A Legal Analysis of the Governance of Ahmad al-Shara (Abu Muhammad al-Jolani) in Syria: Legitimacy, Human Rights Violations, and International Reactions

The military and political developments in northwestern Syria in recent years have led to the emergence of a governing entity known as the 'Interim Government' led by Ahmad al-Shara, widely known as Abu Muhammad al-Jolani. This government, which originated from the religious-militant formation 'Hay'at Tahrir al-Sham' (HTS), has established a seemingly institutionalized structure. However, in practice, it displays authoritarian characteristics and widespread violations of fundamental principles of public international law and human rights. This study employs a qualitative and document-based analytical method to examine the legal dimensions of the legitimacy of this governance structure, analyze its political-legal framework, and evaluate international reactions. The findings show that the 'constitutional declaration' issued in March ۲۰۲۵ entrenched a highly centralized authority in the hands of the president, granting him powers such as appointing and dismissing officials, declaring states of emergency, and consolidating control over all branches of government without any oversight or public participation. Such arrangements are in stark contrast with the principles of the separation of powers, the rule of law, and the right to participation in governance as articulated in international instruments like the International Covenant on Civil and Political Rights (ICCPR). From a human rights perspective, credible reports document widespread crimes such as forced displacement, ethnic cleansing, sexual violence, torture, and targeted killings, which fall within the scope of 'crimes against humanity' and 'war crimes' under Articles ۷ and ۸ of the Rome Statute. In response to these violations, France's public prosecutor launched a criminal investigation against al-Jolani and several of his ministers in ۲۰۲۵, while the UN Human Rights Council has called for international accountability proceedings. Overall, the study concludes that the governance under Ahmad al-Shara lacks both legal and political legitimacy and that the international community is obligated to utilize available legal mechanisms to halt ongoing violations, support victims, and hold those responsible accountable.

کلیدواژه ها:

al-Jolani Government ، International Legitimacy ، Crimes Against Humanity ، Syria ، Human Rights ، Separation of Powers