ResearchTerrorism issues

Military Configurations and National Security Legal Polls Center

 

Introduction: According to countries conditions approaches in the aftermath of the conflict, which lead to a collapsed shape of different administrations under the power of militias or parallel configurations of the state bodies, whose interest requires the continuation of chaos as a main pillar for their survival, the reactivation of the collapsed directorates, especially the armed and the semi-armed, under the control of labor justice and monitoring laws, is a priority and central step in building the state that guarantees rights and freedoms and the higher humanitarian principles which protect the state and the citizen and which lay the foundations of internal societal and regional peace in the environment of the new state built on the aftermath of its previous war.

I present this paper, the final graduation project for the scholarship awarded by Lund University/ Middle Eastern Studies department to prepare a program: Law and the reformation of security sector, based on “a center being the core of an investigative body with a sovereign legal cover that includes a body of humanitarian Ombudsman who cares about societal peace and security and that lays the foundations of the state stability by combating the parallel bodies of the formal executive authorities in the security and defense sector”.

Detailed description:

1.Type: a center that consists of a follow up and information unit and a humanitarian procuracy whose mission is to monitor and governance the active bodies in the configurations* of the security society “and it is the combination of the active bodies that have control over the state security and its people. It includes the official active bodies within the security society, the security sector, as the security sector can be divided into three main groups: A. organizations authorized to use power, B. bodies of civil administration and monitoring, C. justice institutions specialized in the application of the law[1]”.

It has the shape of a legal investigative body that coordinates with the judicial system as an upper authority and with the other sovereign state bodies and it works on following up the activities of the security related executive bodies and the extent of their transparency in applying the laws of the safety of work conditions from partying or dependency on any parallel authorities or entities out of the national state authority.

The center consists of two parts:

A.* information follow up unit: a legal body that derives its power from the constitutional decision that founds it and it is unarmed directly, but is under the protection of a certain armed group appointed by the founding body and its mission is the follow up of the parallel entities inside the sovereign bodies related to security and defense and giving information about these entities to the specialized body, with recommendations to disintegrate and eliminating them.

  1. Ombudsman body, as a public advocate, appointed to receive the complaints made by individuals and organizations against abuses or capricious acts of public officials, practiced by defense or security.
  2. The aim of the project/ the general aim: A. helping the judicial authority to enhance its sovereign stance in monitoring the state bodies, the military and semi-military and to attribute the executive power to the legal and procedural condition upon which the executive power depends and to guide the executive power to figure out the points of blemish in the military and semi-military bodies to disintegrate and eliminate any body- internal or external- that attempts to control the state entity and its sovereign institutions.
  3. The governance of the defense and security sector by a legal authorized party that includes the institutionalism of the operation of the aforementioned bodies via the before and after monitoring on them to maintain commitment to their role without exceeding them or trespassing people’s rights[2].
  4. The shape: a set specialized in matching security and defense policies to those of the law. It works as a follow up unit and a supporting entity to justice and the prosecution. It is structured in the shape of a civil administration operated by civilians and previous professional military people. “Its members include military experts, judges, lawmen and jurists. They are appointed to work on investigating the substantive issues and they have the authority to look at the official records and to listen to witnesses and to prepare prosecution files and take them to judiciary[3]”.
  5. The work mechanisms- the structure: the structure in divided in the shape of centralized information directorate consisting of two entities: A. the information follow up unit and it consists of six offices, B. Ombudsman (Humanitarian public prosecution entity). In addition to the director general, the structure consists of:

– 1- Research and studies center.

-2- The department of transparency and legal monitoring.

-3- Executive office.

-4- Human resources directorate.

-5- Financial office.

-6- Jury committee and it consists of five people; they are three judges, a security expert and the Ombudsman. He attends their meeting as an observer  sent from the transparency office and the legal monitoring.

– Each department or office is linked to a directorate with sub and integrated missions to maintain functional integration and to enhance institutionalism.

