The Paris appeals court ruled on Wednesday that an international arrest warrant for Syrian President Bashar Assad issued by France for alleged complicity in war crimes during Syria’s civil war is valid and remains in place, according to lawyers Jeanne Sulzer and Clemence Witt, who represented the plaintiffs and non-governmental organizations that filed the complaint against Assad in France. They hailed the decision as a historic judgment and “a giant step forward in the fight against impunity.”
In May, French anti-terrorism prosecutors had asked the Paris appeals court to consider lifting the arrest warrant for Assad, arguing that he has absolute immunity as a serving head of state. However, the court ruled that the personal immunity of a serving head of state is not absolute, marking the first time a national court has recognized such a stance.
French judicial authorities issued international arrest warrants last November for Assad; his brother Maher Assad, the commander of the 4th Armored Division; and two Syrian generals, Ghassan Abbas and Bassam al-Hassan, for alleged complicity in war crimes and crimes against humanity, including a 2013 chemical attack on then opposition-held Damascus suburbs. Victims of the attack welcomed France’s decision to issue arrest warrants as a reminder of the horrors of Syria’s civil war.
The four individuals named in the arrest warrants can be arrested and brought to France for questioning while the investigation into the 2013 attacks in Eastern Ghouta and Douma continues, the lawyers said. Although President Assad is unlikely to face trial in France, international warrants for a serving world leader are very rare and send a strong message about Assad’s leadership at a time when some countries have welcomed him back into the diplomatic fold.
More than 1,000 people were killed and thousands were injured in the August 2013 attacks on Douma and Eastern Ghouta. The investigation into the attacks has been conducted under universal jurisdiction in France by a special unit of the Paris Judicial Court. It was opened in 2021 in response to a criminal complaint by the survivors filed by the Syrian Center for Media and Freedom of Expression.
The director of the center, Syrian lawyer Mazen Darwish, said “the landmark decision is not only a victory for Syrian victims, but for victims everywhere.” He added, “This is a historical opportunity to correct the legal and moral wrong. It shows that there is no immunity when we are talking about crimes against humanity and using chemical weapons against civilians.”
