France's highest court has annulled an arrest warrant for former Syrian president Bashar al-Assad, who was accused of complicity in war crimes and crimes against humanity. The Cour de cassation ruled that the warrant was invalid under international law, which grants heads of state personal immunity from prosecution in foreign courts while in office.
The judges found no exceptions to this immunity, but noted that a new warrant could now be issued since Assad is no longer head of state. He has been living in exile in Russia since December 2024, after rebels backed by Turkish forces took control of Syria.
The arrest warrant was issued by a French court in November 2023 in connection with two chemical weapons attacks in Syria. The first, in August 2013, involved sarin gas in Ghouta, eastern Damascus, believed to have killed over 1,000 people, including many children. The second, in April 2018, injured 450 people in Adra and Douma.
The case was brought by civil parties, including survivors, the Syrian Center for Media and Freedom of Expression, and the Open Society Justice Initiative (OSJI). Mariana Pena, a senior legal counsel at OSJI, called the ruling a 'missed opportunity' to create an exception for leaders accused of the most serious crimes, but said the campaign for justice would continue.
The annulment came after France's anti-terrorism office challenged the warrant on immunity grounds. The Paris court of appeal had previously upheld the warrant, but a further appeal led to the Cour de cassation's decision. The court did not rule on arrest warrants for three other Syrian officials, including Assad's brother Maher, which remain in effect.