Ombudsman: with legal capacities derived from the prosecutor capacities in the international criminal court “it includes the responsibility of receiving referrals and the attached information with considerable evidence related to violations in the center specialization to study them to take the mission of investigation and prosecution before the national courts or the international specialized courts[4]”.

The prosecution registry is affiliated to the ombudsman: it is a unit that organizes the office records and maintains its legal services and communicates with the claimants, personal and public rights. It works to help the victims and the witnesses who appear before the court and the other people who are endangered because of giving their testimony or if their families are at risk. The unit provides the protection measures and the security arrangements, counselling and the other proper assistance[5]”.

Management, labor system and promotions: the labor system shall be institutional, administrative with a hierarchal nature. It is not subject to the military laws of promotion in hierarchy and structure, but it depends on promotions related to promoting employees in the legal profession.

The relation between the center parts, (information follow up unit and ombudsman): It is an integrated relation within the center specialization system. The information follow up unit is in charge of state cases- general right- specialized in following up the activity of the entities that affect or prohibit the governance of the defense and security sector, be it through corruption networks or violation attempts and the imposing of control from internal groups- militias or configurations affiliated to foreign countries.

The ombudsman office is in charge of: the individual or group cases done by military forces members, military or semi-military against citizens or human groups in the state.

The link between the two bodies shall be in all departments and offices in that:

  • The follow up unit provides the prosecution with studies and the documents needed within its specialization.
  • The follow up unit has the right to suggest the expansion of investigation to include wider entities that protect or support the defendants rightfully.
  • The follow up unit approves the financial budget of the prosecution via a committee that includes: (the director general, the executive office, the human resources, the financial office, the legal transparency and the prosecutor).
  • The panel of arbitrators, with the legal specialization, coordinates the cases where expanding the investigation is proposed between the information follow up unit, as a first party, and the prosecution as a second party.

*The sensitivity of the files and specifying what is allowed to be published: the role of the office is to provide the ombudsman office with information that allows it to monitor without having the goal of publishing as a necessity because investigation is something that requires confidentiality until the investigation is over. Then, the results are sent to the entitled judiciary to authorize publishing or to keep the files confidential because they are related to the security and safety of the state.

5- Working mechanisms- Working fields:

Criminal specialization, prosecution and criminal proceedings: This includes the cases that occur inside the borders and the lands of the Syrian state and the Syrian citizens residing on the Syrian land, or those legally assimilated, and those who fall under the article of temporarily or permanently protection in the state land and all the organizations and bodies working on the lands of the state. The specialization includes the possibility of chasing any entity or individual of the state or those of other nationalities out of the borders of the state if they practice any activity that cause harm to the safety and security of the Syrian state or its citizens wherever they are. The center targets one of the sovereign sectors in the state:

-1- Office of the executive power head; whether President of the Republic or the Presidency of the Council of Ministers, depending on the outcomes of the political process that settles the disputes and decides who the consecutive power is.

-2- Ministry of Defense.

-3- Ministry of Interiors.

-4- The central directorate in the General Intelligence- State security/ or national security.

The work in the proposed center covers one of the previous sectors and works as an independent unit specialized in supporting the sovereign decisions related to societal security, including internal state security according to the available data, the ongoing studies and the monitoring made by the transparency bodies inside the center.

* Ceasefire Requirements: the ceasefire might be imposed under the power of the peace-keeping forces according to a resolution by the Security Council. These forces have already many violations and overruns in different areas[6]. Because of this, the specialization of the center in prosecution and the principles of prosecution is expanded to include any international or regional forces working on the ground.

  1. Working mechanisms_ the targeted group:

The military or semi-military units working in security and related to the safety and stability of the state and society, in addition to the individuals and entities that affect the security and defense sector, whether in the practical occupational side or the technical logistic (equipment- training) or financial investment (profitable projects).

