France's Top Appeals Court Upholds Validity of Arrest Warrant for Syrian President Assad Over Alleged Crimes against Humanity

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ICARO Media Group
Politics
26/06/2024 23h27

In a significant development, France's top appeals court has ruled that an arrest warrant for Syrian President Bashar al-Assad, issued for his alleged complicity in crimes against humanity and war crimes, is valid. The warrant was sought by investigative judges last year in connection with a deadly chemical weapons attack in Syria back in 2013, an incident that Mr. Assad has vehemently denied any involvement in.

Challenging the validity of the French warrant, anti-terrorism prosecutors argued that Mr. Assad had immunity as a sitting foreign head of state. However, the Paris Court of Appeal rejected this argument, terming it a historic decision. According to the lawyers representing the plaintiffs in the original complaint, this ruling marks the first time that a national court has recognized that a sitting head of state does not have total personal immunity.

France is one of the countries that allows for the filing of crimes-against-humanity cases in its courts. The Syrian conflict, which erupted in 2011 after Mr. Assad's government responded violently to peaceful pro-democracy protests, has left a devastating impact on the country. The war has claimed the lives of half a million people and displaced half of Syria's population, including nearly six million refugees abroad.

The 2013 chemical weapons attack, which took place in the opposition-held Ghouta region on the outskirts of Damascus, saw the use of rockets containing the nerve agent sarin. While UN experts confirmed the use of sarin, they were not tasked with assigning blame. However, Western powers asserted that only Syrian government forces could have carried out the attack, while Mr. Assad shifted the blame towards rebel fighters. It is worth noting that Mr. Assad ratified the Chemical Weapons Convention following the incident and agreed to destroy Syria's declared chemical arsenal.

Since then, investigators from the UN and the Organisation for the Prohibition of Chemical Weapons (OPCW) have linked government forces to several deadly chemical attacks in Syria. In light of this, survivors and the Syrian Centre for Media and Freedom of Expression (SMC) filed a complaint to French investigative judges in 2018, alleging crimes against humanity and war crimes and seeking prosecution under the concept of universal jurisdiction.

Last November, the judges agreed with the complaint and subsequently issued arrest warrants for Mr. Assad, his brother Maher, General Ghassan Abbas, and General Bassam al-Hassan. The appeal filed by anti-terrorism prosecutors did not question the evidence but aimed to annul the arrest warrant for the president, arguing that immunity for sitting foreign heads of state should only be lifted for international tribunals like the International Criminal Court (ICC).

However, on Wednesday, the Paris Court of Appeal reaffirmed the validity of the arrest warrant, stating that the use of chemical weapons is a violation of customary international law and that the crimes being investigated cannot be considered part of the official duties of a head of state.

Although it is unlikely that Mr. Assad will face trial in France, the director of the Syrian Centre for Media and Freedom of Expression, Mazen Darwish, hailed the court's decision as a crucial step towards justice for the victims of chemical attacks. He emphasized that this ruling sends a clear message that impunity for serious crimes will not be tolerated and marks the end of an era where immunity could shield impunity.

While this development brings hope for justice, it is essential to note that challenges and obstacles remain in the Syrian conflict and the pursuit of accountability for its atrocities.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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