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International prosecution of Israeli or Hamas leaders would not bring swift justice – and even bringing them to justice will be difficult

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The International Criminal Court may issue arrest warrants for each Israeli and Hamas leaders within the wake of Hamas’ October 7, 2023 attacks on Israeli civilians and the next Israeli invasion of Gaza, according to Israeli officials and what The New York Times and other sources mass media called “foreign officials”.

Israeli Prime Minister Benjamin Netanyahu is one of them individuals who may be named within the arrest warrant Already this week, the Israeli every day Haaretz reported April 28, 2024.

The ICC, an independent tribunal based in The Hague, Netherlands, prosecutes genocide, crimes against humanity and war crimes – the latter legal term which incorporates attacks on civilians and other crimes. violations of martial lawSuch as blocking humanitarian aid.

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Karim Khan, the present chief prosecutor of the ICC, announced in November 2023 that he would launch an investigation into Hamas and Israeli suspects following the Hamas attack in Israel that killed 1,200 people and kidnapped tons of more, and Israel’s subsequent war in Gaza, which has thus far over 34,000 Palestinians died.

ICC criminal investigation appears right after the famous genocide case which South Africa brought against Israel in December 2023 before one other international tribunal called the International Court of Justice.

But these investigations and courts are different. Although the ICC may conduct trials of those allegedly answerable for criminal violations of international humanitarian law, the International Court of Justice is the part of the United Nations that adjudicates civil and civil disputes. cannot accuse individuals of crimes.

How human rights researcher and international courts, I consider it is vital to emphasize that international criminal tribunals do not have enforcement powers of their very own. And meaning they could never be able to arrest suspects or bring them to justice.

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Therefore, these international courts have had mixed experiences in holding senior political and military leaders accountable for his or her crimes. Only when political leaders lose power is there a likelihood that their governments will arrest them and hand them over to international courts for prosecution.

Palestinians walk among the many rubble of destroyed buildings in Nuseirat, Gaza, April 29, 2024.
AFP via Getty Images

A challenge for international courts

Take the instance of Russian President Vladimir Putin, who has been opposing an ICC arrest warrant since March 2023 for allegedly committing war crimes throughout the Ukrainian war. As long as Putin stays in power, there’s virtually no likelihood of his arrest.

International criminal tribunals just like the ICC have a two-fold problem. First, these tribunals haven’t any real international police force to perform arrests.

Second, governments implicated within the alleged crimes of their leaders often try to obstruct the work of international tribunals by not handing over suspects and trying to attack the tribunals as biased.

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The problem of enforcement, as my scholarship has showncould allow the leaders of a robust country like Israel to avoid arrest warrants issued by international courts – provided the suspects remain within the country.

Israel is in this case is not a celebration to the ICC, meaning that he has never agreed to abide by his judgments or arrest orders and does not otherwise recognize the court’s jurisdiction. The United States and other countries, including Qatar, where some Hamas leaders live, are also not members of the ICC and haven’t any legal obligation to make arrests.

This signifies that if the ICC issues an arrest warrant for Netanyahu, he will be able to go to meet US leaders in Washington without fear of arrest. But he could not easily go to European Union countries, all of that are members of the ICC, and would be forced to arrest Netanyahu.

It is unclear what precisely the ICC’s alleged allegations might include. However, Netanyahu and other Israeli political and military leaders may now avoid traveling to ICC member states in order not to risk arrest if a warrant is issued.

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All this may also contribute to Israel’s development further international isolation and pressure on his conduct throughout the war.

Prosecuting Hamas leaders involved within the October 7 atrocities could similarly stigmatize Hamas internationally.

The United States, which at times strongly opposed the ICC, but additionally supported the ICC the court on an ad hoc basis, he warned that issuing arrest warrants for Israeli leaders could jeopardize a possible ceasefire agreement between Israel and Hamas.

Milosevic’s fall from power

Not all arrest warrants fail.

