French Court Voids Assad Warrant on Immunity Grounds
France's top court voided a 2023 arrest warrant for ex-President Assad on immunity grounds but ruled new warrants can be issued now he is out of power. A separate warrant for a 2017 bombing remains.
ERBIL (Kurdistan24) – France’s highest court on Friday annulled a high-profile arrest warrant for Syria's former president Bashar al-Assad, ruling that presidential immunity protected him at the time the warrant was issued for his alleged role in deadly 2013 chemical attacks. However, the court also cleared the way for future prosecution, noting that with Assad now out of power, new warrants can be issued.
The Court of Cassation determined there were no exceptions to presidential immunity, even for grave allegations such as war crimes and crimes against humanity. The French warrant against Assad, who was ousted from power in December by an Islamist-led group, was originally issued in November 2023.
Despite the annulment, the court's presiding judge, Christophe Soulard, clarified that the legal pursuit is not over. He stated that, as Assad was now no longer president, "new arrest warrants can have been, or can be, issued against him," and confirmed that the investigation into the case could continue.
The original warrant accused Assad of complicity in war crimes and crimes against humanity for his alleged role in the chain of command for a sarin gas attack on August 4 and 5, 2013, in Adra and Douma, outside Damascus. According to U.S. intelligence, the attack killed more than 1,000 people. At the time, Syrian authorities denied involvement and blamed rebels.
The case was pursued by the French judiciary under the principle of universal jurisdiction, which allows a national court to prosecute individuals for serious crimes committed in other countries. The investigation was based on evidence including testimonies from survivors and military defectors, as well as photographic and video footage. This investigation led to warrants for Assad, his brother Maher who headed an elite army unit, and two generals.
The warrant against Assad faced a legal challenge from public prosecutors, who appealed it by arguing he should have immunity as a head of state. The Paris Court of Appeal upheld the warrant in June of last year, prompting prosecutors to appeal again to the Court of Cassation, leading to Friday's ruling.
Human rights advocates had hoped the court would rule that immunity did not apply due to the severity of the allegations, which would have set a major precedent in international law.
Adding another layer to the legal pressure, French investigating magistrates in January issued a second, separate arrest warrant against Assad for suspected complicity in war crimes related to a 2017 bombing in the Syrian city of Deraa that killed a French-Syrian civilian.
