France Poised to Issue Landmark Ruling on Arrest Warrant for Syria’s Bashar al-Assad

By Ahora Qadi

Erbil (Kurdistan24) – France’s highest court is set to make a historic ruling later this month on whether to uphold an international arrest warrant for deposed Syrian President Bashar al-Assad, accused of complicity in crimes against humanity over the 2013 chemical weapons attacks near Damascus.

During a pivotal hearing before the French Court of Cassation, the public prosecutor pressed for the confirmation of the warrant, challenging long-held notions of presidential immunity when grave war crimes are alleged.

A Challenge to Sovereign Immunity

The debate centered around whether sitting or former heads of state can be shielded from prosecution when accused of orchestrating crimes of such scale. French authorities argue that Assad, considered illegitimate by Paris since 2012, cannot invoke immunity.

Public Prosecutor Rémy Heitz stated that although international law recognizes state sovereignty, it must not protect leaders from accountability for mass atrocities. He asserted that the scope and brutality of the crimes attributed to Assad's regime warrant an exception to traditional diplomatic protections.

Chemical Attacks at the Heart of the Case

The international warrant, initially issued in November 2023, is linked to Assad’s alleged responsibility for chemical attacks in Eastern Ghouta and Douma in the summer of 2013, which killed hundreds and left thousands injured. French courts are now considering additional evidence, including the 2017 death of Franco-Syrian citizen Salah Abu Nabut, killed when Syrian regime helicopters bombed his home in Daraa.

According to the prosecution, Assad directly ordered the military operations that led to Abu Nabut’s death, adding further weight to the accusations of crimes against humanity.

A Precedent in International Law

The case carries implications that stretch beyond Syria. If the French judiciary confirms the arrest warrant, it would mark an unprecedented legal precedent in international jurisprudence: prosecuting a sitting or former head of state for crimes against humanity in a third country’s court, without recognition of immunity.

The decision follows a June 2024 ruling by a Paris appellate court that upheld the warrant, despite appeals from France’s anti-terror prosecutor’s office citing head-of-state immunity.

Final Decision Expected on July 25

The Court of Cassation is set to deliver its final verdict on July 25. Legal analysts anticipate that a decision in favor of the warrant could open new legal pathways for holding state leaders accountable for war crimes, especially when conventional international tribunals fail to act.

As France prepares to potentially strip Assad of immunity and hold him responsible for chemical atrocities, the outcome is poised to reverberate through international courts and human rights forums worldwide.