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Attempt Serbian leader Slobodan Milosevic from the mid-2000s shows how international tribunals might be able to prosecute alleged war criminals after they lose power.

In 1993, while the war in Bosnia was still ongoing, the UN Security Council established a special court, called the Tribunal for International Criminal Tribunal for the previous Yugoslaviato address crimes committed during regional wars.

This court indicted Serbian nationalist leader Slobodan Milosevic for war crimes and crimes against humanity committed in 1999 throughout the ongoing war in Kosovo. Milosevic’s alleged crimes in Kosovo include a large ethnic cleansing campaign against Kosovo Albanians, the country’s largest ethnic group. Milosevic later faced additional charges for alleged crimes in Bosnia and Croatia.

However, on the time of the indictment, Milosevic was still in power and his government protected him from arrest. Milosevic lost the presidential election in late September 2000 and after widespread protests he gave in.

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The United States promised the brand new democratic government in Serbia significant economic aid to speed up post-war recovery. This helped persuade the Serbian government to achieve this arrest Milosevic and then move it to international tribunal in June 2001.

People are holding loudspeakers and standing in front of a black and white photo of a man looking very serious.
Relatives and supporters of hostages held by Palestinian militants in Gaza chant during an illustration calling for his or her release on April 27, 2024.
Jack Guez/AFP via Getty Images

A possible handbook for the leaders of Israel and Hamas

Milosevic trial was launched in February 2002but he died in prison in 2006, shortly before the tip of the trial.

His trial continues to show that, under certain circumstances, international courts can overcome their lack of enforcement powers and bring high-level suspects to justice. International political pressures and incentives often play a pivotal role on this process.

As long as any political and military leaders facing potential arrest remain in power, it is probably going that no amount of political pressure or guarantees will persuade Israel, Qatar or other countries to cooperate with the international court and hand over any leaders in the event that they are indicted.

History also shows that even if Hamas leaders are overthrown or Israeli leaders lose the elections, there isn’t any guarantee that potential suspects will ever face the ICC.

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In Israel, there’s broad public opposition to the ICC, which Netanyahu has attacked prior to now for “pure anti-Semitism”, will probably proceed. Moreover, at the very least within the short term, it’s unlikely that the United States will apply to its close ally, Israel, the identical pressure that it successfully applied to Serbia after Milosevic fell from power.

Kahn did not comment on reports of possible arrest warrants. Nevertheless, Israeli officials they went on the offensive in an apparent attempt to gain American support to prevent ICC motion.

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International

The call of the PKK leader to disarm fuels the hope of ending the Kurdish conflict – but the peace is not close

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Abdullah Öcalan, imprisoned leader of the forbidden Kurdistan Workers’ Party (PKK), has He called a bunch disarm and dissolve. In a letter read by his political allies in Istanbul in Turkey, on February 27, he wrote: “I am taking historical responsibility for this call … All groups must lie down on weapons, and PKK must dissolve.”

Two days later, the PKK Executive Committee declared the suspension of the weapon to the armed fight with the Turkish state. Conflict that began in 1984 In order to establish an independent Kurdish state in response to the state of the state, he demanded the lives of over 40,000 people and displaced tons of of hundreds of others.

Öcalan was imprisoned on the island south of Istanbul since 1999, when He was captured by Turkish security forces in Kenya. But he remained the leader of the PKK and maintained his strong cult of personality amongst the Kurdish Freedom Movement.

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He was a force behind the passage of PKK from its separatist goals in 2000. He argued that the dissolution of Kurdish issue in the Middle East concerned greater autonomy and Kurdish laws through the idea “Democratic confederalism”Built on pillars of direct democracy, not a nation -state model.

In your list Öcalan repeated this argument. The last 200 years of capitalist modernity for breaking the alliance between Kurds and Turks. And he emphasized the importance of a very democratic society and political space for an enduring solution to the Kurdish fight.

