The presence of foreign fighters in Syria following the outbreak of popular protests in 2011 was one of the main factors that complicated the conflict and transformed it into a regional and international one. It also led to the involvement of external groups and parties that became active on the Syrian scene, while Syrians were suffering from displacement, killings, and destruction at the hands of the deposed regime.
Over the past 14 years, reports issued by the United Nations and global research centers stated that ISIS included between 30,000 and 40,000 foreign fighters in Syria. In addition, Iranian militias and other groups loyal to the deposed regime included around 25,000 foreign fighters. A few thousand more foreign combatants joined Syrian opposition factions, arriving from several countries.
In an exclusive interview with Ibrahim Maleki, a member of the Defense Committee for Prisoners of Conscience in Syria, he answered several questions about foreign fighters in Syria, including their impact after the fall of Bashar al-Assad’s regime and whether the issue of foreign fighters affects Syria’s foreign relations.
Below is the full interview:
How do you see the impact of foreign fighters in Syria after the fall of Bashar al-Assad’s regime?
Foreign fighters entered Syria under various pretexts, including religious, nationalistic, and ideological ones. They have now become pressure factors on the project of building the new state. They can be considered ticking time bombs, and due to their nature as foreigners, they are likely to clash with the national reconstruction project. This inevitably leads to violence and the use of weapons. Unless they are completely disbanded, violence will persist in Syria, given their nature and prior history of involvement in violent conflicts across several countries.
I believe the issue of foreign fighters in Syria is a complex one that must be addressed in a way that reinforces national principles and establishes Syria as a state for all. This should coincide with the formation of a national Syrian army that includes all components of society while excluding foreign fighters from participation in the military and security institutions. The incident at the “French Camp” confirmed the danger of random possession of weapons, whether by foreigners or others. Therefore, all weapons must be collected, and the state should remain the only legitimate military authority to prevent widespread security chaos.
When states emerge from internal wars, the first step in state-building is to collect weapons from all factions and combatants and integrate them into the national military institution. What is happening in Syria today, however, is that weapons remain in the hands of individuals and uncontrolled groups. The “French Camp” incident showed that some foreign fighters are undisciplined, meaning that their weapons must be withdrawn. This issue carries many complications and requires a solution that addresses the status of these fighters and their families while taking into account humanitarian considerations and international law. It is also essential to issue a new citizenship law in Syria with well-studied and carefully defined provisions.
Read also: Foreign Fighters: Syria’s “War of Strangers”
Did the “French Camp” incident reveal the danger posed by some foreign fighters in Syria?
A foreign fighter in Syria is classified as an unlawful combatant, as well as a member of illegal groups or militias. The Geneva Conventions and their protocols do not recognize the existence of such foreign fighters or factions. Therefore, international law defines them as irregular combatants who are not protected by the international legal framework.
According to the 1949 Geneva Conventions, foreign fighters are considered members of irregular militias who joined the fighting outside their countries without a national purpose but for religious, nationalistic, sectarian, or ideological goals. As long as this problem persists, Syria will continue to experience the bloody conflict that has burdened millions of Syrians for more than 14 years, a conflict initiated and sustained by Bashar al-Assad, who bears responsibility for allowing foreign fighters to enter and remain on Syrian soil after waging war on his own people.
In conclusion, I believe that foreign fighters represent a threat to Syria’s future, which urgently needs security, stability and economic development.
Should transitional justice in Syria include these fighters if they are involved in violations or crimes?
Certainly, transitional justice should include them if they are involved in violations. Transitional justice must be comprehensive and inclusive, covering everyone who committed human rights violations against Syrian civilians. There can be no exceptions. Every perpetrator of crimes against humanity must be prosecuted, whether affiliated with the deposed regime, the new Syrian government, or among foreign fighters. Accountability must be based on international humanitarian law and the International Covenant on Human Rights, both of which classify these individuals as having no legal protection and, therefore, as mercenaries.
This situation represents a serious challenge that must be resolved as soon as possible to build a Syrian state with a unified national identity. Maintaining the current situation only threatens to lead the country into a new cycle of conflict.
From a legal perspective, how is the foreign fighter classified under international law?
Under international law, it is possible to grant citizenship to foreigners and integrate them into the local community, with a focus on humanitarian considerations. There are many examples of this in several European countries, such as Germany, the Netherlands, Switzerland, and France, which have granted citizenship to foreigners based on national laws. However, the foreign individual must comply with the country’s legal framework and have resided there for a number of years.
This is particularly relevant when the individual’s home country refuses to take them back or risks prosecuting and imprisoning them. Therefore, Syria urgently needs a new citizenship law that addresses such issues and other related matters. For example, a Syrian woman cannot grant citizenship to her children if her husband is a foreigner, an issue that has persisted for over 40 years. It is necessary to address these complications by discussing them in parliament and enshrining them in the constitution.
Read also: The Mirage of Reform and the Split Between Domestic and Foreign Agendas
Does the issue of foreign fighters affect Syria’s foreign relations with other countries?
As long as the current situation continues regarding foreign fighters in Syria, the coming period may witness direct repercussions on the relations between the new Syrian government, working after the fall of Bashar al-Assad’s regime to resolve disputes and establish positive international relations, and some countries whose citizens are among these fighters still active in Syria.
The continued militant and ideological activities of these individuals, as seen clearly in the “French Camp” incident, remain a matter of concern for many countries, particularly in Europe and the United States. Many of these fighters seem unwilling to return to their countries for fear of imprisonment.
The question that remains is whether the new Syrian government will be able to contain the issue of foreign fighters and how it intends to do so. Otherwise, tensions similar to, or even more severe than, those witnessed in the “French Camp” may erupt again.
