This statement represents a legal analysis based on United Nations Security Council resolutions and the designations of the 1267 Sanctions Committee. It is included in our legal documentation archive to highlight cases of the normalization of international terrorism.
Introduction
Despite the designation of Hay’at Tahrir al-Sham (HTS) and its leadership as a terrorist organization by the UN Security Council for over a decade, recent years have witnessed troubling official developments. These include direct meetings between designated terrorist figures such as Abu Mohammad al-Jolani and Anas Khattab with Arab and international officials, including individuals in high-ranking global positions. Such encounters have contributed to the illusion of legitimacy among segments of public opinion and have reinforced the group’s influence on the ground, amidst a systematic continuation of massacres, abductions, and human rights violations—particularly against minority groups.
This raises pressing legal questions: What is the legitimacy of these meetings? And who bears legal responsibility for their consequences?
Despite the designation of Hay’at Tahrir al-Sham (HTS) and its leadership as a terrorist organization by the UN Security Council for over a decade, recent years have witnessed troubling official developments. These include direct meetings between designated terrorist figures such as Abu Mohammad al-Jolani and Anas Khattab with Arab and international officials, including individuals in high-ranking global positions. Such encounters have contributed to the illusion of legitimacy among segments of public opinion and have reinforced the group’s influence on the ground, amidst a systematic continuation of massacres, abductions, and human rights violations—particularly against minority groups.
This raises pressing legal questions: What is the legitimacy of these meetings? And who bears legal responsibility for their consequences?
First: Who are they? And why were they classified as terrorists?
The designations of Hay’at Tahrir al-Sham (HTS) and its leadership are based on United Nations Security Council resolutions issued under Chapter VII of the UN Charter, which obligates all 193 member states to take strict measures against the listed individuals and entities.
- Abu Mohammad al-Jolani: Designated as a terrorist since July 24, 2013, under identification number QDi.317.
- Anas Khattab (Abu Ahmad Hodoud): Designated as a terrorist since 23 September 2014 under the number QDi.336.
- Jabhat al-Nusra (the parent entity of HTS): Designated as a terrorist organization since 14 May 2014 under the number QDe.137.
The 1267 Committee, established under Chapter VII, is the body that listed these individuals and entities, along with subsequent resolutions such as Resolution 1989 (2011) and Resolutio
You can review the details on the official United Nations website, which lists certain designated terrorist individuals.
Second: A Public Violation of International Law
Any state that establishes relations, allows official meetings, provides political or material support, or facilitates the movement or travel of a person listed under Chapter VII is in direct and explicit violation of international law, and poses a threat to international peace and security.
The meetings that took place between the leadership of Hay’at Tahrir al-Sham and Arab and Western officials—including heads of major states—constitute a blatant violation of these obligations. Worse still, such meetings have contributed to creating a false image of legitimacy for these entities, encouraging many local and regional supporters to openly endorse them and even engage in media promotion on their behalf, despite being fully aware of their bloody history.
Third: The Catastrophic Impact on Civilians
Due to this political and media legitimization, a portion of the civilian population came to believe that the group had become a “natural authority,” which led some to engage with it or even return to areas under its control. The result has been tragic—violations and massacres that continue to this day, carried out systematically, particularly against minorities, and including:
Kidnapping and arbitrary detention of civilians
Massacres against religious minorities and dissenters, including field executions
Restriction of public freedoms, suppression of journalists, activists, and any opposing figures
Plundering of public resources, dismissal of employees based on sectarian grounds
And many other crimes and violations that cannot be fully detailed here
Massacres against religious minorities and dissenters, including field executions
Restriction of public freedoms, suppression of journalists, activists, and any opposing figures
Plundering of public resources, dismissal of employees based on sectarian grounds
And many other crimes and violations that cannot be fully detailed here
These actions constitute:
Crimes against humanity according to Article 7 of the Rome Statute
War crimes according to Article 8 of the Rome Statute
A serious violation of binding international resolutions for all United Nations member states
Crimes against humanity according to Article 7 of the Rome Statute
War crimes according to Article 8 of the Rome Statute
A serious violation of binding international resolutions for all United Nations member states
Fourth: Crimes Do Not Prescribe, and Removing the International Designation Changes Nothing of the Truth
According to international law, the crimes committed by this group, including extrajudicial killings, forced displacement, torture, and enforced disappearances, do not prescribe. Furthermore, any political or media complicity that facilitated these crimes may be subject to subsequent legal accountability.
Even if some states take illegal steps to remove Hay’at Tahrir al-Sham from terrorism lists for political purposes, this does not change its actual legal status. The organization still retains the same leadership involved in documented crimes against civilians, foremost among them al-Jolani and Anas Khattab. Any attempts to exonerate the group without structural dismantling or judicial accountability for its leaders constitute a misrepresentation to the public, complicity against the rights of victims, and contradict the principle of non-prescription of crimes against humanity.