The letter of Öcalan turned mainly to the Turkish public and international community and was probably “approved” by the Turkish state. As such, it was somewhat short, sometimes unclear and did not propose an in depth framework with a peaceful process between Turkey and PKK.

But after reading the letter Öcalana, Sırrı Süreya Önder, a member of the Pro-Kurd party of the Comparative Party and Democracy (DEM), shared with journalists with additional attention Öcalan.

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Öcalan he apparently said: “Undoubtedly, in practice, the location of weapons and PKK solution require the recognition of democratic policy and legal framework.” This point suggests that Öcalan’s call for disarmament is only the starting of a protracted trial to end the conflict.

PKK announced that so as to break down and the solution, Öcalan must personally lead this congress. This indicates the expectation that Öcalan will gain some freedom to communicate and manage the process.

Members of the Delegation of the Equality and Democracy of the Pro Kurds at a press conference, at which a letter from Öcalan was read, wherein he called the group to position weapons and solution.
Erd Sahin / EPA

Support for the solution

Leading characters from several pro-heal groups have He accepted the order with satisfaction To disarm PKK. This included Mazloum Abdi, commander of the Syrian Democratic Forces (SDF) and Salih Muslim, a former co -chairman of the Democratic Union (PYD) party in Syria.

Öcalan’s call also received support from the international community. This applies to the USA and Great Britain, which, other than many other nations, recognizes PKK as a terrorist organization. On February 27, USD National Security Council spokesman Brian Hughes said CNN that the commercial was “significant development”, which “in our opinion will help bring peace in this restless region.”

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Perhaps, most significantly, the announcement was Öcalana welcomed almost unanimously by political parties in Turkey. Only the ultra-nationalist parties Dobro and victory oppose the call to solve PKK, perceiving all negotiations with the group as exposing national integrity.

But despite this vital step towards the room, it is difficult to see the inevitable ending of the Kurdish fight in Turkey. The party of justice and development (AKP) and the nationalist movement, which ruled Turkey since 2023. Continuation democratic sphere.

Have replaced by chosen Kurdish mayors with state officials, while imprisoning democratically elected Kurdish politicians. And people in the media, civil society and other democratic movements, similar to the Democratic Congress of the People, criminalized and detained.

At the same time, Türkiye considers SDF and other Kurdish organizations, similar to people protection people (YPG) and PYD for branches of PKK. He supported his militia forces in Syria, the Syrian National Army, to stop the Kurdish autonomous region on its border before reaching political status, recognizing him as a direct threat to national security.

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The President of Turkey, Rep Tayyip Erdoğan, warned PKK about further actions if the disarmament process was stopped. In the post on October 1, Erdoğan wrote: “If the promises are not preserved … such as delay, fraud, change of names … We will continue our operations, if necessary until we eliminate the last terrorist.”

This signals the Turkish expectation that they need all groups which might be related to PKK, armed and not armed, also crumble. However, ABDI stated that Öcalan’s call to dissolve PKK does not apply leads to the group. “If there is peace in Turkey, it means that there is no excuse to attack us here in Syria,” said Abdi.

The Syrian National Army has I began the attacks In northern Syria, so as to capture the territory with the SDF, and the fight is particularly intense around the Tishreen dam.

A map showing the control of territory in northern Syria.
Saint Türkiye Sna attacks SDF positions in northern Syria.
Institute of War Studio

So far, the only positive approach of the Turkish government has been signaling a possible change In the constitutional definition of citizenship beyond ethnic criteria. It could be the first step towards a more pluralistic and integration description of citizenship in Turkey, where people from several ethnic groups have been living for hundreds of years.

There are various concerns about the ways of the dissolution process. But the possibility of peace is invaluable since it opens democratic fighting opportunities. The solution to the Kurdish query, one of the most smoking problems of Turkey, will pave the way for progress in other areas, similar to democratization and freedom of expression.

