France's Highest Court Annuls Arrest Warrant Against Syria's Assad Over Chemical Attacks
French court ruling sets precedent in international law for holding accused war criminals to account.
France's top court, the Court of Cassation, has annulled a French arrest warrant issued against Syria's former president, Bashar Assad, over his alleged involvement in deadly chemical attacks in 2013.
The court ruled that there are no exceptions to presidential immunity, even for alleged war crimes and crimes against humanity.
However, since Assad is no longer president after being ousted in December, the court stated that new arrest warrants could be issued against him, allowing the investigation into the case to continue.
The warrant against Assad was issued in November 2023 by French authorities over his alleged role in the sarin gas attacks on August 4 and 5, 2013, in Adra and Douma outside Damascus.
These attacks resulted in the deaths of more than 1,000 people, according to US intelligence.
Assad is accused of complicity in war crimes and crimes against humanity, with Syrian authorities at the time denying involvement and blaming rebels.
The French judiciary pursued the case under the principle of universal jurisdiction, which allows courts to prosecute individuals for serious crimes committed in other countries.
An investigation based on testimonies from survivors and military defectors, as well as photos and video footage, led to warrants for the arrest of Assad, his brother Maher, and two generals.
Public prosecutors initially appealed against the warrant targeting Assad, arguing that he should have immunity as a head of state.
However, the Paris Court of Appeal upheld it in June 2023.
Assad's circumstances changed significantly after he and his family fled to Russia following his ouster by advancing rebels in December 2024.
In January, French investigating magistrates issued a second arrest warrant against Assad for suspected complicity in war crimes related to a bombing in the Syrian city of Daraa in 2017 that killed a French-Syrian civilian.
The Court of Cassation's ruling stated that Assad's so-called "personal immunity," granted due to his office, meant he could not be targeted by arrest warrants until his ouster.
However, it ruled that "functional immunity," which is granted to individuals performing certain state functions, could be lifted in cases involving severe crimes.
This decision sets a significant precedent in international law regarding the prosecution of accused war criminals.
Additionally, the court upheld the indictment against Adib Mayaleh, the former governor of Syria's Central Bank and finance minister, for complicity in war crimes and crimes against humanity over alleged funding for the Assad government during the civil war.
Mayaleh obtained French nationality in 1993 and goes by the name Andre Mayard on his French passport.
The ongoing conflict in Syria has resulted in the deaths of more than half a million people and displaced millions since its inception in 2011, following the then-government's brutal crackdown on anti-Assad protests.
Assad's fall in December 2024 marked the end of his family's five-decade rule.