  1. Working mechanisms_ the relation between the center and the rest of the state bodies and society institutions:

The center is an alternate center of the sovereign bodies and it has full independence. It works as a monitoring and follow up cell of the activities that are against the safety of the state in the most dangerous sovereign body; security and defense in addition to the effect of this body on the stability in society through its relation between the Ombudsman and the society and citizens. This monitoring is based on real action and the building of security governance and making it a body under the statutory ceiling. Depending on this, “it is an entity to search for the blemishes in the legal structure that facilitates the process of human rights violations or infringing the security sets powers and to report them to the parliament to propose legal amendments. Depending on the sensitivity of the file, it might allow its publication or postpone the publication. But, in any case, it proposes the recommendations related to the amendments of the legislative structure that allows violations and infringing the authorities[7]”.

“The police service and the internal security were founded on the principle of the police state and the enhance of the iron fist. This started since the mid of the last century by Colonel Abdel Hamid al-Sarraj[8]. It is not something new. This idea was further enhanced at the time of the founder of the current regime, Hafez Assad, who gave the security bodies absolute freedom to fully control the state and usurp it aiming at eliminating any opposition and at establishing the pillars of the iron control. He changed Syria to a state without any power of law or constitution and without any juridical legal relation among the state bodies and institutions[9]”.

The relation between the center and the state bodies and the official institutions: it is integral and it allows the center to practice its role without overrunning the state prestige and the sovereignty of the public order. On the other hand, it maintains the safety of the state from being violated or unconstructive erosion.

The center and the local community organizations: the center provides its services to the local community in that it works on protecting this community from the return of brutality to it. This is an integral reciprocal role as it allows the organizations to practice monitoring on the center to know its exact role and the extent of its transparency and its success it its missions.

  1. The center: the concept of building peace and eternal justice:

The center is not concerned with chasing war criminals or the Syrian conflict in the period before the war ends in as much as it is interested in building a national valuable state and a humanitarian dimension manifested in the most important joints of the brutality of the state, the previous regime, the security bodies whose rebuilding and reform is a basic step which is not of less importance than them, to make them under the authority of the law and to activate people’s trust in them. This will replace the case of horror resulting from the bloody brutal practices. One of participants in the opinion poll expresses his opinion in the proposed body saying “as a previous prisoner, and as a witness on practices that include killing without trial perpetrated by these mentioned bodies, I am in favor of eliminating the security and defensive set of the regime altogether and to rebuild another set as a supplant established on a human basis in treatment and on human rights. The members of the previous security and the current ones did not have any idea or education about them[10]”.

The center- the proposed body- will have a moral mission, a humanitarian in the first place, which is to build bridges of trust among civilians, especially those who underwent violations, and security bodies founded on the aftermath of a totalitarian brutal regime.

No apparatus no matter how practical strength is and no matter how transparent it might be can follow up and monitor the activities of the security and defense sector, unless the constitution defines the capacities of the military and semi-military apparatuses clearly in the state and puts them under strict monitoring together with a legal network with high constitutional powers. The center- the proposed body- must share with the constitution makers and experts to define its capacities and those of the apparatuses it will follow the constitutionally[11]”.

9- Implementation mechanisms_ the center roles in the aftermath of the conflict:

*as a fourth branch that guarantees the non-diversion of the army, police and the intelligence from their duties and in parallel with the foundation of the new institutions, the main role of the center will be a legal control and it will practice its missions within the capabilities delegated to it by the official authorities, on which of them is the constitution or the specialized constitution committee while taking care of developing the center after the conflict ends, depending on the needs of each stage while taking into consideration that the proposed institution is a flexible working unit that will be established with the peace agreement and the start of building and reforming the apparatuses of the state.

1- The ceasefire stage and the signing of consolidating peace agreement:

It is the most difficult stage because of many reasons including: the absence of the authority of the state. The proliferation of militias, the collapse of the sovereign apparatuses, the extreme international and regional intervention which is out of the UN authority and which aims at imposing the agendas of the countries in the rebuilding files and the fragile role of the UN because of the too many roles on its shoulders. In this stage, which might extend from 6 months to a year and a half, it does not mean complete stop of killing and targeting. The best solution will be to establish the center outside the Syrian state, but according to legal and prestigious terms of the country to be chosen to host the center and its team. It must be (a bordering country, not involved in the conflict at all and where the UN can practice a controlling role. Such a country shall issue legal license to the team center and shall provide protection and stability. We are before two choices here: Jordan as an Arab country which maintained a relative balance in the conflict and Turkey as a second choice due to regional considerations.)

