, don’t worry, I get it. And that was the end of that. I was staggered.’

Sir Bernard said that he felt the Government was giving up responsibility to the House of Commons when it shouldn’t have done so. When five years later in 2018, Theresa May, David Cameron’s successor as Prime Minister, faced the question of how to respond to another chemical weapons massacre by the Assad regime, she ordered a military strike without first consulting Parliament. ‘And I rang her up,’ Sir Bernard said, ‘and I said you’ve done the right thing, because you’ve exercised your responsibility, and if Parliament doesn’t like it they can deal with it afterwards.’

The House of Commons had in the meantime approved UK Government military action against ISIS in Syria, with a vote in December 2015. As well as extensive air attacks against ISIS and a couple against the Assad regime, the presence of UK special forces in Syria has also been widely reported, though the UK Government has a policy of not openly discussing the actions of its special forces.

Read Sir Bernard Jenkin’s remarks here.

The CMEC event took place the same evening that the UK Government was to ‘prorogue’ Parliament, to close Parliament. This controversial move by Boris Johnson’s government would later be overturned by the Supreme Court. Leaving the CMEC meeting via the Central Lobby of the Palace of Westminster, we met Anna Turley MP along with Peter Kyle MP. She was lamenting the Government’s move to interrupt the work of Parliament. Anna Turley takes a strong interest in Syria, and was one of the MPs who took part an APPG Friends of Syria meeting with the regime defector and whistleblower ‘Caesar’ back in 2017. Looking through the latest issue of Syria Notes, she talked of how distressing she finds it to follow Syria news on social media.


International development and the Labour Party

On 10 September, the Syria Notes team was invited to a reception in the Palace of Westminster to celebrate the tenth anniversary of the Labour Campaign for International Development.

Speakers there to mark LCID’s first decade included former Labour Party leader Gordon Brown, Labour’s Shadow International Development team Dan Carden MP and Preet Kaur Gill MP, the Chair of the Commons International Development Committee Stephen Twigg MP, former co-chair of the APPG Friends of Syria Alison McGovern MP, LCID Vice-President and former Secretary of State for International Development Hilary Benn MP, and LCID Vice-Presidents Dr Rosena Allin-Khan MP and Stephen Doughty MP. A key theme for many of the speakers was the need to work cross-party to preserve the UK Government’s commitments on international development.

As well as the Syria Notes editors, representatives of the Syrian Legal Development Programme and the Syrian British Council were also there. The presence of members of Syrian civil society stimulated several of the speakers to mention Syria in their speeches.

LCID has taken a stance on Syria policy which is sometimes in contrast to the current Labour Party leadership, calling on Labour’s Shadow Foreign Secretary Emily Thornberry to take a clearer stand against the Assad regime, and calling on Labour’s Shadow Home Secretary Diane Abbott to disassociate herself from David Miller, a political sociology professor accused of being pro Assad.

David Taylor is founder and current vice-chair of Labour Campaign for International Development. He gave his views on the Labour Party and Syria at a conference held by Syrian civil society organisations at Amnesty International UK in July. In a discussion on legal accountability and Syria, David Taylor said:

‘We’re sorry that we’re not with you in this fight as a party. We think about the great tradition in the Labour Party of being on the side of oppressed people. It was a Labour government that granted India independence, and set off on the path to decolonisation. It was Labour activists who were standing up against apartheid.

‘And it’s just been—and actually I will talk at length about the current regime, but I volunteered with Ed Miliband’s campaign, and I have to say I was appalled by the 2013 vote. I was appalled that people cheered it in the chamber when it happened. It came from, I’m afraid—I do think that Ed Miliband is a good person, I think that some of the people around him are—but there was a cynicism, there was a playing to the gallery of the Labour membership, to try and appeal to them.

‘And actually, because of Iraq, which I marched against, because of Iraq there has been a sort of shift, a pandering, amongst the Labour party, amongst Labour politicians, to the sort of Stop the War base of the party, when we should have been taking it on and calling them out on the inconsistencies in their views. And unfortunately that has grown and grown and grown, and it’s led to the current party.’


For Sama screenings, and taking action on hospital bombings

Also on 10 September, we went to the British Film Institute preview screening of the documentary For Sama, directed by Waad al-Kateab and Edward Watts, and showing Waad’s life in Aleppo city from the demonstrations of 2011 to the siege of 2016, through her romance and marriage with Dr Hamza al-Kateab, the birth of their daughter Sama, and their time surviving together under bombing in one of Aleppo’s hospitals.