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The fall of Assad in Syria will additionally weaken Hezbollah and limit the “iranization” of the Tehran region

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The fall of President Bashar Assad will not only affect 24 million Syrians who lived – and suffered a big extent – under his brutal rule. An influence can be felt above the border in Lebanon.

The fall of Assad’s government is one other blow to his Lebanese ally, Hezbollah, who was already Encouraging with Israel’s conflict, which weakened its capabilities and decimated his leadership. But many others in Lebanon will be rejoicingespecially 1.5 million Refugees who escaped from Syria Escar Assad and a 13-year civil war.

As Expert in the field of Library history and cultureI believe that waves from Syria needs to be expected. Contemporary stories of each countries are related, and by a 54-year rule, the Assad family has repeatedly intervened in Lebanon-mainly to the detriment of their people, economy and stability.

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Hezbollah and assad: mutual relationship

Since its inception in the early Eighties, Hezbollah benefited from the strong support of the Syrian regime. There They were tension moments Certainly between them – especially in the middle of the civil war in Lebanon. But in general, Hezbollah was in a position to depend on Syria for a weaponTraining and easy land Access to Iran.

And this agreement was mutual. When Assad’s rule was questioned in 2011 and the country went to the civil war, Hezbollah fighters He moved to Syria strengthen government troops.

But by becoming the strongest paramilitary being in Lebanon, Hezbollah saw his fortune suffered. The last war with Israel seriously weakened the group and forced her to Acceptance of a weapon suspension agreement This covers the path towards disarmament.

In addition, Lebanese support for Hezbollah modified dramatically, with the group’s open calls to stop her paramilitary activity. The war of the group with Israel cost life 3,700 people in Lebanonand around 1.2 million Lebanese -around one fifth population-internally displaced from their homes. Meanwhile, economic loss Lebanon is estimated in billions of dollars.

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Iran, Assad and Hezbollah triangle

It isn’t any accident that the recent progress of the rebels led to the refutation of Assad On the same day, the suspension of Israel-Hezbollah weapons was signed. Hesbollah forces were exhausted, and many of their warriors withdrew from Syria strengthen the southern border of Lebanon.

Syrian rebels selected this moment to hit, knowing that Iran was also too thin with the war of Israel-Hezbollahu to return to help help.

The domino effect caused Iran to unravel “Iran”Resistance axis. “Certainly Tehran lost hard over Syria and Lebanon.

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The proven fact that the fall of Assad coincides with the potential end of the Syria civil war and the Iran-Syria-Hezbollah alliance; It is the starting of the Art Nouveau war that helped anchor this three -sided relationship.

In 2011 Arabian spring -Seria pro-democracy and protests of human rights that began in Tunisia-she made to Syria. Anti -ssad protests broke out in Daraa and soon spread to the foremost cities, reminiscent of Homs, Hama and The Capital, Damascus.

Syrian government He answered with brutalityordering soldiers to shoot protesters, while stopping and torturing hundreds of men and boys.

International Outrage appeared. But the Syrian government remained in power with the support of Iran and Hezbollah. In fact, in addition to Hezbollah fighters, the Corps of the Revolutionary Guard Iran also advised Assad and fought alongside his army against the Syrian nation.

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For Tehran and his proxy, Hezbollah, this helped in the further “andranization” of the region – that’s, the spread of the ideology of the Iranian revolution and Conversion of Syria and Lebanon to the Shiite states.

Syria is principally a Sunni Muslim. Under the family of Assad ruled it Alawite minority – A gaggle that practices a branch of Shiite Islam. Hezbollah, as a Shiite terrorist group, swore loyalty to the highest leader of Iran in his own 1985 manifesto.

The Palestinian cause was one other uniting factor between these three. The revolutionary Iran Credo after 1979 “Death for Israel” is a sentiment shared by the Assad regime and Hezbollah fighters. However, Assad might have been less loud about this – especially since he tried to barter with Israel over the occupied Golan Heights.