2- The stage of evaluating the state’s apparatuses and institutions:

This stage starts with the ceasefire stage; it will be in the first 6 months and it will extend along the stage of the consolidation of understandings related to the process of building security and peace. The role of the center in these two stages: within the international and internal activity teams which are interested in finding the points of faults and to know the location of the parallel entities and their risk and the readiness of the security and defense apparatuses to respond to the requirements of reform.

Ombudsman’s role is the building of trust with the community system as a part of this system, and the ombudsman will try to restore it, and to restore the trust in the legal authority that will be the title of the stage after the conflict ends. In this stage, the role of the center is also to impose itself as a legal constitutional recognized entity.

3- The stage of building the state apparatuses, and restoring its mother sectors:

This stage starts with the stage of holding the general elections and the recognition of a constitution for the state and the formation of a governing body, so that the role of the center will be to assist the state and the international control bodies in governing the elections and controlling the peace process by closely observing the work to guarantee the success of the main mission of the center in uncovering and eliminating the parallel entities and in increasing the society and its components activity in controlling the apparatuses of the state.

4-The stage of stability and building the state:

This stage is the most important in the life of the center, or rather in the life of the Syrian state_ the second_ which will be founded after the conflict ends and after its initial consequences end. This stage is at the end of the second year and the start of the third year since the end of the conflict and the stability of the governing body, the constitution, the constitutional court, the ministries and the public and subordinate directorates in structuring the new state. The role of the center here is that the center will have finished building itself which coincides with the building of the new state of governance. The center here will do its assumed role in maintaining the principles it declared which are (sovereignty, justice and transparency) to maintain the sovereignty of the state on its borders and wealth and which guarantees the just contribution of the wealth according to the law which is governed and transparent and that guarantees stability of the society, and the safety of the region and the world via a relation among the sensitive apparatuses which have claws, the security and the defense, with the people spectra on the one hand and with the rest of the state system on the other.

10- The importance of the project in the Syrian case:

Centers of this type are founded to fix the termination of the conflict and to prevent the reasons of its return and “the real reconciliation committees are characterized by being national formal entities founded according to the law following the capacities of the president of the state or those of the head of the council or the parliament, or according to peace processes among the conflicting parties or among them on the one side and the UN on the other if the latter has supervised the dispute settling[12]”.

And as the Syrian case is special in time and place, which is manifested in that none of the parties, the regime, the people, the opposition, can end the conflict in his own favor and as a result of the regional and international interventions, and disabling the abilities of the UN and those of the justice specialized legal committees of the UN and because of the obstructing Russian and Chinese veto, we can say that the nearest exit to political reality is the continuation of the current regime security apparatuses, without their total collapse. This means the necessity of fixing them and preventing them to use their powers away from the power of the law one more time.

Compared with the countries that witnessed revolutions against their regimes, what is happening in Syria after the start of the popular uprising to down the tyranny and the control of the security entities over all joints of life, we see that there is a difference between the concept of reform in these countries and the Syrian case. In the latter, there is a need to reform the military and the security sectors and this depends on the necessity of clarifying the role of the security apparatus in the future Syria, in which the security/military rule ends in favor of civil constitutional powers. This is the importance of the center as it targets the elimination of the parallel entities. On top of which are the militias and it also targets stopping the violations of the human rights. This can be achieved by destroying the violators’ points of support, which are the out of law entities that protect them. Herein lies the necessity of the idea of the proposed center[13]”.