We had interviewed Waad and Hamza for our Autumn 2019 issue on the targeting of hospitals. The BFI preview was the first of several screenings where the film makers gave us the opportunity to distribute copies of Syria Notes to their audiences. One of our team was also able to join Q&A panels at three of the screenings over the following weeks, in Newcastle, London, and Brighton. The emotion of the film is overwhelming on first viewing. Its horror is not lessened on re-watching, and its storytelling craft shines through.

As the targeting of hospitals is continuing in northwest Syria, audience members at several screenings raised the question of what can be done now. We hope that some insight on this may be found in our articles on investigating hospital attacks and on how the UK and its allies can track the air forces responsible, on identifying military officers with command responsibility, and on what a red line on hospital attacks might mean in practice.

On 8 October, For Sama came to Parliament with a screening in Portcullis House, the building next to the Palace of Westminster which houses the offices of over two hundred MPs. The number attending the screening was significantly lower than that, but did include Damian Collins MP, who hosted the event, Chair of the Commons International Development Committee Stephen Twigg MP, whose committee recently reported on attacks against aid workers, and Alison McGovern MP and Andrew Mitchell MP, both former co-chairs of the APPG Friends of Syria.

During the Q&A at the end of the Parliament screening, Waad al-Kateab and Edward Watts talked about their hope for the film to have a practical effect.

Waad al-Kateab said: ‘We know that the impact of being in front of people like you, and the tools that you have, the power that you have, this is much, much more than any other audience can have. It’s not just a film for me, it’s my life. But it’s not about what happened three years ago—it’s about what is happening right now in these days. Because I’m not just speaking about accountability and justice—we are speaking about something very urgent, about what’s happening right now by the same Assad regime and Russian forces.’

The film makers have begun an advocacy campaign around the film, called Action for Sama. Their campaign website says, ‘The Action For Sama Impact Campaign will focus on increasing awareness of the continued targeting of healthcare facilities in Syria and build pressure for this to end.’

On the current UN inquiry into attacks on hospitals and other civilian targets in the Idlib area, Edward Watts said: ‘There is a very simple thing that we in the West can do, which is we can help provide the tracking data that the Coalition has in and around this area, to that board of inquiry. The last time there was a board of inquiry in 2016, when the Russians attacked a UN convoy going to Aleppo, we didn’t provide that data.’

Andrew Mitchell MP agreed, saying, ‘What Britain can do I think is really what you said, which is to try and make sure that evidence is kept,’ adding that ‘The Government is supposed to be keeping—the Foreign Office was asked to do this by the National Security Council in 2012—is supposed to be keeping evidence of civilian infractions, breaches of human rights, war crimes and so on.’

‘I think the Russian convoy [attack] is a very good example,’ Andrew Mitchell continued, ‘We do know the squadrons and the plane type and the people who were there because of the electronic communications, the ability to track that, we can tell where the people are and who they are, and it may be possible to hold them to account.’

‘If we got the data with which we could say, very specifically, here is the hospital which was bombed, and here is the Russian jet,’ Edward Watts replied.

Andrew Mitchell said, ‘I think that is what we should try to do, and I believe it is possible. And I think already there is culpability attached to unit commanders of the Syrian and Russian army.’




Syrian civil society round table at the Foreign Office

On 11 September, the Syria Notes team took part in a Syrian civil society round table discussion at the Foreign and Commonwealth Office, with Minister for the Middle East and North Africa Dr Andrew Murrison and a number of Foreign Office officials.

With the large numbers of people forcibly displaced inside and outside Syria, primarily by the Assad regime’s strategy of targeting the civilian population, an increased number of Syrian civil society organisations now have members based in the UK. Meeting with them gives UK Government officials an opportunity to argue the virtues of current UK policy towards Syria while listening to the concerns of Syrians in exile.

In this, and in a further civil society round table discussion in October, as the meeting was hosted by the Foreign Office, the emphasis was on UK diplomatic policy, on accountability and sanctions, and in the October meeting on UK diplomatic responses to the current Turkish invasion along a section of Syria’s northeastern border, attacking the anti-ISIS Coalition’s local partners the Syrian Democratic Forces. Officials from the Department For International Development joined in the October meeting to talk about the UK’s aid effort. Notable by their absence were any representatives of the third part of UK policy towards Syria, the military.

