المسوغات القانونية لنأي سورية عن التوقيع على بروتوكول الجامعة العربية بصيغته المفروضة
Legal justification to Syria's distance from the signing of the Protocol, as the Arab League imposed
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al-Baath Media
wrote the article Dr Bashir al-Qawaadiri
Thursday, 01 December 2011 23:35
Interventions accelerated the Arab League Council on the impact of the war on the Syrian plan to justify external intervention, within the restructuring of the Middle East, including comfort America after graduating from Iraq at the end of this year, and to achieve the interests of the West re-division of this region and enslaved. Search will not increase the ambitions of the West and America, this awareness of the Muslim Arab citizens, and also will increase our research in the dedication of some Arab regimes to achieve what is sought in the region greedy
And also will not linger in the narrative pace of the Arab League Council to legitimize external intervention in the Syrian This fact does not doubt in any Arab citizen in Syria or abroad.
For this limit ourselves to consider the legal reasons that led to distance Syria itself from signing Parwabrocokol concerning the legal status and functions of the Observer Mission of the Arab League to Syria, as imposed on them, which was released under Resolution No. / 7439 / for the Arab League Council at the ministerial level in non-resumed its regular session in Rabat on 16/11/2011.
And here will not go into the paragraphs contained in the Arab League Council resolution No. / 7439 / dated 16/11/2011,
But highlight only the obligation imposed on the wording of the draft Protocol on Syria, without taking into account as an independent state, sovereign, and a founding member of the Arab League, and has a role Evqo the sun clarity and safety features in the crucial Arab issues.
Errors should be clarified
Paragraph I of the Executive Decree No. / 7439 / on «Approval of the draft protocol on the legal status and functions of the Observer Mission of the Arab League and Syria to the task of verifying
From the implementation of the Arab plan to solve the crisis, Syrian and provide protection for civilians Syrians, as attached and signed by the General Secretariat of the Arab League of Arab States and the Syrian government ».
Thus, the Arab League Council decided that Syria sign a draft Protocol as adopted by the Council of the Arab League (we do not know who drafted texts), and without the paragraphs entitled to discuss or express an opinion or objection to its content.
And the Secretariat, the Secretary-General of the Arab League expressed its readiness to answer any questions or clarifications
Protocol relating to the content, but it can not be prejudice to the purity of its provisions and the application for amendment due to sacred status
The decision of the Arab League Council.
Before going into the draft Protocol requires Bmtahat Almaagelh legal reference to the following:
Paragraph I of the decision of the Executive Council of the Arab League of Arab States / 7438 / dated 12/11/2011 to «suspend the participation of Syria in the meetings of the Council of the Arab League and all the organizations and its subsidiary bodies as
On 16/11/2011 and until its full implementation of the commitments that have agreed under the Arab Plan of Action to resolve the crisis and the Syrian adopted by the Council at its meeting on 11.02.2011 ».
Show here:
1 - that the suspension of Syrian involvement in the meetings of the Arab League Council means the removal of Syria from the meetings of the Arab League and its contribution to the non-University events or share discussion topics and decisions that may be taken
This Council.
Given that any agreement be put to a protocol or other requires the presence of both parties have considering the terms of this agreement to get to aim it and to achieve the intended purpose of the contract, the text of operative paragraph I of resolution / 7438 / stand in the way without a contract such a deal, because he can not comment Syria's participation in the meetings of the Arab League Council, and then asked to sign a protocol. How agreement shall be concluded with the state suspended its participation
No longer a party to the Council of the Arab League?! .
Moreover, Syria, and its history and by nature derived from the pride, dignity and filed, do not accept dictation nor bow to compel including detract from their rights and their sovereignty. However, despite the violation of the Protocol for the general principles of law, in order to maintain the joint Arab action, and a Muslim in good faith that the goal is to join hands to discuss the developments of the situation in Syria, has expressed its willingness to sign the Protocol, after some modifications and additions to it.
And show the following amendments and additions with the reasons for its requirements.
First - in the title of the Protocol and the preliminary paragraphs:
Download Protocol address of «a draft protocol between the Secretariat of the Arab League of Arab States and the Syrian Arab Republic in implementation of the clause / 2 / of the decision of the Arab League Council at the ministerial level number / d 7438. G. P. M /
On 12/11/2011 on follow-up developments of the situation in Syria ».