Fifth: Criminal Liability of Promoters and Supporters
International law does not only hold the primary perpetrators accountable but also extends to inciters, facilitators, and promoters of any entity classified as terrorist. Any media professional or influencer who portrayed the situation in the group's controlled areas as "safe" or "stable," despite knowing about ongoing violations, may be legally prosecuted for deliberate misinformation or even complicity if proven to have coordinated or possessed criminal intent.
Sixth: The Duty of the Syrian State After Liberation
According to the provisions of the Security Council resolutions, the Syrian state, after regaining control of the areas, is obliged to:
- Immediate arrest of those listed on the sanctions lists, such as al-Jolani and Anas Khattab.
- Investigation with them and preparation of documented legal files.
- Notification to the 1267 Committee of the results of judicial procedures.
- Demanding clarification or judicial cooperation from involved states, if proven that they provided support or communicated with the listed terrorists.
Seventh: No Legitimacy Without Accountability and No Legal Meaning to Removing the Terrorist Designation
It is legally and morally unacceptable to remove the designation of a terrorist entity merely because it has temporarily ceased committing certain crimes publicly. The group’s bloody history and the direct involvement of its leaders in documented massacres and crimes cannot be erased by formal political procedures. Even if we assume that the group has “changed,” the continued presence of the same members and leadership is itself evidence of the persistence of the criminal structure without accountability.
Furthermore, any neglect of victims’ demands, or attempts to reintegrate the group into the political scene without ensuring justice and accountability, constitutes a betrayal of the principles of international justice and a blatant violation of the principle of “no impunity for perpetrators.”
Likewise, crimes such as:
Mass killings
Torture
Enforced disappearance
Religious and ethnic persecution are considered crimes against humanity
Torture
Enforced disappearance
Religious and ethnic persecution are considered crimes against humanity
According to Article 29 of the Rome Statute of the International Criminal Court:
"Crimes within the jurisdiction of the Court do not prescribe."
Victims' rights are preserved under international law, whether the designation is removed or not, and crimes do not expire due to political classification.
Removing the designation does not eliminate individual criminal responsibility for the involved leaders, who remain subject to prosecution.
Removing the designation does not eliminate individual criminal responsibility for the involved leaders, who remain subject to prosecution.
It must be emphasized here that justice is not measured by the number of years, but by the magnitude of the crimes. Crimes against humanity do not prescribe, nor are they forgiven by changing the name of the entity or reducing its media presence.
Therefore, the decision issued by the United States to remove the designation of Jabhat al-Nusra (Hay’at Tahrir al-Sham) as a terrorist organization is a political decision aimed at achieving goals and objectives that do not serve peace in the region and harm the interests of the Syrian people, who have suffered and continue to suffer from the crimes of Jabhat al-Nusra (Hay’at Tahrir al-Sham).
Conclusion and Legal Recommendations
Based on the above, we recommend the following:
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Demanding the 1267 Committee at the Security Council to open an investigation into the violation of some countries of their obligations regarding the sanctions.
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Submitting an official report to the International Criminal Court regarding the meetings of officials with al-Jolani, pursuant to Article 46 of the Rome Statute.
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Filing lawsuits against media professionals or influencers who contributed to legitimizing Hay’at Tahrir al-Sham despite knowing its terrorist designation.
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Documenting the real impact of those meetings on deceiving the population, and presenting it as evidence in any lawsuit or international documentation.
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Submitting a petition to European parliaments or human rights committees regarding international complicity in rehabilitating a terrorist group responsible for massacres.
Floating groups designated as terrorist cannot occur without international political and media support, as we witnessed in the case of Hay’at Tahrir al-Sham. However, this floating, no matter how temporarily influential on public opinion, does not exempt the perpetrators of crimes or their accomplices from accountability. International law is clear, and justice may be delayed but it will not die. Every meeting, every complicity, and every promotion will remain documented in the memory of the victims and in the records of justice, which await the right moment to activate their mechanisms.
This report is issued by the “AlRedLines” team and constitutes official legal media directed to:
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The Sanctions Committee concerning ISIS and Al-Qaeda (Resolution 1267 Committee) of the United Nations Security Council,
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The UN Analytical Support and Sanctions Monitoring Team,
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The Prosecutor of the International Criminal Court,
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As well as to the regional and international bodies specialized in combating terrorism, and human rights organizations concerned with protecting civilians.
The “AlRedLines” team holds all parties that have refused to implement international sanctions or contributed to legitimizing terrorist-designated entities legally and morally responsible for the ongoing crimes and violations against the civilian population, especially the targeted religious minorities.
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