The Syria Notes editors welcomed the chance to share our issue on the targeting of hospitals in Syria. Discussion included topics covered in our issue: the current UN investigation into hospital attacks; the question of whether the UK and allies will share aircraft tracking data with UN investigators; the possibility of sanctioning Russian officers with command responsibility; and the question of whether to extend the UK’s red line on chemical attacks to other attacks on civilians such as barrel bomb attacks or attacks targeting hospitals.

On these topics, and on topics raised by other Syrian civil society organisations present, this was not a forum where any development or change of policy could be expected to take place, but was instead an opportunity for an exchange of views, and there were probably no surprises in the views expressed.

The UK Government has in general resisted calls to publish aircraft tracking data, something that has been raised by Members of Parliament from several parties in written questions to ministers, and Foreign Office officials have pushed back against any suggestion that they might hold significant information which they are not sharing with investigators. At the same time, it’s not clear that the Foreign Office has a full picture from the Ministry of Defence of what is possible in this area.

In our recent issue we published details of how NATO AWACS aircraft and other Coalition aircraft ‘track and share the locations of Russian and Syrian aircraft from the time that they take off to the time they land,’ according to Justin Bronk of the Royal United Services Institute. Websites of NATO, the Royal Air Force, and the United States Air Force provide more details. The US Air Force’s website shows the UK presence at the Combined Air Operations Center at Al Udeid Air Base, Qatar, where the anti-ISIS Coalition coordinates tracking of aircraft across Syria and the region. Reporting by The New York Times and NBC News confirms that NATO and the Coalition track Russian and Assad regime aircraft as part of their joint deconfliction effort.

On sanctioning Russian individuals with command responsibility for the targeting of hospitals and other crimes, there is a disparity between the lack of sanctions against these individuals and the comprehensive sanctioning of Syrian regime officers for their part in war crimes and crimes against humanity. One possible explanation is expected resistance on the part of some other European governments, as up to now UK sanctions have been coordinated with the EU. As UK Government policy is to leave the EU, the Government argues that it can revisit this after it leaves.

A number of Members of Parliament, notably Chris Bryant MP, have argued that the Government is failing to use powers it already has to impose unilateral sanctions against individual human rights abusers under the Magnitsky amendment to the Sanctions and Anti-Money Laundering Act 2018. Under that act, an appropriate Minister may make sanctions regulations to ‘provide accountability for or be a deterrent to gross violations of human rights,’ which specifically concerns torture carried out by a person acting in an official capacity, as in the case of the 2009 killing of Sergei Magnitsky in a Russian prison. But also, a Minister can impose sanctions for the purpose of promoting compliance with international humanitarian law, or with international human rights law, or to promote respect for human rights, all of which would seem to allow sanctions for the targeting of hospitals.


The UK’s red line on chemical weapons

Other issues that came up in these civil society round table discussions were forced displacement and also forced returns of refugees, something that has happened to Syrian refugees seeking refuge in Jordan, Lebanon, and most recently Turkey.

As well as the direct impact on civilians of the current Turkish offensive in northeastern Syria, concerns were raised over whether the Assad regime would be allowed to advance in Idlib as part of whatever agreement was reached between the Russian and Turkish presidents Putin and Erdogan over the Turkish advance in the northeast.

The UK’s red line on chemical weapons use was raised by officials in relation to fears over Idlib. Since 2017, the UK Government has reestablished its threat to use force in retaliation for any chemical weapons use by the Assad regime. Following a lethal chemical attack by the Assad regime on 7 April 2019, the UK’s Royal Air Force, along with French and US forces, carried out coordinated strikes against Assad regime military targets.

The 7 April 2018 chemical attack had come towards the end of a months-long final Assad regime and Russian assault on the opposition-held Eastern Ghouta suburbs of Damascus. A residential building in the town of Douma was attacked with chemical weapons dropped by the Syrian regime’s air force, according to witnesses, killing 43 people. At the time of the 7 April 2018 attack there were conflicting reports of whether nerve agent or chlorine was used. Two gas cylinders dropped on the building matched chlorine cylinders dropped by the Assad regime helicopters in earlier attacks elsewhere in Syria. An OPCW investigation reported in March 2019 that ‘the toxic chemical was likely molecular chlorine.’