As stated in the introductory paragraph of the resolution first «that in pursuance of clause / 2 / of the decision of the Arab League Council at the ministerial level number / d 7438. G. P. M / dated 12/11/2011 and private sectors to provide protection for civilians, the Syrian».
And the importance we recall that the item / / 2 referred to states «to provide protection for civilians, the Syrians and the prompt access to the international organizations concerned with human rights, including the United Nations and in consultation with the spectra of the Syrian opposition to conceptualize appropriate action to stop this bleeding, and presented to the Arab League Council of Ministers for decision in» .
The establishment of the draft Protocol to this paragraph carries many inaccuracies, including:
1 - The Arab League Council at the ministerial level was considered that the main purpose of the Protocol is to provide protection to civilians and that the Syrians will be through:
- Immediate access to the international organizations concerned with human rights, including the United Nations.
- Consultation with the spectra of the Syrian opposition to conceptualize appropriate action to stop this bleeding.
And taken this text:
1 - There is no reference to any coordination or cooperation with Syria to achieve the protection of civilians all the Syrians, while the Council of the Arab League of Arab States limit its consultations with the spectra of the Syrian opposition to conceptualize appropriate action to stop the bleeding, as it claims.
How is coordination with the opposition? And any opposition (at home or abroad)? Opposition with guns and killing and demanding exercise regime or the opposition to drop, which calls for dialogue to end the crisis?.
If the protection of civilians, its the land of Syria, what action will be taken to provide protection without the participation of Syria?.
2 - There is not any reference to provide adequate protection for the threat to the people and the army and security forces
Of attack by armed gangs, and the adoption of a mechanism to stop these attacks.
3 - If the initiative to resolve the crisis with the Arab character, and within the Arab house, what is the need for instant communication with international organizations concerned with human rights, including the United Nations? Is there another concept to this paragraph, only the boot of the international intervention in Syria under the pretext of protecting civilians.
4 - most importantly in this paragraph afford it assumed the existence of mutually antagonistic in Syria, one dominates the other, the government used excessive force and repression against unarmed people not its people, and this should protect the people. And ignored the Arab League, all the facts of the earth and reality and morality that civilians Almtbaky to provide protection to them, they are Syrian citizens, and that the Syrian state and the duty to protect and provide safety and security, and they were found to carry out their will, and, for this is to protect them from armed gangs funded Manalforeig, which runs panic them and Troahm and assaults on their honor and their property, but she had to take the army of the site to protect Syria from enemies abroad and Zjtah site is not located in, in order to provide safety and security of civilians who have used them abroad in the political Pazarh.
2 - indicated Altiveh first paragraph of the resolution / 7438 / to suspend the participation of the delegations of the Government of the Syrian Arab Republic will continue until its full implementation of the commitments agreed upon under the Arab Plan of Action to resolve the crisis and the Syrian adopted by the Council at its meeting on 2/11/2011.
Since it is alleged that the purpose of the Protocol required Syria to expect blindly without discussing its conditions are fully implemented its commitments agreed upon under the Arab Plan of Action to resolve the crisis and adopted by the Council at its meeting on 2/11/2011, it means that this plan which Hialosas based on the protocol, not resolution / 7438 / dated 2/11/2011, which suspended participation of Syria and the farthest from the activities of the Arab League Council to impose and then provide the means to protect its people aim to intervene
International duties.
For these reasons, Syria has requested an amendment to the protocol address to read as follows:
«A draft protocol between the Syrian Arab Republic, the Secretariat of the Arab League of Arab States on the follow-up developments of the situation in Syria».
As the Action Plan agreed in Doha, adopted by the Arab League Council on 2/11/2011 referred to spare outside interference in the internal affairs of Syria, and to the approval of the Syrian government to stop all acts of violence from any source to protect the Syrian citizens, then it follows necessarily build on this paragraph and give it a character of the process and amend the introductory paragraph of the first Protocol to read:
«Implementation of what came in the first item of the work plan that was agreed upon between the Syrian Arab Republic and the Arab Ministerial Committee in Doha, and adopted by the Arab League Council at the ministerial level
On 2/1/2011. And the affirmation of the unity, sovereignty and independence of the Syrian Arab Republic and the safety of its land and to prevent outside interference in the internal affairs ».
Second - in the formation of the Arab League mission:
Paragraph I of the Executive on the draft protocol: «the formation of an independent mission of civilian and military experts of the candidates of Arab States, Arab organizations relevant to the activities of human rights and provide protection for civilians, for sending to the territory of the Syrian Arab Republic, headed ....... Known as the Observer Mission of the Arab League and the work in which is charged with verifying implementation of the Arab plan to solve the Syrian crisis and provide protection for civilians, the Syrian ».
