French court to decide on Assad immunity amid chemical attack case
France’s Highest Court to Decide Whether Bashar al‑Assad Can Be Arrested
The Arrest Warrant Issue
France issued the warrant in November 2023 after evidence linked al‑Assad to the 2013 sarin gas attacks that killed more than 1,000 people, according to U.S. intelligence. The court is to rule Friday whether the warrant can stand, a decision that could either reaffirm head‑of‑state immunity or set a new precedent for prosecuting war criminals under universal jurisdiction.
The Legal Argument
- Universal jurisdiction allows a court to prosecute individuals for serious crimes committed in other countries.
- Prosecutors argued al‑Assad should enjoy immunity because France had not recognised him as the legitimate ruler of Syria since 2012.
- The Paris Court of Appeal had previously upheld the warrant and prosecutors appealed again.
Impact on International Law
Agnes Callamard, secretary general of Amnesty International, said a ruling lifting al‑Assad’s immunity would strengthen the founding principles of international law in fighting the impunity of war criminals. “A precedent that removes immunity in cases of war crimes would help hold perpetrators accountable,” she wrote in Liberation.
The Current Situation
Al‑Assad and his family fled to Russia after Islamist rebels toppled him in December 2022. Russian authorities confirmed al‑Assad has been protected by Russia, a factor that makes it unlikely he will be detained in France.
Who Will Be Hearing Friday
- Friday’s hearing is scheduled to start at 13:00 GMT.
- The case remains a key test for whether a former head of state can be prosecuted for alleged war crimes and crimes against humanity.
