A historic decision. The Paris Court of Appeal confirmed the international arrest warrant for Syrian President Bashar al-Assad

The Paris Court of Appeal confirmed the international arrest warrant for Syrian President Bashar al-Assad.

This was reported to Babel by Jean Sultzer, a lawyer for public organizations and several victims who filed a complaint with the Paris Court.

"This is a historic decision. This is the first time that a national court recognizes that the personal immunity of a sitting head of state is not absolute. This victory is sealed by the courage and perseverance of the French and Syrians affected by the chemical attacks in Syria. This is an important step in the fight against impunity, which paves the way for the trial of Bashar al-Assad in France," she said.

In November 2023, France issued international arrest warrants for Syrian President Bashar al-Assad, his brother Magher al-Assad and two more of their influential associates — director of the Syrian Research Center (SSRC) branch, General Hassan Abbas, and liaison officer between the presidential palace and the SSRC, General Bassam al-Hassan Suddi.

All of them, according to the investigation, are involved in chemical weapons attacks on Syrian cities controlled by the opposition in the summer of 2013. Then more than a thousand people, including hundreds of children, died from chlorine and sarin poisoning. The Paris court qualified these actions as crimes against humanity.

Bashar al-Assad is the current president, so he has immunity that protects him from detention and arrest. In May 2023, the French Anti-Terrorism Prosecutorʼs Office even asked the Paris Court of Appeal to decide on the cancellation of the warrant for Assadʼs arrest, saying that he has absolute immunity as the current head of state. Prime ministers and foreign ministers of Syria have the same immunity.

A national (not international) court has tried to overcome such immunity only once: in 2000, Belgian judges issued an arrest warrant for the Congolese foreign minister, Abdoulaye Herodias Ndombasi, for serious international crimes (war crimes or crimes against humanity). However, Congo appealed this decision to the UN International Court of Justice, Belgium lost and the minister escaped punishment. That is why this was the key question to which the Court of Appeal of Paris had to give an answer.

Why is it important for Ukraine?

Because it is a precedent. If France proves the legality of the warrant for Assadʼs arrest, it will make it possible to prosecute another dictator in other countries — Russian leader Vladimir Putin, as well as Russian Prime Minister and Foreign Minister Sergei Lavrov.