{"content":[{"text":"Legislative basis for listing a terrorist organisation","block":"

Division 102 of the Criminal Code Act 1995 (Criminal Code) provides that for an organisation to be listed as a terrorist organisation, the AFP Minister (the Minister for Home Affairs) must be satisfied on reasonable grounds that the organisation:

is directly or indirectly engaged in, preparing, planning, or assisting in or fostering the doing of a terrorist act; or
advocates the doing of a terrorist act.

For the purposes of listing a terrorist organisation subsection 102.1(20) of the Criminal Code describes the doing of a terrorist act includes the doing of a specific terrorist act, the doing of more than one terrorist act and the doing of a terrorist act, even if a terrorist act does not occur.

"},{"id":-1,"text":"Background to this listing","block":"

Hay’at Tahrir al-Sham has not previously been listed under the Criminal Code. The group’s predecessor, Jabhat al-Nusra, also known as Jabhat Fatah al-Sham, was listed by the Australian Government on 29 June 2013 and re-listed on 28 June 2016 and 9 April 2019.

"},{"id":-1,"text":"Details of the organisation","block":"

Hay’at Tahrir al-Sham (HTS) is a Sunni Islamist religiously-motivated violent extremist (RMVE) group based in north-western Syria. HTS opposes the government of Bashar al-Assad and aims to replace the government with an Islamic caliphate. HTS leaders have sought to transition the group from an insurgency to an organised paramilitary force and civilian authority in an attempt to gain domestic and international support for its objectives.

HTS’ predecessor, Jabhat al-Nusra, was aligned with al-Qa’ida. In July 2016, the organisation changed its name to Jabhat Fatah al-Sham (JFS) and announced it was no longer affiliated with al-Qa’ida. In January 2017, JFS announced it had merged with a number of other Syrian opposition groups to form HTS. HTS is an independent organisation focused primarily on operations in Syria – it almost certainly retains no formal links to al-Qa’ida, and does not publicly advocate for global jihad.

Leadership

Abu-Muhammad al-Jawlani (also known as Ahmad Hussayn al-Shara) is the leader of HTS, and is likely guided by a Shura council. HTS operates a number of paramilitary units, and likely controls the Salvation Government – a civilian-run administrative and political body in north-western Syria.

Membership

In 2020, HTS reportedly had between 12,000 and 15,000 fighters. HTS largely recruits from the Syrian population, including from other extremist groups in the region.

HTS’ approach towards foreign fighters is unclear. HTS sought to remove foreign fighters from Idlib in 2021, likely viewing them as drawing unwanted targeting by security forces and carrying the risk of infiltration by rival groups. More recently, al-Jawlani stated that the group would protect foreign fighters according to its religious and cultural teachings.

Links to other groups

HTS was formed from a merger of JFS and a number of other Syrian opposition groups, including Ansar al Din, Jaysh al-Sunna, and Nour al-Din al-Zenki. Some former members of JFS have since separated to form the al Qa’ida-aligned group Hurras al-Din. HTS is aligned with the Idlib based Salvation Government.

"},{"id":-1,"text":"Terrorist activity","block":"

Directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act

HTS is engaged in ongoing hostilities against Syrian Government forces and rival militant groups in pursuit of its political objectives. Recent terrorist attacks which can be reliably attributed to the group include:

On 11 June 2021, HTS claimed to have fired 140 rockets and artillery shells at positions held by Russian and Syrian forces in Idlib, as revenge for the killing of senior HTS members.
On 24 August 2020, HTS claimed to have killed three members of a pro-Syrian government militia in Jabal az Zawiyah south of Idlib.
On 24 January 2020, HTS artillery fire reportedly injured 15 members of a pro-Syrian government militia in western Aleppo.
From 10-11 July 2019, militant groups including HTS attacked the town of Hamamiyat. Forty-one Syrian soldiers and pro-government fighters were reportedly killed in the engagement.
On 25 February 2019, an HTS missile attack on Syrian Army forces killed eight soldiers and injured at least 17.
On 7 September 2018, an HTS rocket attack on the town of Mahardeh killed nine civilians and injured 20.

"},{"id":-1,"text":"Other considerations","block":"

Links to Australia and threats to Australian interests

Although HTS does not publicly call for attacks against Western interests and is focused primarily on the Syrian conflict, there is a possibility that Australians may be incidentally harmed in attacks undertaken by HTS.

A number of Australians and former Australians in Syria are members of or affiliated with HTS.

Listed by the United Nations or like-minded countries

HTS is proscribed as a terrorist organisation by the Governments of Canada and the United Kingdom. The Government of the United States specifies HTS as Specially Designated Global Terrorists.

Engagement in peace or mediation processes

HTS is not engaged in any peace or mediation processes. HTS has been involved in several local ceasefires with other elements of the Syrian opposition – however, these agreements are usually short and fail soon after they are formed.

"},{"id":-1,"text":"Conclusion","block":"

On the basis of the above information, the Australian Government assesses that Hay’at Tahrir al-Sham is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of terrorist acts.

"}]}