It is taken on this text:
1 - will be the mission of military and civilian experts from Arab candidates of Arab States and organizations relevant to the activities of human rights and provide protection for civilians.
The presence of observers from the Arab organizations could leave the door open for the infiltration of people seeking to exacerbate the crisis and the internationalization of the unknown through links going in the orbit of these organizations, while the civilian and military experts from the Arab countries will be candidates state their reference
Which nominated the candidate do you trust Syria.
Therefore, Syria welcomes the civilian and military experts from the Arab candidates of Arab States
Do not want to go into private organizations and links to cross-cutting objectives.
2 - The term ((to provide protection for civilians, the Syrians)), which came in the last paragraph does not agree with the first item
Of the work plan agreed in Doha, which provides «a cessation of violence from any source».
In addition, these words indicate, very clearly, that there are two parties to the conflict in Syria
One of them civilians, Syrian, and Syria exercised violence on its citizens. Which is not Palmqpol
All standards and international legal and ethical.
And it asked Syria to read the first paragraph of the Executive as follows: «the formation of an Arab mission of civilian and military experts from Arab countries Arab candidates for sending to the Syrian Arab Republic, headed .... Known as the mission of the Arab League of Arab States and operating in the framework, which is charged with investigating the implementation of the Arab plan
Resolve the current crisis in Syria, the Syrian side to submit a list containing the names and recipes
The ranks and nationalities of members of the mission ».
And asked to submit Syria this list is only to facilitate the coordination and the identification of experts for the proper diplomatic engagement and knowledge of Arab countries participating in the mission.
Third - the start of the mission and determine the number of observers:
The text of the first item of the second operative paragraph of the Protocol on the «Mission begins work immediately after the signing
The Syrian government on this protocol and perform its functions with a delegation composed of introduction, the head of mission and a sufficient number
Observers (from 30 to 50 observers) supported by an adequate number of administrative staff and security personnel
For personal protection for members of the mission ».
The text of the second item of the operative paragraph II that «The president of the Mission, in consultation with the Secretary General the number of observers at the discretion of the requirements for completion of tasks of the mission to monitor implementation of the Syrian government to its commitments to protect civilians, to the fullest, and to the Secretary-General's technical expertise and observers from the Arab and Islamic countries and friendly countries to implement the tasks entrusted to the mission ».
And taken on the first item that:
1 - Select the number of observers accompanying the head of the mission (from 30 to 50 observers), while that the proposal to Syria is not defined and if you leave the text on the launch, it can increase the number of observers accompanying the head of the mission for more than fifty observers and this is up to his decision according to the data.
2 - requires text entry security personnel to protect the personal members of the mission, and this detracts from the sovereignty of the state where that Syria is responsible for the protection of any person on its territory, and the introduction of special protection is intended to give an indication of lawlessness in Syria, and they become unable to protect persons within its territory, and add to that that the protection of diplomatic missions and the like from the responsibility of the State on its territory and that the mainstay of the Geneva Conventions and therefore can not accept this text.
Also taken on the second item that:
1 - Select the functions of the mission to monitor implementation of the Syrian government to its commitments to protect civilians. As discussed previously, the protection of civilians is not consistent with the first item of the work plan agreed at Doha, and it is not in Syria, two parties were totally one of them civilians.
2 - The Secretary-General's use of technical expertise and observers from the Islamic and friendly countries. For as long as the Arab initiative in the framework of joint Arab action, and as long as the basics to avoid outside interference, what is the justification for the use of technical expertise and observers from the Islamic and friendly countries? In addition, the use of such a step towards the internationalization of the situation in Syria. This is contrary to the Arab Plan of Action adopted at Doha.
3 - the number of observers determined by the Head of Mission in consultation with the Secretary-General, without reference to any coordination with the Syrian government, as if a party to an adversary in the dispute and has no sovereignty, while the coordination with the procedures for administrative and security which stakeholders to address the situation actually on its territory, and therefore have the right to be coordinated with them in this regard.
Therefore, Syria proposed to amend the text of the second operative paragraph reads as follows:
- The mission begins its work immediately after the signing the Syrian government to this Protocol, and perform its functions will be provided with a delegation from the Chief of Mission and a sufficient number of monitors supported by an adequate number of administrative staff.
