Jaish Al Islam war crimes charges heard in Paris court

Majdi Nema is accused of membership of group that carried out unpunished sectarian crimes in Syrian civil war

Abandoned prison cells formerly used by Jaish Al Islam fighters in Douma, on the outskirts of Damascus. AFP

The trial of a Syrian former rebel spokesman in Paris has heard how he assisted the group in preparing deliberate attacks on civilians that included war crimes.

Majdi Nema, 36, who was spokesman for the rebel faction Jaish Al Islam between 2013 and 2016, has been accused of playing a key role in a group that was responsible for “wilful attacks on life” during the Syrian protests.

Prosecutors accuse Mr Nema of complicity in acts of torture, killings and use of civilians as human shields - allegations that Jaish Al Islam has denied. In 2015, the group was accused of placing Alawite women in cages on roofs to discourage bombardments by the regime.

Mr Nema is being prosecuted under France's universal jurisdiction laws, reserved for the gravest international offences such as war crimes, torture and crimes against humanity.

Court documents allege that Mr Nema was careful to avoid leaving a digital trail during his time with the rebels. Contacted by journalists during atrocities, he was asked “what was going on with the cages”. The state case shows he did not answer or suggested other ways of communicating.

French investigators, however, uncovered data from Mr Nema's iPhone and laptop, and spoke to witnesses who cast doubts on his claims of marginal involvement.

One Syrian witness said he was personally hired at the age of 13 by Mr Nema to join Jaish Al Islam. At the time, people were so poor that they were known to send their children to fight for rebel groups for $100 a month.

Photos also show him wearing military fatigues and carrying weapons. Messages show that he conveyed tactical information such as: “Thank you for doing reperage [sic] and observation.” In his CV, he wrote he was “commander of Jaish Al Islam training camps in northern Syria” and “supervisor of the zone between Al Bab and Raqqa”.

The proceedings have put renewed focus on sectarian crimes committed more than a decade ago during Syria's civil war – many of which remain unpunished.

The defendant rejects the allegations and denies any involvement in alleged atrocities committed by the group. “I'm a politician,” he told the court, standing behind a glass enclosure.

Mr Nema has been in pretrial detention since 2019, when he was arrested during a student exchange trip to Marseille. The trial is set to run until May 27.

Complex personality

According to court documents viewed by The National, French prison doctors assessing his mental state described him as exhibiting traits ranging from “antisocial, even psychopathic” to “calm, respectful, attentive, confident and patient”. One of his brothers called him “brilliant”.

Mr Nema has not yet been allowed to address the charges in detail. He has repeatedly said he would rather be tried in Syria, although no extradition request is known to have been lodged by Damascus. After the fall of the Assad regime in December, Syria is governed by former rebel groups.

Although Mr Nema's defence argued that he would face a fair trial in the Syrian capital, the country remains volatile, with reports of revenge killings and massacres. “It is clear that the transitional justice that could be implemented in Syria is very uncertain and is in its infancy,” said first deputy prosecutor at France's National Anti-Terrorism Office, Sophie Havard.

A Jaish Al Islam fighter in the Eastern Ghouta rebel bastion, east of the Syrian capital, Damascus. AFP

In his defence, Mr Nema is set to emphasise his residence in Turkey since 2013, claiming he was not involved in Jaish Al Islam's operational decisions. During a short stint in prison in 2009, he struck up a friendship with the group's leader, Zahran Alloush, who died in 2015. They were so close that he chose a similar nom-de-guerre: Islam Alloush.

Moderate voice or tactician?

Born in Saudi Arabia in 1988, Mr Nema moved to the north-west Syrian city of Idlib at the age of three. He later studied medicine in Damascus while engaging in anti-regime activism and operating several businesses, including a pharmacy, a restaurant and a cafe. In 2012, one year after the start of the civil war, he defected from the Syrian army to join the group that would become Jaish Al Islam.

Mr Nema has sought to present himself as a moderate voice within the movement, claiming he advocated for peace with Israel, supported participation in UN-backed Geneva talks, and opposed the recruitment of child soldiers. He denied sharing Jaish Al Islam's ideology. “My mission was very clear: I was given information and told 'you must say this, or that',” he said.

The prosecution argues there is evidence that Mr Nema was close to the group's operations. Messages also describe negotiations with ISIS over prisoner swaps, and reference executions.

“Brothers at Jaish put the body in the car and carried the beheaded head in their hands before exhibiting it,” reads one of the messages. Mr Nema told French investigators that he could not recall the incident. Exhibiting a decapitated head is a “violation of international humanitarian law”, he said, although the execution itself must “not necessarily be qualified as a war crime”.

People arrive for the trial of Majdi Nema in Paris. Photo: Abacapress.com