The importance of the Syrian case can be generally expressed as being (the control of the performance of the sovereign apparatuses which have armed power in security and defense, and preventing them from perpetrating any violations. This requires chasing the violators and removing their claws, fragmenting the parallel entities which protect them and sending them to the specialized judiciary, depending on law, and the outcomes of the specialized constitutional entities. Doing this, the change will be achieved by soft tools, instead of the open confrontation, which might bring the country back to the scratch of the armed conflict).

*It is important that the center founders, those in charge of it or its monitoring sides, or the local community, realize that the center works _as a priority_ on not allowing the infringe of the sovereign apparatuses authorities. Doing this, the center does not offer its services as a product for anyone, be they the local community or the centers of making the sovereign decisions, as much as it is to protect the democratic system and the policies of the wise rule. With this, both parts of society, the civil and the official, benefit automatically from this protection by guaranteeing the core of the democracy of the state, which enjoys governance and which guarantees the safety of the state institutions and its sovereign sides from deviation.

Note: the project is integrative between two sides, the first (the information follow up unit) works on eliminating the parallel entities that support the violations, and which affect the state independence and its legal sovereignty, and the second (ombudsman) in cooperation with the local community, works on uncovering the tails of these entities and referring them to the law. This actually means ending the chaos and the governance of the security sector under the power and sovereignty of the law.

11-Similar experiences in the field of the complementary centers to the sovereign state apparatuses:

Before going into the details of the experiences and nature of the center. The proposed apparatus, I refer to the principle of the peculiarity of the Syrian case, due to its accumulative dimension that preceded the direct conflict between the regime and the local community. Rather, it goes beyond it for each phase of the Assad family rule and the Baathist rule: “with the presence of _as I can see_ a gap, which is the inability of such a center to chase the crimes retroactively, in a way that precedes its foundation and the process of imposing the solution. But, in any case, and depending on imagining a national solution that is good for everyone, I say: proposing an idea that combines between fragmenting already existing entities or those that emerge in the state with the aim of destroying this state, and the idea of having ombudsman, new in a way that enables the citizen to chase his oppressors, this will not be accomplished in a classic way, but via fragmenting the entities that support those violators and this is the essence of the idea[14]”.

1.Judicial Information Center (Egypt): one of the most important central directorates in the divan of the ministry of justice. Its role is manifested in being the active directorate to develop the system of performance and procedures in the judicial system in the judicial entities and the supporting bodies[15]”. It was founded following a “decision from the President of the Arab Republic of Egypt, No. 726, year 1981, for the foundation of information and documentation centers in the administrative bodies of the state and the general entities and the definition of their specializations. The information and documentation center aims at collecting data and information that serve the goals of the side where the state presidency is founded. It also aims to record, analyze, organize and index these data and information and update and amend them immediately to assist in taking the wise decisions in due time[16]”.

Points of similarities and the discrepancy between the Egyptian Judicial Information Center and the project of the investigative center:

A- They both seek to make the state apparatuses reach an advanced rank of legal control that participates in the policy of the decision of the wise ruling.

B- The Egyptian center was founded following a presidential decision required by the government interest and this idea started at the time of President Sadat, since he targeted the points of strength that represented the extension of Abdel Nasser authority. The proposed center, however, aims to consolidate the authority of the state, not that of the regime, and to consolidate the governance of the defense and security sector, as they are the powers upon which the repressive regimes depended. In 2007, Egypt issued a decision to supplant naming the Judicial information Center with the name Information and documentation center, affiliated to the deputy of the minister of justice for information affairs[17].

2- The ministry of human rights: this occurred in Iraq. The ombudsman post was separated from the ministry of justice and was changed to a sovereign independent side that controls the work of the prisons and the social security sectors. But the experience was full of disadvantages including:

A- Subjecting the ministry to the requirements of political quota, and in its ugliest face, sectarianism. With this, it changed from being “ombudsman” to becoming a party of settling of scores following the power of laws that include the eradication of Baath and others.

B- Limited effectiveness of the official ministry as being part of the government and has to observe the international interests and the regional consensuses. This is different from the role of an independent center with more freedom and flexibility.

