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French court cancels arrest warrant for former Syrian president Assad

French court cancels arrest warrant for former Syrian president Assad Photo: Former Syrian president Bashar al-Assad (Getty Images)
Author: Oleh Velhan

France’s highest court has overturned the arrest warrant for former Syrian President Bashar al-Assad, which was issued over chemical attacks against civilians in 2013, according to Le Monde.

According to the ruling by the Court of Cassation, there are no exceptions to presidential immunity, even in cases involving alleged war crimes or crimes against humanity.

However, Chief Justice Christophe Soulard emphasized that since Assad is no longer president, "new arrest warrants could have been or could still be issued against him," meaning the investigation can continue.

In this case, Assad is considered an accomplice to war crimes and crimes against humanity, although the Syrian government at the time denied any involvement and blamed the attacks on rebel forces.

Human rights advocates had hoped the court would rule presidential immunity invalid due to the gravity of the charges, a decision that would have set a significant precedent in international law for holding suspected war criminals accountable.

Arrest warrant for Assad

A panel of French investigative judges issued the arrest warrant for Bashar al-Assad in November 2023 over his alleged role in the chain of command during the sarin gas attacks. According to US intelligence, the chemical strikes on August 4 and 5, 2013, in Adra and Douma near Damascus killed more than 1,000 people.

The French judiciary pursued the case under the principle of universal jurisdiction, which allows prosecution for grave crimes committed outside the country.

The investigation, based on testimony from survivors, military defectors, and verified photo and video evidence, led to arrest warrants for Assad, his brother Maher (who commanded an elite army unit), and two generals.

While prosecutors approved three warrants, they appealed the one targeting Assad, arguing he enjoyed head-of-state immunity. However, in June 2024, the Paris Court of Appeal upheld the warrant, prompting prosecutors to file another appeal.

Le Monde also reported that in January, French judges issued a second arrest warrant for Assad over alleged complicity in war crimes during the 2017 bombing of the Syrian city of Daraa, which killed a French citizen of Syrian origin.

Assad's fall from power

In December, militants from the Islamist group Hayat Tahrir al-Sham seized key cities in Syria, including the capital, Damascus.

Facing mounting pressure, Bashar al-Assad fled to Russia with his family. Russian President Vladimir Putin agreed to grant him asylum.

Ahmed al-Sharaa was appointed interim leader of Syria and tasked with forming a new government to steer the country through a transition following decades of Assad family rule.

The new Syrian administration has formally requested that Russia extradite Bashar al-Assad.