French court upholds warrant for Assad over chemical weapons

French court upholds warrant for Syria's Assad over chemical weapons — Syrian President Bashar Assad, June 26, 2024. Photo: sana.sy

PARIS,—French appeals court on Wednesday upheld an arrest warrant issued for Syrian President Bashar al-Assad concerning the alleged use of banned chemical weapons against civilians.

The warrant, originally sanctioned by French judges in November 2023, pertains to charges of complicity in crimes against humanity and war crimes.

This decision came after a French inquiry into chemical assaults in Douma and Eastern Ghouta in August 2013, which led to more than 1,000 deaths.

The Syrian government, under Assad’s leadership, has consistently denied accusations of deploying chemical weapons during the ongoing civil war since March 2011.

Syrian authorities refrained from immediate comment following the Court of Appeal’s ruling.

Prosecutors contested the warrant’s validity, arguing that as a sitting head of state, Assad should benefit from immunity from trial and prosecution in France.

However, the Paris Court of Appeal reaffirmed the warrant’s legitimacy, stating, “The prohibition against the use of chemical weapons constitutes a customary international law obligation, and the international crimes under consideration by the judges cannot be considered as part of the official duties of a head of state.”

Mazen Darwish, leader of the Syrian Center for Media & Freedom of the Press and one of the initiating lawyers, expressed satisfaction with the court’s decision. He declared, “Today marks a significant milestone and a historic victory, not just for Syrian victims, but for victims worldwide.”

He emphasized that the court’s decision affirms their enduring stance that immunity must never protect crimes against humanity, war crimes, and the use of chemical weapons.

Arrest warrants targeting sitting heads of state are rare due to their typically recognized immunity from prosecution.

Nevertheless, exceptions exist under international law when allegations involve war crimes, crimes against humanity, or genocide. France permits such cases to be pursued domestically.

Steve Kostas, a senior legal officer at Open Society Justice Initiative, reacted to the verdict, noting, “This decision underscores that international rules on immunity cannot equate to impunity, especially concerning the gravest international crimes.”

(With files from Reuters)