Syria, Iran and Hezbollah Assad weren’t only united by radicalism and their desire to control the region. They also divided economic interests and benefited from trade in illegal drugs, In particular, CaptagonAmphetamine stimulant, which is mass -produced in Syria under the patronage of Assad and Iran. The drug is another and significant source of income at a time when international sanctions were bitten.

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With the help of Hezbollah and his control over the airport and Lebanon’s seaport, the drug has turn into widely available in the Persian Gulf. Its highly addictive nature is an actual threat in the Arab world, and Assad used it to exert pressure on Saudi Arabia Restoration of membership in Syria in the Arab League In 2023, in return, the Syrian regime agreed to redirect drug trafficking elsewhere.

Assad’s heritage

Along with the defeat of Hezbollah in Lebanon and the fall of the Syrian regime, the region’s “ianization” is no less than detained.

Nevertheless, 54 years of family rule of Assad in Syria left a protracted trace of destruction in neighboring Lebanon.

IN June 1976 Syria sent over 25,000 soldiers Above the border to place an end to the Lebanese civil war. His presence was to be temporary, but was prolonged to over 4 many years.

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Before the Lebanese civil war ended in 1991, Syria took complete control over Lebanon territory, in addition to national and international matters. Serious violations of human rights, including disappearance, illegal detention, torture and torture, have been reported Murder of political characters and journalists.

In February 2005, Lebanese Prime Minister Rafot Hariri – which publicly opposed the Syrian hegemony in Lebanon – he was murdered in an attack in which Assad and Senior Syrian officers They were strongly involved.

Hundreds of hundreds of Lebanese people prove to mourn the murder of Hariri Rafi.
Ghaith Abdul-Ahad/Getty Images

The murder caused Cedar revolutionWhen tons of of hundreds of Lebanese inhabitants got here out into the streets, demanding the immediate departure of Syrian forces.

Although Syrian forces left Lebanon, the Syrian regime continued to interfere in the country’s policy through Hezbollah, which transformed right into a political and military organization and entered the government in 2008.

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From that moment, Hezbollah would block every decision that didn’t serve the interests of Syria and Iran. For example, Hezbollah and his allies vetoed every presidential candidate who didn’t support the Syrian regime – a politician who fell into Lebanon in the prolonged Presidential vacuum.

Uncertain future

While Hezbollah can proceed to operate in Lebanon and under the umbrella of Iran, the fall of Assad signifies that it’s devoid of deliveries.

Without Syria, Hezbollah doesn’t have quick access to Iranian fighters and weapons – and the newly signed suspension of weapons between Lebanon and Israel confirms the commitment of Lebanon in A UN resolution Calling for disarming Hezbollah.

And even though it isn’t clear what New Syria will appear to be, no less than at the moment the populations of Lebanon and Syria – they each suffered under brutal rule and abuse of Hezbollah – they can enjoy after the departure of a person answerable for so many pain.

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Local government democratic north-eastern Syria will be attacked in a actual country

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After greater than a decade of the brutal Civil War of Islamist fighters, it took only 11 days to survive Syria and overthrow the Bashar Al-Assad regime. The offensive, which was conducted by the Turkish Syrian (SNA) and Hayat Tahrir Al-Sham (HTS) National Army, forced many residents of Western Syria to flee from homes in search of security.

Meanwhile, others have a good time the tip of the five -year rule of the Assad family. There They are long queues People and cars on the Library border border, when displaced people return to Syria, and on the border with Turkey there are also significant grubs.

According to Ali Yerlikay, the Minister of the Interior of Turkey, the monthly average of Syrians crossing the border he almost doubled In sooner or later after overthrowing Assad.

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While these events were developing, the situation of a de facto self-governing region in the northeastern a part of the country called the autonomous administration of northeastern Syria (also generally known as Rojava) didn’t pay much attention to international media. The SNA rebel offensive is successful in the region.

The region management body has called the autumn Assada a significant moment and expressed hopes for a latest chapter in Syria. And the powerful armed groups of Rojaavy, the units of the People’s Protection (YPG) and the democratic forces supported by the USA (SDF), even have each Expressed optimism About the autumn of the Assad regime.

