The Code represents a distinct Syrian case as it is the product of a popular societal effort that moved away from all political projects, which were not encouraging, and did not give convincing national answers to many of the challenges and questions on the present and future of Syria and Syrians. The uniqueness of the Code lures people to discover it. Its eleven principles give it its identity, and form its intellectual structure, on which it is hoped that a new national project will be established, a project that responds to the current and future concerns of Syrians.
Since the Code searches for what unites and does not divide Syrians and seeks a common language that expresses the higher interests of their majority, the principles were presented in clear, concise, and realistic formulations. We will try to provide a reading of these principles in the following:
The Principles of the Code
The First Principle: Recognition of the Territorial Integrity of Syria
The unity of Syrian territory is undoubtedly the biggest concern and the most serious challenge facing Syrians, regardless of their political stances or position. The Code attaches particular importance to this principle because of its critical priority to Syria's survival and determining the shape of its future. Developments within Syria, the dangers that threaten the unity of the country in the absence of a political solution and the failure of all political tracks confirm the high priority of this principle.
The various pressures that Syrian society is subjected to in its various forms, in addition to the aggravation of regional and international interventions and the growing declared regional ambitions in the Syrian land, played a major role in the attempt to establish a divisive reality in Syria.
The delay in a political solution, the absence of an effective international understandings, and the absence of a real and serious Syrian national dialogue to search for a rescue solution exacerbate the dangers that threaten the country’s territorial integrity and make adhering to this principle and working to achieve it a national and moral task for all Syrians – an existential challenge for them. All Syrian political and societal forces, even states and international bodies, are increasingly expressing their concern and fear for Syrian territorial integrity the dangers of this to regional and international peace and security. As a matter of fact, they all include this principle in all the statements issued during various meetings and conferences on the Syrian file. Clearly, everyone agrees that the territorial integrity of Syria is the decisive principle for building the future Syria with its new national project.
The Second Principle: Disclosure and Recognition:
The Syrian crisis constitutes a unique case that has its own peculiarity between crises and internal wars that the world witnessed after World War II, such as in South Africa, Algeria, and others. The Syrian crisis is an overlap of regional and civil wars and wars on terrorism. This complex crisis therefore needs exceptional solutions, and it can benefit from the experiences of other peoples, if it is supplemented with innovative mechanisms that are commensurate with the specificity of the Syrian crisis.
The transition to a different stage and to a post-conflict society with a brighter future requires the dissemination of a culture of recognition and disclosure, a mechanism that fits with the Syrian reality. Responsibilities must not be evaded, while causes of conflicts must be dismantled to ensure a state of sustainable peace and security. The experience of South Africa with the Truth and Reconciliation Commission, headed by priest Desmond Tutu, played a major role in overcoming the hateful past of apartheid, and may be useful and inspiring in the Syrian crisis.
The culture of courageously recognizing mutual mistakes is the right path since it leads to tolerance and reconciliation, and because concealing the facts does not eliminate them nor does denying a disease cure it, but rather contributes to its exacerbation. This can be seen as underpinning principle of Recognition and Disclosure.
The Third Principle: No Victor, no Vanquished.
It is the golden rule that governed the ends of most conflicts and wars that took an internal character. It was a largely successful recipe that allowed many countries to overcome a painful past and launch into the future. The predominance of any party in an internal conflict because of certain circumstances, such as the support of an ally or an external support, simply means that the conflict will remain, and the embers of war will lie dormant under the ashes of settlements imposed on a defeated party. The latter will certainly wait for circumstances to change before starting a new round of conflict.
In the Syrian case, there was in the beginning advocated extremist solutions such as overthrowing the regime and military resolution, etc., which time has proven cannot be achieved because the conflict is governed by internal, regional, and international balances, and adhering to these suggested solutions mean an open conflict that threatens the survival of Syria and its geographical and political unity.
These developments have proven that in the Syrian war there is no victor and no vanquished, as clearly stated in the Code of Conduct. Everyone announced, in one way or another, that they support a political solution, and all the active forces have come to recognize that there is no solution in Syria except a political one, which clearly means that there will be neither victor nor vanquished.
The failure of attempts to distort or demonize this principle reinforces the importance of the code. The success of a solution based on this principle will unite Syrians to defeat all the extremist forces and expel all foreign powers from the Syrian land. The equation of ‘No Victor, no Vanquished’ is a Syrian-Syrian equation, and it is the only one that guarantees that there will be political victory in the future for all Syrian patriots.
Fourth Principle: No Side is Innocent
There is no doubt throughout history that those who participate in wars are not angels and saints, they are human beings with all the mistakes, sins, and weaknesses that the human soul suffers from. The Syrian war is like all internal conflicts or worse, with all the evils that resulted from it. Indeed, there have been serious and continuous violations of international law, humanitarian norms and the Geneva Conventions of 1949. War crimes have been committed. The reports of international organizations and bodies on Syria are full of such crimes and atrocities: from targeting civilians and using them as human shields, bombing civilian sites such as hospitals, schools, places of worship, bridges, etc., indiscriminate attacks, kidnappings, torture, rape, recruitment of children and violation of their rights, sieges, starvation, to cutting off water and other horrific crimes. Unfortunately, after nearly ten years
of conflict over hundreds of fronts and in thousands of locations, there is a long record of the dirty war in Syria.
Certainly, documenting all these crimes and violations requires large and continuous local and international efforts and capabilities, appropriate conditions, and a long time. When the article ‘No Side is Innocent’ was drafted in the Code of Conduct, it was not to cover anyone or help any party to escape punishment, but rather for the conviction and certainty that all parties participating in the conflict have committed atrocities and violations of various degrees. These parties must bear responsibility for what they have done. Therefore, having the courage to admit this is a step that means willingness to bear this responsibility, to hold all the perpetrators of these crimes accountable, and to turn this dark and painful page. Things will not be right in Syria unless this accountability is carried out in accordance with the highest standards of transparency and integrity and in accordance with clear and recognized international legal and ethical rules.
Fifth Principle: Accountability, Not Revenge
The horror of the crimes committed by the parties directly involved in the conflict on the ground makes accountability an essential part of rebuilding Syrian state on strong and solid foundations. It is true that the approach of tolerance in the Syrian case is more than required –rather it is a necessity. As Nelson Mandela said, “Reconciliation does not mean forgetting or trying to bury the pain of conflict, but that reconciliation means working together to correct the legacy of past injustice.”
Tolerance does not eliminate accountability, but accountability must be within fair legal frameworks, away from the mentality and practices of revenge and retaliation. Therefore, accountability must be personal for the perpetrator of these crimes and violations, and a person should not bear the consequences of the practices of his brothers, family, clan or village, or the burden of practices committed by just one or a few people. This rule is very important in the Syrian case a due to the pluralism of Syrian society and the disaster that collective accountability can cause by striking at the core of Syrian national unity. Hence, we understand the correctness and necessity of the fifth principle of the Code: Accountability, Not Revenge.
The rest of the principles will follow in an upcoming article.