The legal justification given by the UK Government for its military response in 2018 was based on arguing that by degrading the Syrian regime’s chemical weapons capability and deterring their further use, following the chemical weapons attack in Douma on 7 April 2018, it was alleviating the extreme humanitarian suffering of the Syrian people.

The target struck by the RAF however had no effect on the Assad regime’s capacity to carry out chlorine attacks using helicopters. According to the UK’s Ministry of Defence, the Syrian military facility targeted was a former missile base where the regime was assessed to keep chemical weapon precursors stockpiled in breach of Syria’s obligations under the Chemical Weapons Convention. In other words this was not a storage facility for chlorine, which is not banned by the Chemical Weapons Convention as it has legitimate civilian uses.

The only sure way to prevent the kind of chlorine attack carried out by the Assad regime in Douma is to deny the Assad regime the means of delivery—in this case the Assad regime’s fleet of helicopters. These are the same helicopters used by the Assad regime to carry out barrel bomb attacks on hospitals and other civilian targets. These helicopters were left untouched in the UK’s response to the Douma chemical attack, and the Assad regime has continued to use them in attacks on civilians in Idlib.

The Assad regime has also been recently accused of using chemical weapons against fighters in Idlib. In September the US Secretary of State Mike Pompeo announced that the US had concluded that the Assad regime used chlorine shells in a non-fatal rocket artillery attack against opposition forces in Idlib on 19 May 2019. According to analyst Tobias Schneider, the munitions alleged to have been used are ‘commonly associated with a Syrian government formation called the 4th Armored Division—under command of Bashar's brother Maher Al-Assad.’ There has been no military response to this attack by the UK or its allies.

Assad achieved his aim in the 7 April 2018 attack of forcing opposition fighters in Douma to surrender, and of forcing the displacement of the civilian population. And Assad kept his helicopters and artillery, kept the means to deliver chemical as well as conventional weapons. And as we have seen, he has kept on using them.

So a question must be asked: Can the UK’s 2018 response now be considered to have failed? That is, failed in its declared aim to deter further use of chemical weapons, and failed to provide any protection to civilians?

—To be continued—

The power to go to war

Image: David Cameron responds to losing the August 2013 vote on military action in Syria. 
See the full debate at Parliamentlive.tv or read the record of the debate in Hansard.

On 9 September 2019, Sir Bernard Jenkin MP, Chair of the Public Administration and Constitutional Affairs Committee of the House of Commons, spoke at an event organised by the Conservative Middle East Council. Sir Bernard talked on a recent report by his committee, The Role of Parliament in the UK Constitution: Authorising the Use of Military Force, a topic with particular relevance for UK policy on Syria.

The event was held in one of the committee rooms of the Palace of Westminster, and was on the record. The following transcript includes Sir Bernard’s main remarks and responses to the first couple of questions only. The event was chaired by Charlotte Leslie, CMEC Director.

This is one of several events attended by the Syria Notes team in Autumn 2019. For more, see the main article, Syria Notes’ Diary.


Sir Bernard Jenkin MP:

This is an area in which the relationship between Parliament and Government has been developing. And we set out in our report the very long history of the sovereign exercise of unwritten powers to do things. And the development of the United Kingdom constitution has been a progressive limitation of what the Sovereign can do. And of course these days the sovereign powers, the residuary powers, known as the royal prerogative, are generally exercised by the Sovereign on advice or more obviously by others acting on behalf of the Sovereign, notably the Prime Minister and the Government, the Secretaries of State. And of course when we appoint a new Prime Minister, the Prime Minister receives the seals of office, it has been axiomatic that the Government is taking on responsibility for her role as Commander in Chief of the Armed Forces.

The discretion to use military force even now is unimpaired by any statutory limitation. There are legal considerations to take into account about the use of military force, the deployment of military forces, but it is intrinsic to holding office as Prime Minister that that responsibility rests solely in the hands of the government of the day.

However there has been a growing expectation that Parliament has a right to be consulted. And particularly since the Second World War, Parliament has taken that view. And it is by no means unique in this, in the time around the Crimean War for example, and Parliament was consulted in the Napoleonic wars. But the idea that Parliament simply looks retrospectively at how things are going, and has no interest in how decisions are made, that is long past, probably because of one or two watersheds—the Suez Crisis shook people’s confidence that Government would always act in the right way.