C- The ministry inability to follow up the violations inside the military and semi-military sectors and being limited to prosecution of personal rights of citizens. Being ineffective, the experience of the human rights ministry in Iraq lost its glamor and it was dissolved and merged with the ministry of justice[18].

3- Politics and Security Committee (PSC) in the European Union: this committee, which emerged from the outcomes of the Treaty of Nice to develop the political and security industry in the union, might be the closest to propose the project addressed in this paper. An intensified work team is formed, specialized in organizing the directorate of integrated security and defense (EFSP). This committee will provide the other specialized committees in the union with political inputs, military issues and crisis management sides. It is worth mentioning that the foreign political relations in the union consist of: A- trade and technical assistance/ B- policy of defense and foreign relations/ C- justice and interior affairs[19]”.

Here we notice the failure of the experiences of the governance of the security sector in the Arab world, because of the absence of transparency and the authority desire to control, compared with the successful European experience, where the idea of the project depended on the politics and security committee in the union.

12- implementation mechanism_ work/ censorship on the center, the principles of appointments and financing sources: “it can be said that the entities of censorship and justice are not judiciary and not parliamentary. They are at the rank of middling entities between the state and the society, given the responsibility of looking at two specialties: one is qualitative and the other is chronic, as from the perspective of the Jurisprudence of human rights[20]”.

In the context of implementing the work mechanisms mentioned before, censorship on the center consists of two systems:

A-Internal: the department of transparency and legal censorship, which enjoys the capacities of central censorship adopted in governance counties.

B- External:

1-International censorship: censorship committees from the donors (as a main side of financial support) and from the international transparency organization.

2- Institutional legislative: the judicial apparatus and the constitution council, as an upper authority that supervises the work of the center.

3- Social local: from the local community organizations and the citizens with the authority of suing the center or one of its members.

Principles of appointments: *Before specifying the principles of appointments, the question is about the dependency on the center because dependency means two things:

A- Who appoints the head of the center?! He is appointed by the upper sovereign side which is the council of presidencies_ or the president_ with nomination from the judicial council of five names and the president is chosen out of them (if the post of the president is taken by one only), or by the council of presidencies if the system is like the Bosnian way. The decree is issued to appoint him for a four-year period only, may not be removed from office by any side. With this, the project executive side _the judicial council_ or the one legally authorized coordinates the process of appointing the members and the team of the center together with the specialized donor committees, or the financing side (provided that the financing side is governed and enjoys international credibility).

B- Whom to does the center head report his reports?! To the presidency and the judicial council in a way that authorizes the head of the center to address the two sides directly, provided that the two sides are notified at the same time about the content. It is in the form of files of two identical copies.

Note: names nominated to the center team are sent to the specialized side provided it is:

1-Recommending it by judicial or legal or humanitarian committee members, such as the free judicial council.

2- Experience and familiarity with the issues the center cares about.

3- Neutrality and no partying and the ability to work under very sensitive and complicated conditions.

*Note: the legal sides in charge of executing the project works on making the permanent constitution of the country include naming the center as a legal censoring side. The constitution specifies the capacities of the center in this naming and how its members, investigators and manager are chosen. All this is within his relation with the judiciary, the presidency, the government and the parliament.

Sources of financing: financing in its beginning comes from drafting the project to credible sides, including the specialized donor committees, the security and politics committee in the European Union (PSC) or independent regional or international organizations or local donors seeking stability of the country aiming at investment in rebuilding (provided that the financing side is governed and has international credibility).

Later, the center seeks to impose its existence via high credibility, transparency and the ability to accomplish in censoring the institutions of the government as an independent sovereign side, financed from the formal allocations of the government depending on the finance awarded to the judicial council and the legal complementary sides in a way the budget is mentioned in a constitutional or legal article that protects the center from dependency to certain governmental sides that might cause harm or impose partying on the work.