These statements reflect a common sense of hope and commitment to constructive dialogue and cooperation in shaping the longer term of Syria. But Rojava, which was a lighthouse Kurdish complacency And democratic management from the start of 2010, when several districts have announced autonomy, is threatened with each internal and external forces.

There are tensions between the SDF and Arabic tribes over the political influence and abundant natural resources of Rojava. In Manbija, a city west of the Euphrates River in northern Syria, there was Heavy clashes Between SDF and Sna from the start of the rebel offensive. SDF successfully informed rejecting many attacks, but eventually withdrew from the town.

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Apparently also offensive Began in Kobanewhich is perceived because the birthplace of the Rojav Revolution and a symbol of Kurdish resistance. The city is the place of the important thing battlefield, where Kurdish fighters defeated the Islamic State (IS) in 2014.

In other cities in the region, corresponding to Raqqa, Tabqa and the important thing desert city of Deir Ez-Zor, Arabs are demographically more quite a few than the Kurds. The way forward for cooperation between two groups in these areas dominated by Arabs stays uncertain.

Over the past week, SDF fighters captured Deir Ez-Zor and took control of the primary border crossing of Syria with Iraq. Recently, nevertheless, there There were reports suggesting that HTS warriors gain control over the town.

Externally, Turkish military operations geared toward weakening the region’s Kurdish control are a constant threat to Rojava. Türkiye perceives SDF and YPG as an extension of the forbidden party of Kurdistan staff and motion to stop the Kurdish autonomous region along its border to acquire political status that Türkiye perceives as a direct threat to its national security.

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So in cooperation with the Allied groups of jihadists, Türkiye has conducted several operations in northern Syria in recent years to ascertain “Safe Zone” push the Kurdish forces. Turkish forces He took control earlier Afrin cities in the northwestern a part of Syria in 2018, which was then under Rojava’s control.

These activities drew international criticism accusations violations of human rights and war crimes. Sweden with several other European countries, He stopped weapon trade with Turkey in 2019. However, Sweden later He raised the restrictions During the technique of submitting an application for attachment to NATO.

Türkiye plays a key role of an ally for the movements of the Syrian opposition, especially Sna. Served as a very important support system for rebel forces throughout the last offensive, like this He did it consistently in the past.

Rojaava’s future is predicated on his ability to maneuver in complex dynamics. Maintaining US support is crucial since the American military presence is deterrent to Turkish aggression. However, the region must also cope with internal divisions and work on greater Arab-Rurdic reconciliation to make sure long-term stability.

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Path forward

Opposition groups in Syria are very fragmented and we don’t yet understand how power struggles arise amongst them. We know that HTS and its leader Abu Muhammad Al-Jolani have historical connections with Al-Qaeda and IS. The group is now presented in a more moderate light, but there may be a lot of uncertainty.

On the opposite hand, Rojava fought against IS, Jazides were protected during a genocidal campaign against them and established humanitarian corridors to evacuate them and strives to implement a multi -ethnic society based on direct democracy, ecology and sex equality.

Rojava social contract card He protects these principles and provides the representation and rights of Kurds, Arabs, Jazydów, Syriaj-Casyrians, Turkmens, Armenians and others.

The Kurds in Brussels, Belgium protest against the Military Action of Turkey in north -eastern Syria in 2019.
Alexandros Michailidis / Shutterstock

It is troublesome that despite the apparent “confidence” in Jolani – a character who He was once marked “The most sought after terrorist in the world” – as a moderate revolutionary leader, since its establishment has not been recognized by the democratic Ryjaava model.

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Instead of receiving the merit of support, Rojava is concentrated on questions on the priorities of the international community and the prospect of sustainable peace in the region. The Syrian nation, in all its diversity and voices, must determine the ways of constructing a really integration and democratic Syria, in which all people can coexist in the room.

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