And it reflected on the deployment of forces to Northern Ireland, although that was more domestic, that was more what we call MACP, Military Aid to a Civil Power. But the deployment of British military forces outside the NATO area was very rare after Suez until the Falklands War. Now there was a big debate about the deployment of military force at the beginning of the Falklands War, but there was no vote. And it was quite usual for military forces to be deployed without a vote.

To deploy armed forces to the Balkans to deal with the crisis there, Parliament was consulted, there was a debate in Parliament, Parliament was actually recalled for the occasion if I recall correctly, but there was no vote. Parliament did not take a decision. And in fact when Tony Blair deployed to Sierra Leone, again there was quite a lot of debate in Parliament, but there was no vote.

The watershed was 2003, because there was a very, very controversial question as to whether the United Kingdom should effectively go to war with Iraq. War was never actually declared. It’s another feature of modern conflict that nobody declares war anymore, we just get into a conflict. But the decision to support the American invasion of Iraq was very controversial, and the Prime Minister of the day perhaps was trying to use Parliament to validate a very, very controversial decision, and of course succeeded in obtaining the consent of Parliament, something which many members of Parliament subsequently lived to regret.

And it’s ironic that this precedent is seen as a watershed changing the nature of the relationship between the Commons and the Government in relation to the exercise of war powers, when it itself provides such a terrible example of how mere validation of military action by Parliament does not necessarily mean that everyone gets a better decision, or a decision with which people are happy about.

But nevertheless, it has created what we describe in the report as a convention, an emerging convention, that Parliament has a right to be consulted before the Government deploys military force into conflicts overseas. That is obviously laced with exceptions. And in the aftermath of the Iraq War, two people in particular were very keen on creating legislation, a statutory framework, which would prescribe what powers the Government had.

So, legislation: If you legislate into an area of royal prerogative, you’re effectively taking away that discretionary power from Government and putting it into a statutory framework, which means it’s much more vulnerable to direct action from the courts, because if military action arising from that didn’t comply with the legislation, that would be very difficult.

But two people in particular, Jack Straw and William Hague, became very committed to this principle, and in the Conservative Manifesto in 2010, it was promised that the Government would implement legislation to limit what the Government could do, to put it in a statutory framework. Funnily enough, that legislation never emerged. I was not at all surprised. I was always opposed to this.

And you’ll find in the report, one of the things we say is, and I quote: ‘Nothing should compromise the ability of governments to use military force when our national or global security is threatened…’ We did say there could be a clearer understanding of what the role of Parliament is in respect of this, to underline the legitimacy of military action, and to engage Parliament and indeed the public in an understanding of why military force is being deployed if it is at all possible.

So there’s been a shift in expectations about the role of Parliament in the use of military force. And we looked at different countries, and different countries have very different settlements. If you look at France, the United States, and the United Kingdom, we have a much more forward defence posture, we are the only three major democratic countries in the world which have the capability of deploying military force which is battle capable away from the home base.

Not even China can really operate away from the home base in the way that we can. That may be changing very rapidly, by the way. Russia certainly can, as she demonstrated in Georgia, Crimea, Eastern Ukraine, but even then I suspect that Russia’s capability is much more limited in terms of its agility compared to the United Kingdom, France, and the United States.

Other democratic countries have different traditions. At the furthest extreme there is modern Germany which, for very understandable historical reasons, has created very severe constraints on how the Bundestag and the Bundesrat can control deployment of German military forces abroad. They’re beginning to get more flexible, but the minute a German soldier sets foot outside Germany is still a very big deal for Germany culturally. Maybe that’s one of the reasons that Germany wants to create a European military force which has that capability rather than a military force which is visibly controlled by Germany.

There are many complications in this. The basic proposal we come up with is a compromise between legislation and doing nothing, which is that the Government should set down a resolution which would maybe cement something into the Standing Orders of the House, which explains what the expectation should be without being legally bound by it. We are still waiting the Government’s response to this report, but I would expect the Government to be wary about doing this because it doesn’t want to reduce its flexibility. And there are many complications, as I say.

We make very general statements about military force, but we don’t mention special forces. Call me old-fashioned, I don’t think we should discuss what our special forces do. I think we should leave that to the discretion of ministers, and it wouldn’t help Government at all, it wouldn’t help them and it wouldn’t help our role as a peacekeeper in the world if our special forces became more publicly scrutinised.

Having said that, we do think that the Government should be able to use committees of the House to undertake scrutiny on behalf of Parliament. In particular the National Security Committee is not elected by Parliament, it’s selected by the executive to scrutinise the security services on behalf of Parliament, and is in theory tested with some of the most sensitive intelligence information.

