France’s Supreme Court Annuls Arrest Warrant for Bashar al-Assad

Report by “Safarti Tarjuman” International News Desk

PARIS — France’s highest judicial authority, the Cour de Cassation, has officially invalidated the international arrest warrant issued against former Syrian president Bashar al-Assad, citing head of state immunity under international law.

The decision, made public Friday, means Assad cannot currently face trial in France for complicity in war crimes and crimes against humanity committed during Syria’s brutal civil war. However, the court emphasized that a new warrant could still be issued now that Assad is no longer in office and is living in exile in Russia since December 2024.

The French court ruled that personal immunity afforded to sitting heads of state under international law remains absolute, with no exception, even in cases involving grave human rights violations.

“This ruling is a missed opportunity to challenge immunity in cases involving mass atrocities,” said Mariana Pena, senior legal counsel at the Open Society Justice Initiative (OSJI).

The original arrest warrant, issued in November 2023, was based on investigations into two chemical weapons attacks linked to Assad’s regime:

• August 2013 Ghouta Attack: A sarin gas assault in eastern Damascus reportedly killed over 1,000 civilians, including hundreds of children.
• April 2018 Douma and Adra Attack: Another chemical assault injured more than 450 people in the rebel-held suburbs near the capital.

These attacks triggered global outrage and nearly prompted U.S. military intervention. Then-President Barack Obama had declared chemical weapons use a “red line”, but chose diplomacy after Syria agreed to dismantle its chemical stockpiles.

The criminal complaint in France was filed by survivors, the Syrian Center for Media and Freedom of Expression, and the OSJI, under France’s universal jurisdiction laws that allow prosecution of international crimes regardless of where they occurred.

Though France’s anti-terrorism office initially sought to annul the warrant, a Paris court upheld it in 2024. The decision was appealed again by state prosecutors, ultimately leading to the Cour de Cassation’s latest ruling

While the warrant against Bashar al-Assad has been nullified, arrest warrants remain active for three senior Syrian officials, including Assad’s brother, Maher al-Assad, for similar charges related to war crimes and crimes against humanity.

The court has yet to make a ruling on these additional warrants.

The ruling has reignited debate over whether head of state immunity should shield leaders from accountability in foreign courts, especially when accused of atrocities against their own citizens.

Legal experts say this case may set a precedent, but also believe future legal actions against Assad are still possible, particularly now that he no longer holds office.

“Assad may have escaped this warrant, but his departure from power opens new legal pathways,” said a source close to the civil parties involved in the case.

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