13- The challenges that might obstruct the project and how to avoid them:

In connection with what we have mentioned about the experiences of the centers complementary to the sovereign apparatuses of the government and endless others, and in comparison to the successful experiences such as the PSC committee in the European Union, we can limit the challenges to:

A- Political challenge: no matter how the end of the conflict might be, whether federal, central or semi-central and regardless of the shape of the existing system, whether presidential, parliamentary or presidential parliamentary or a council of presidencies, there will be the dilemma of (the consequences of the conflict). They are hundreds of thousands of suspended cases of those forcefully disappeared and victims of rape and killing illegally. This lays the foundation of a case of political instability, which is needed by the constitutional institutions to build their internal, local, or external regional or international partnerships.

Solutions: depending on going on in steady steps in building the abilities, not allowing the center to be involved in any political balances or tensions and invoking to the plan of the center structure mentioned in article nine in the project implementation mechanisms under the heading: the center roles in the stages after the conflict.

B- Security challenge: there are security challenges from two sides that get in the way of building the center; the first in internal “related to the reform process in the military and security sectors. It depends on the necessity of dismantling and ending the militias brought by the dictator regime to help it in its military operation against its people. The danger of the militias coincides with the danger of the radical moves of the organized terrorism[21]”.

External getting the licenses of residence and work and granting the right to move with no obstructions in the _hosting_ country, where the main office will be temporarily.

Solutions: it depends on the seriousness of the project management in the stage of building, before the peace process and ending the conflict. This requires:

  • The right choice of the hosting country and communicating with its specialized sides to get the legal protection and to work. This is accompanied by communicating with the specialized international sides.
  • Working closely with the teams working in the field of ending the conflict to consolidate the role of the center and to pass the caveat of its work to the working committees, because the center is part of these teams and committees and what threatens it targets all of them.

C- Legislative challenge: it lies in the ability of the center management and its staff to impose their presence as a legal side with credibility, legally registered in a constitutional article or legalized in a definition valid from the constitution council.

Solutions: Working closely with the teams working in the field of ending the conflict to consolidate the role of the center and to make its goals and work plan succeed and to impose its legal equation via working and communicating with the stakeholders, whether the internal Syrian sides or the external, international and regional and to provide accomplishments in the field of the plans related to the reform and governance of the security/defense sector.

D- Economic challenge:

1-Finding a donor with governance terms, and staying away from partying and guidance.

2-Convincing the donors with the importance of the project in two main points: A. the stability of the region according to the stability of the Syrian state// B. the building process and the building of production lines and successful holding institutions cannot happen without stability associated with the governance of the sovereign sectors. On top of which are security and defense.

Solutions: this happens with the precise and convincing formulation of the project and through depending on belief in rights and to move seriously to consolidate the idea of the transitional building of the future state, not on the basis of this project only, but on the competence of the Syrian people as part of the international system with the right to live in stability and in internal, regional and international peace.

  1. The logo and the symbol of the center:

A-Background (cover background): photo of the sculpture of the Lady Justice, “as she is one of the most famous statues internationally. The history of the statue dates back to the ancient Roman era because this Lady is the goddess of law and justice[22]”.

B- A logo with the brief name_ a trade/legal mark of the center_, which is the Symbol (Safety).

Identification code- the two wings: they represent the security and defense and the scale of justice on top of them. The word safety in the center represents the good society.

C- as the center cares about legal censorship on the performance of the security and defense apparatuses and as it works according to legal polls missions to protect the democratic systems and to maintain the base of the good rule, the name of the project was chosen:

((Military Configurations and National Security Legal Polls Center)).

14- General _preliminary_ budget:

The building of the center is based on two main stages, from which the stages mentioned above emerge. They are:

  • The foundation stage: it precedes the process of signing the end of the conflict agreement and it is in the first 6 months and it extends the period of temporary existence outside the lands of the country concerned with the project, Syria. the period will be between one year and one year and a half, depending on the security condition.
  • The after the conflict stage: it extends on the activation roles mentioned in the ninth article_ execution mechanisms_ in this stage the financing will be to one of two choices, either the state of the good rule or the support from the building fund continues under a direct national supervision.

