The Federal Public Prosecutor at the German Federal Court of Justice has filed charges against three Syrian citizens for their alleged affiliation with the Free Syrian Army (FSA) faction known as Liwa al-Tawhid, which is not considered a “foreign terrorist organization” by German authorities. The accused individuals, including a battalion commander, press spokesman, and media sector member, are suspected of involvement with the armed group, which operated in Aleppo province between 2012 and 2014.
The charges, presented before the State Security Council in the Supreme Court in Berlin on December 28, 2023, highlight the German judiciary’s use of legal provisions that criminalize support for organizations deemed as “terrorist,” even if the organization itself is not officially classified as such in Germany.
The Tawhid Brigade, with up to 10,000 fighters, aimed to combat Bashar al-Assad’s regime, and according to the prosecutor’s charges, “establish a religious state based on Islamic law.” The group is alleged to have “collaborated with other foreign terrorist organizations in the region, including Jabhat al-Nusra and Ahrar al-Sham.” The historical context of Al-Tawhid’s relationships with these groups, as well as subsequent mergers and realignments within various factions, has been noted in the case.
However, the legal action has sparked debate, with some analysts questioning the characterization of Liwa Al-Tawhid as a jihadi or terrorist group. Charles Lister, a Senior Fellow and Director of Middle East Institute Syria, highlighted that senior German diplomats were openly engaging with Liwa al-Tawhid leaders during the period in question, with the German government discussing Syria diplomacy and the group’s role in multilateral political talks. Another analyst and specialist in jihadi organizations, Aaron Y. Zelin, a Senior Fellow at the Washington Institute commented, “(I am) not sure I’d call Liwa Al-Tawhid a jihadi group or a terrorist group. Seems like a reach from German prosecutors.”
This case raises important questions about the legal treatment of armed elements in militias not officially designated as terrorist organizations. The outcome of this trial will likely have implications for how Germany, and possibly other nations, prosecute individuals with affiliations to armed groups operating in conflict zones.
 faction known as Liwa al-Tawhid, which is not considered a "foreign terrorist organization" by German authorities. The accused individuals, including a battalion commander, press spokesman, and media sector member, are suspected of involvement with the armed group, which operated in Aleppo province between 2012 and 2014.){kind=link}