- The president of the mission with the Secretary-General, in coordination with the Syrian government the number of observers at the discretion of the requirements for completion of tasks of the mission to monitor implementation of the Syrian government to its commitments to the fullest, and to the Secretary-General's technical expertise and observers from the Arab countries to implement the tasks entrusted to the mission.
IV - in the tasks of the mission:
Enumerated the third operative paragraph of the draft Protocol eight tasks of the mission, which will see the reality of the situation and current events in Syria.
In this regard, we review the items that needed to be reconsidered:
1 - Section II of the tasks on the «make sure there was the Syrian security services and so-called gangs Cbihh peaceful demonstrations».
The apparent meaning of this text suggests:
A - the presence of gangs along the Syrian security services under the orders of power as part of the structure of the State or the security they enjoy the support and protection from the state.
B - that security services violent demonstrations in spite of Slmatha, as if to silence the freedom of opinion and expression and the right of peaceful demonstration. In fact, the freedoms and rights, including the Syrian Constitution and can not be as long as the exposure was duly provided for by law
Therefore, Syria proposed to write off this item.
2 - third item of the tasks of the mission is «to ensure the release of the detainees because of current events».
It is noted that this item means the release of all detainees because of current events but it did not take into account that there are detainees have committed crimes of murder, sabotage, intimidation and assault people on the funds and symptoms.
For these reasons, Syria proposed that the third item read as follows: «to ensure the release of batches of detainees because of current events is not involved murder and acts of sabotage».
3 - the fourth item of the tasks of the mission text to «ensure the withdrawal and the evacuation of all armed manifestations of cities and residential areas that have experienced or witnessed demonstrations and protest movements».
And taken this text:
1 - that the withdrawal of armed manifestations by all means the security forces and the forces of the system.
These are the devices that protect the security and order in accordance with all international norms and regulations.
The presence of the army in some areas is dictated by the imperatives of current events, a task that are temporary and expire once the return of calm and a sense of security and safety of people.
2 - What made the army is spreading in some areas is not peaceful demonstrations and protests movements, but the terrorist operations carried out by gunmen targeting parents and public buildings and private property land and wreak havoc.
This amendment proposal was the fourth item of the tasks of the mission to read as follows: «ensuring the withdrawal and the evacuation of all aspects of military armed forces from towns and residential areas».
4 - the sixth item of the text on the functions of the mission «Mission of the freedom of communication and coordination with NGOs and government officials with whom you see and personalities of individuals and families affected by current events». The main task of the Arab League mission is to check the implementation of the Arab plan to solve the crisis
Which include the following items:
The release of the detainees because of current events.
Evacuation of cities and neighborhoods of all armed manifestations.
Open the way for organizations of the Arab League of Arab States and the Arab media and international to move freely.
While the sixth item of the tasks of the mission in the formula developed by the Arab League Council, giving the mission the task of the investigation, and this is not in any of the terms of the Arab plan to solve the crisis. Not to mention that the investigation is the business of the sovereign, therefore, propose removal of Syria this item because it is not legal in the place.
5 - Section VII of the tasks of the mission is «the mission full freedom of movement and freedom of action as it deems appropriate
Of visits and contacts relevant to the issues relating to its functions and working methods of
Provide protection to civilians ».
What was missing item is the need for coordination with the Syrian government to accomplish this mission, the protection of the mission
And secure the integrity of its mission to conduct and facilitate contacts and visits, requires informed the Syrian government.
The Mission does not work on the land devoid of the rule.
This is the reason for Syria's proposal to adjust the seventh item to read as follows: «Mission of the full freedom of movement and freedom of action as it deems appropriate visits and contacts relevant to matters relating to its functions and the framework and methods of work in coordination with the Syrian side».
6 - Article VIII of the tasks of the mission provides for «the mission visited refugee camps in neighboring countries to view their situation».
In this, we say no to Syria no control over the camps in neighboring countries, and not a competent authority
Or to give permission to allow the Mission to visit the camps, and thus the existence of such a clause in the Protocol
Does not have any binding legal effect to others.
This was Syria's proposal to write off this item.
V. - the mission to help fulfill its mission:
Enumerated the fourth operative paragraph of the Protocol, the undertakings that are committed by Syria in order to assist the Mission
On the performance of its mission.
And show the following commitments that were the subject of review by Syria.
1 - The first item of the pledges of assistance provided to «provide all the facilities and to allow the necessary technical equipment for the success of the mission, and provide Mgarat in the Syrian capital and other locations determined by the mission».
