But “new detention warrants can or may be issued against him,” as former Syrian president is no longer head of state.
The French justice considered on Friday that no exception can raise the personal immunity of a head of state, thus annulling the arrest warrant issued by Parisian judges against the former president Bashar al-Assad.
However, the deliberation points out that since Bashar al-Assad was deposed in December 2024, and is no longer head of state, “New detention warrants can or may be issued against it” For war crimes and crimes against humanity, according to the president of the highest court of the French court order, Christophe Soulard, during a public hearing.
According to the president of the Cassation Court, the judicial inquiry opened against the former Syrian dictator may proceed.
In November 2023, French judges issued an arrest warrant for complicity in crimes against humanity and war crimes against Bashar al-Assad, for Chemical attacks attributed to its regime in 2013, which killed more than a thousand people.
These attacks occurred between August 4 and 5, 2013 in Adra and Douma (causing about 450 injured) and on August 21 in the Ghouta Oriental region, where more than 1,400 people, according to US secret services, were killed by sarin gas.
Assad was no defense for these accusations and denied any involvement in chemical attacks. In June 2024, the Paris Court of Appeal validated the warrant.
However, both the National Anti-Terrorism Attorney (PNAT), in the first instance, and later the Public Prosecution Service, presented objections, defending absolute immunity before foreign courts that benefit heads of state, prime ministers and ministers of foreign business in office.
On July 4, French prosecutor Rémy Heitz asked the arrest warrant against the former Syrian chief of state to be maintained, contesting the analysis of the Court of Appeal, who considered that these crimes “could not be considered as part of the official functions of a head of state”.
However, the prosecutor eventually suggested to the court “a third way” by excluding Bashar Al-Assad’s personal immunity, arguing that since 2012 France has no longer recognized the dictator as the Syrian legitimate head of state, due to the “mass crimes” committed by the “Syrian regime”, which would nullify the principle of personal immunity.
The lawyer of the civil parties (non-governmental and victim organizations), Paul Mathonnet, asked the court to “move away from a personal immunity”, especially when impunity, for example in the case of chemical attacks, which are considered “prohibited at all” in international law.
The International Criminal Court (ICC), more dedicated to judging war crimes and crimes against humanity, has no jurisdiction about crimes committed in Syria, since the country did not ratify the status of Rome that created the court.
Another option would be the United Nations Security Council, however, no special resolution was requested to intervene in the Syrian case, as countries such as Russia and China (permanent members of the organ) used their veto power to block any attempt in this regard and to protect the Assad regime.
Bashar al-Assad, who succeeded his father Hafez in 2000 last December, shortly before a rebel jihadist coalition take apart and end five decades of power from the former president’s family.
He was 24 years old in power and his leadership was marked by the repression of pro-democracy protests in 2011, triggering a civil war. The conflict provoked More than half a million dead and forced the move of several million people.