Mahmoud Ibrahim

[1] The Democratic Governance in the Security Sector: international politics center/ Washington- international development center and dispute settling in University of Maryland. P 1, writer Nicole Paul, prepared for UNDP workshop (learning and experience, for Afghanistan) 2.5. 2005.

[2] https://goo.gl/gbeYN5// preparing the official site: * comment- a private message sent to my page from Dr. Rabha Allam concerning the idea of my project presented to the program management. 12.5.2017.

[3] https://goo.gl/gbeYN5 // preparing the official site: Ibid (comment- Dr. Rabha Alam message, completed with his translation).

[4] https://goo.gl/kWwbgM // See (Médecins Sans Frontières): the Scientific dictionary of the humanitarian law – the international criminal court, article (second, international criminal court, structure  and organization- the court registry). There is no page numbering, seen on 10.1. 2018.

[5] See Ibid (the court registry).

[6] https://goo.gl/73GTWs // BBC Arabic: the UN is investigation sexual abuses done by the peacekeeping forces in Central Africa. Published 25.3.2016.

[7] https://goo.gl/gbeYN5 // preparing _the official site. Ibid (comment_ message of Dr. Rabha Allam, completed by his translation)

[8] https://goo.gl/QtmdQm //Al-Arab Newspaper, London: the intelligence policy in the area. An article by Ibrahim Aljabin 14.1.2018

[9] Monther Al Diwani, a leader in the free Syrian army, a previous captain in the army before the conflict. He defected during the military campaign on Deir Ezzor.

-interview type: opinion poll in a series of calls on Skype, in the period October 2017 through January 2018.

[10] Saed Eddin Mohammed Awad al Kubaisi: an assistant engineer, a political activist, he was arrested in the late 1980s convicted of hiding information related to opposition members from the intelligence. He was imprisoned 7 years without trial and witnessed illegal executions in Palmyra prison. He was deprived of his civil rights for 15 years after his release. Then we was re-arrested during the popular unrest convicted of the same previous reason. Currently, he is a refugee in a regional country.

[11] Monther Al Diwani, a repeated reference. Already translated.

[12] https://goo.gl/ifZP8t// courses of a preparation curriculum: transitional justice_ the foundation and perception, and the experiences. P. 131_the article of the potential benefits behind having real committees. Ahmed Chawki Benyoub_ expert in human rights and transitional justice. There is no date of publication of the research.

[13] Monther Al Diwani, a repeated reference. Already translated.

[14] Saed Eddin Mohammed Awad al Kubaisi: a repeated reference, already mentioned.

[15] https://goo.gl/dPG7eB//, Ministry of Justice gate _ Arab Republic of Egypt. Seen 15.1.2018.

[16] Ibid, Ministry of Justice gate, the decision of founding the center, issued by the republic president.

[17] Ibid, Ministry of Justice gate, the decision of minister of justice (1095), 2007. The reorganization of the judicial information center.

[18] https://goo.gl/MzySA7// AIN News, Iraqi News Agency, a statement ascribed to the minister of human rights concerning the abolition of the ministry of human rights because it is, according to the minister, a fatal blow and a non-constitutional decision, date of editing 31.8.2015.

[19] https://goo.gl/xZWLTA // see_ Contemporary Diplomacy: Representation and Communication in a Globalized World pp. 58-61, author Geoffrey Allen Pigman, translated by Dr. Mohamed Safwat Hassan, Dar Al Fajr for publication and distribution (Cairo), first Arabic edition 2014.

[20] Ibid.

[21] Captain Monther Al Diwani, (already mentioned): in responding to the challenges that face the governance of the security and defense sectors in the government after the stage of the bloody conflict.

[22] https://goo.gl/3skJbb// Al Nahar electronic newspaper: to know the most famous 5 statues in the world. Published 10 October 2016.

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