The above text was requested to allow Syria to enter the necessary technical equipment. As it can not determine in advance the equipment it requires to make the regulations to Syria to be able to give approval.
This was supposed to include the text refers to it. This is called a request to amend the item to read as follows: «provide all the facilities and allow access to technical equipment required under the regulations approved by the Syrian authorities for the success of the mission as well as facilitate the provision of premises in the Syrian capital and other locations determined by the mission».
2 - the second item of the text of the aid pledges to «ensure freedom of access and safe access for all members of the mission throughout the territory of the Syrian Arab Republic at a time determined by the mission».
The provision of access and freedom of movement requires that there be coordination with the Syrian side to be able to secure access and freedom of movement in the places and the dates set by the mission.
As the text Khaly of reference for such coordination has asked Syria to amend the second item reads as follows: «secure access and freedom of safe movement in coordination with the Syrian side to all members of the mission in all parts of the Syrian Arab Republic At a time determined by the mission».
3 - the third section of the text of the aid pledges to «work to provide full freedom of the mission to visit prisons and detention centers, police stations and hospitals at a time determined by the mission». In this, we say that all the contractual obligation must have a goal consistent with the will of the parties to achieve a very accredited
Before them, and must not be inconsistent with this commitment and other obligations contained in the instrument of obligations held.
And come back to say if the plan of joint Arab action, on the situation in Syria approved by the Council of the Arab League of Arab States at the ministerial level and approved by Syria, provided for the release of detainees, what is the reason to visit prisons and detention centers, police stations and hospitals? Is that good faith requires?.
If the Arab is not the mission, the task of investigating what is the justification Almtaklat visit prisons and police stations and hospitals?. Is it in the belief that all protocol jeweler in prisons and detention centers and hospitals in Syria are peaceful demonstrators and there is no criminal cases or cases of disease than those resulting from the demonstration? And then where to draw the mission information on prisons and police stations and hospitals? What is the purpose of these visits.
If its good we went, how long to continue these visits?.
And the foregoing and the absence of legal justification, Syria proposed the deletion of this item of the Protocol.
4 - the fifth item of the pledges of assistance provided to «ensure not to punish or embarrass or harass any person in any way and his family to contact with the mission or to provide testimony or information with». As noted included text phrases harassment or embarrassment, and the concept of these two phrases is specified, any word or act that could Evsraly that harassment or embarrassment, and what constitutes harassment of a person Oaharaj
May be considered a normal reaction to someone else. And more claims.
And also, the term contact with the mission denies the statement then because of communication to provide testimony and information
Therefore, Syria proposed an amendment to the item referred to reads as follows: «guarantee not to punish or pressure on any person in any way and his family to contact with the mission of the issues assigned tasks».
VI - reporting:
Paragraph V of the Executive Protocol provides that «The Mission periodic reports on its findings to the Secretary-General of the Arab League of Arab States in preparation for submission to the Ministerial Council by the Arab Ministerial Committee on the situation in Syria for consideration and take action in this respect».
The Syrian proposal in this regard that it is necessary to provide the Syrian side copy of the reports prepared by the mission as a party to the Protocol and as on the first of these reports.
VII - proposed additions Syria:
Syria proposed to the Secretary-General of the Arab League of Arab States to add two paragraphs to the Protocol.
First: «The duration of this Protocol two months from the date of signature can be extended with the consent of the parties». And upheld find this add-in that each agreement must specify the period for its implementation can not be left open.
If necessary it can be agreed upon extension.
II: «The Syrian government does not bear any financial costs for the functioning of the mission».
After what has been its review of the paragraphs of the draft Protocol and proposed by Syria from the cancellation or modification of some of these paragraphs or some of its clauses, it is clear beyond any doubt that all the proposals the Syrian did not affect the substance of the Protocol and the main purpose of which is to check the implementation of the Arab plan to solve the Syrian crisis that plan approved by Syria.
As noted, the amendments were proposed to correct inaccuracies and legal sovereignty contained in the Protocol or deletion of filler and repetition. But, as was evident that the end is not Arab participation in the follow-up the situation in Syria and the Arab League, but the use of a vehicle for international intervention and planned use of them to give the blessing of this intervention.
This was clear by rejecting the Arab League Council to any proposal or amendment, but refused any query regarding the subject of the Protocol. All that is needed is for Syria to sign and wait for the next steps to be taken right to the internationalization of the domestic situation.
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