Part of the problem that we had for example in 2013, when the Government decided to retaliate against the Syrian government for their use of chemical weapons in Syria, was that the decision, or the quality of the decision, very much depended upon the quality of the intelligence that was being assessed to inform the decision. And of course following the Iraq War, there’s a great deal of cynicism about how intelligence is assessed and then used to make a case. In fact I think the Chilcot Report described a pressure at which point the use of intelligence becomes a propaganda weapon in the hands of the Government, and it was clearly in that case grossly ill used.

So there’s been a breakdown of trust between Parliament and the Government about making the case for foreign interventions, as some people would call them. It was highly unsatisfactory in that debate that Members of Parliament got up and gave their opinion about the quality of intelligence when one thing was absolutely certain, those Members of Parliament cannot possibly have known who was responsible. Some people were saying that Israel had deployed the weapons, some people said that people outside the control of the regime had deployed the weapons. My understanding from my own amateur contacts with people in the intelligence community, at the edge of the intelligence community, is that there was no doubt that the regime itself was responsible for the deployment of those weapons.

But how is that case to be made if the Government cannot share that intelligence? So, if there were approved Members of Parliament such as the National Security Committee who could see the Joint Intelligence Community assessment in meetings, and that they could testify that they are satisfied, that might strengthen the understanding of these issues.

The other thing that arose in our evidence was how scornful particularly former military commanders were of the understanding of MPs of the complexity and subtlety of military tasking, and the complexity of making assessments of choosing targets for an aerial bombardment, or consequences of putting troops into a certain situation.

And we observed that one of the things that has been lost in recent years—the Government has handed over quite a lot of the time of the House of Commons to the Backbench Business Committee—we used to have five regular debates every year on defence issues, and two or three foreign policy debates, and a debate about the civil service, but all these kinds of issues would be aired by people, and the level of understanding would go up as a result of having such a debate. The fact that those debates hardly ever happen now means there are far fewer people in the House of Commons who are directly engaged in these matters, and the level of education is falling. We need to use the committee structure, the Defence Committee, the Foreign Affairs Committee, and the Intelligence and Security Committee, to try and strengthen that.

There is also—having established that scrutiny should lead to better decisions—the question of what are we scrutinising? And the nature of warfare is changing. What we call hybrid warfare, the shadowlands between ordinary interstate military warfare and terrorism, there are some states, Russia for example, or the Iranian Revolutionary Guard for example, that basically undertake a form of state-sponsored terrorism. They use people that don’t wear uniforms, or they use military forces which are not properly accountable even to the state authorities, and they use techniques, they use the civilian population, they foment revolt in the civilian population, or they threaten civilians, or they use civilian assets, or they attack civilian infrastructure, as part of the warfare we call hybrid warfare.

And then of course there’s the use of drones, the use of cyber warfare. These are all realms of conflict for which the traditional understanding of warfare is very ill suited. And we need to adapt our scrutiny of what the Government does. I mean the Government apparently has an offensive cyber capability. How do we scrutinise the use of it, when a cyber attack is something you only know about after it’s happened? And what the Government does in response to that, who only knows? But we need mechanisms to scrutinise these rather complicated areas.

Overall, I would just summarise by saying one last thing: That Clausewitz always had in mind a kind of triangle of decision-making. And we have our own version of the Clausewitz triangle in our report, which at the apex it has the Government, which deals with policy and politics, and in a modern democracy Government accountability, and it has recourse to armed force [the second point in the triangle] which is about capability and effectiveness, and there is also at the [third point] of the triangle, there is legitimacy, and the engagement of people sufficient for accountability.

And unless all these three things are engaged, you probably haven’t got a sustainable conflict. The Government and the armed forces might have the capability, but if the people aren’t engaged then it will not be sustained. We saw that in Basra [in Iraq], we saw that for all kinds of reasons, legitimate reasons perhaps, in Helmand [in Afghanistan]. Incidentally we went to Helmand without a vote. We got involved in the longest conflict we’ve been involved in since the Second World War without a vote.

And if you can’t maintain people’s enthusiasm for what your armed forces are doing, then your government will be driven out of that conflict, and that’s largely what we’ve seen to date in Iraq and Afghanistan in the latter parts of those conflicts, and what we’re seeing with President Trump as we speak. So bearing in mind that, the question is how do you maintain this engagement, so you can sustain the activity and the credibility of your deterrence, because in the end defence and security is about deterring aggression before it occurs.

