Naseef Naeem

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Naseef Naeem (* 1974 in Fairouzeh near Homs , Syria ) is a German lawyer and Middle East expert with a focus on state and constitutional issues .

Career

National lawyer Naseef Naeem (left) with political activist Mustafa Kayyali
Constitutional lawyer Naseef Naeem (left) certifying the "Syrian Charter" in November 2017

Naseef Naeem studied law at the Universities of Aleppo and Damascus . He practiced as a lawyer in his hometown Homs for several years before he came to Germany on a doctoral scholarship. In 2007 he received his doctorate at the Gottfried Wilhelm Leibniz University in Hanover with a thesis on the new federal order of Iraq. After that he was u. a. the Max Planck Institute for Comparative Public Law and International Law as constitutional law and constitutional law operates. He taught as a lecturer at the University of Göttingen and was co-editor of the Yearbook for Constitution, Law and State in the Islamic Context.

Until the beginning of 2018, Naeem headed the peacebuilding program of the German Society for International Cooperation in Yemen .

Since 2014, together with the orientalist and Middle East expert Daniel Gerlach, he has headed the zenithCouncil advisory network on questions of law and the state in the Arab world .

Naeem appears regularly in German media as an expert on political and legal developments in the Middle East .

In October 2019 it became known that Naeem was instrumental in the negotiations on a document laying the foundations for a “new social contract” between conflicting parties and denominational communities in Syria and that he is chairing the secret meetings of a movement called the Council of the Syrian Charter . The movement includes representatives of various Syrian denominations, tribes and social groups.

Positions

Constitutions in the Arab world

According to Naeem, the constitutions of most of the Arab states are based on the example of the Fifth French Republic , which the then President Charles de Gaulle had tailored. They propagated a "strong, male state". The Iraqi constitutional fathers after 2003, on the other hand, opted for a parliamentary system "of German character", which was a novelty in the history of the Arab world.

Naeem advocates the thesis that a “paradigm shift with regard to the collective identity of the state” is necessary to stabilize statehood in the Arab states. In addition, fragmentation in the three elements of the state (people, territory and state authority) is part of the reality that states, governments and international actors have to deal with.

"Military Constitutionalism" in Egypt

Between the fall of President Husni Mubarak in 2011 and the takeover of power by the military in Egypt in 2013 , Naeem observed the "emergence of a new normative situation" in which the Egyptian judiciary and the military legitimized each other, although the legal basis for both of them was questionable. Naeem calls this correlation "military constitutionalism". In this, the judiciary leaves the military council a great deal of leeway and in turn creates "a basis for intervening in all areas outside the direct power of the military council".

Syrian Constitutional Committee

As a constitutional lawyer and constitutional expert, Naeem made repeated comments on the United Nations negotiations on Syria in Geneva and the constitutional committee convened in 2019. Regardless of whether a new constitution is necessary and sensible, the talks about technical and legal details should, according to Naeem, "help to talk to each other again at all". One problem with the constitutional debate, however, is that the opposition does not consider all the constitutions passed since the Ba'ath Party came to power in Syria in 1963 to be legitimate.

Individual evidence

  1. ^ "A Syria without Assad is possible". Retrieved September 13, 2018 .
  2. ^ Civil War in Syria: Only the Europeans Can Negotiate Now - Qantara.de . In: Qantara.de - Dialogue with the Islamic World . ( qantara.de [accessed on September 13, 2018]).
  3. On the person: Naseef Naeem . In: Kölner Stadt-Anzeiger . ( ksta.de [accessed on September 13, 2018]).
  4. The New Federal Order of Iraq. January 24, 2008, accessed March 16, 2020 .
  5. ^ LTO: New Constitution for Syria: draft work in Geneva. Retrieved March 16, 2020 .
  6. ^ Yearbook for Constitution, Law and State in the Islamic Context . In: Law of the States in the Islamic Cultural Area . Nomos, Berlin 2013.
  7. Kölner Stadt-Anzeiger: About the person: Naseef Naeem. June 3, 2011, accessed on March 16, 2020 (German).
  8. giz: Peacebuilding in Yemen . ( giz.de [accessed on September 13, 2018]).
  9. ^ Zenith Council. Retrieved September 13, 2018 .
  10. ^ Programm.ARD.de - ARD Play-Out-Center Potsdam, Potsdam, Germany: Topic: Syria battlefield. Retrieved September 13, 2018 .
  11. Naseef Naeem, Hatem Elliesie: From Science: Common Roof . In: FAZ.NET . ISSN  0174-4909 ( faz.net [accessed September 13, 2018]).
  12. Interview: “They cling to their chairs” . In: Kölner Stadt-Anzeiger . ( ksta.de [accessed on September 13, 2018]).
  13. Deutsche Welle (www.dw.com): "Only Europeans can mediate in Syria" | DW | 09/29/2012. Retrieved September 13, 2018 .
  14. The new S-Class. Retrieved September 13, 2018 .
  15. ^ Secret Syria negotiations: "Our work is an act of liberation". Retrieved December 16, 2019 .
  16. Naseef Naeem in zenith-Magazin: »Arab constitutions are a weapon«. October 24, 2019, accessed March 16, 2020 .
  17. Naseef Naeem: The State and its Foundations in the Arab Republics . tape 1 , zenithCouncil. Deutscher Levante Verlag, Berlin 2019, ISBN 3-943737-99-3 , pp. 728 .
  18. How the Egyptian judiciary disregards the art of jurisprudence. June 27, 2012, accessed March 16, 2020 .
  19. Syrian negotiating commission: "It may seem like a farce, but there is no other chance". January 15, 2020, accessed March 16, 2020 .