Actually, every time we get our armed forces involved directly in conflict, we should reflect on how our deterrent capabilities have failed. And that depends also on people understanding why we have a deterrent capability both in the conventional and the nuclear sphere. Incidentally I think British people well understand why we have a nuclear deterrence, and that’s why we keep voting for it even though it’s quite an expensive bit of kit. They are much more wary about these foreign adventures, because they can’t see what they’re deterring to get involved in them, and they’re not successful enough to generate confidence in the next one also being successful.

So that’s the dilemma we’re in. Thank you very much.

Charlotte Leslie:

Thank you so much Sir Bernard. I’ll be taking questions from the floor… And I’d like to use my chair’s prerogative to kick off. One of the recommendations your report makes is about parliamentarians and the House of Commons being more aware of situations, so the information, the learning doesn’t necessarily happen at the critical point… How can we enable MPs to take an interest in foreign affairs, when they may not have it at the top of their agenda, and when they all have… very large constituency inboxes with very immediate very domestic local things?

How do we do that? How do we enable MPs to take an interest before we reach a critical point, and before a vote comes to the House?

Sir Bernard Jenkin MP:

Well, as I say, the Government used to hold regular debates, and it used to be an obligation on the Government if there was a big issue arising. Well, when did the Government last hold a day’s debate on Iraq? And the Government says, oh that’s not our job anymore, we’ve given that to the Backbench Business Committee. Well then the Government has itself to blame if very few colleagues have gone to the Library and got a brief and worked out what’s happening in Iraq and are capable of contributing to a debate. Because when you have those debates, there will be a few experts, and other colleagues will go and listen to those experts, and gauge them, and Government will get an opportunity to set out in a proper debate, and it’s an opportunity for whips to say, we need some people to speak in this debate because it’s an important part of Government policy.

Those opportunities to raise that kind of awareness are gone, and I think actually that’s the most important thing. I think the Government needs to take responsibility for making sure the House of Commons is engaged in these decisions long before we get into a a conflict.

Question:

… You briefly mentioned 2013, the Syrian conflict. Actually the second biggest city in Jordan now is the [Zaatari] refugee camp. And it was David Cameron who decided not to go to war, if you remember, with Barack Obama, before taking it to the House of Commons for a vote. Do you think that was a mistake, or was it the right course of action, and do you think it would have changed the course of the Syrian conflict had he gone to war without going to the House of Commons?

Sir Bernard Jenkin MP:

Well, I think it’s a very good question, because in that debate I actually stood up several times and said, look, if you don’t trust the Government to make this decision, you should vote against the Government in a motion of confidence, because it means you don’t trust them to carry out their duty.

But there’s a big change gone on in the relationship between Parliament and Government, and we’re seeing the results of that now. The tenure of the Government’s office used to rest far more obviously on the confidence principle, but that has been blunted by the Fixed Term Parliaments Act, and by changing public attitudes.

So that when the Government lost that vote—And I went into David Cameron’s office shortly the vote, and I said, well how is it going, and he said I think we are still under the water, and I wish I’d said to him, well then don’t have the vote! For goodness’ sake don’t lose the vote! And the Government lost the vote… And then he stood up, and I sat there thinking, the Government’s main foreign policy issue has been blown out of the water by this vote—how can the Government carry on? And he just got up and said, don’t worry, I get it. And that was the end of that. I was staggered.

It was a very, very big change in the relationship between Parliament and Government. I thought the Government was giving up responsibility to the House of Commons when it shouldn’t have done so. Now when it came to Theresa May [five years later], faced with very similar circumstance, she just went. And I rang her up, and I said you’ve done the right thing, because you’ve exercised your responsibility, and if Parliament doesn’t like it they can deal with it afterwards. And of course they accepted the fait accompli.

That’s why we put into our report these very important words, to repeat them, ‘Nothing should compromise the ability of governments to use military force when our national or global security is threatened,’ and that’s why we shouldn’t have statute. And I think that 2013, the loss of that vote, might also be a watershed, because it affected his authority as Prime Minister,  and I think it reflected very badly on our standing in the world as an agile and forward-looking power. Because I take the view… that unless we have a forward attitude to global security, there are very, very few other friendly countries that are going to do that on our behalf.