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On Friday, the Cour de Cassation affirmed Assad’s head-of-state immunity while noting that new arrest warrants could be issued against him if he committed acts constituting war crimes or crimes against humanity since leaving office. The ruling is a setback for activists hoping to overturn his immunity entirely, which could have far-reaching consequences for other leaders accused of atrocities.
Mazen Darwish, president of the Syrian Centre for Media, which collected evidence of war crimes, expressed disappointment: “This is a huge mistake that supports another dictatorship and their crimes. They know they will enjoy immunity.”
Christophe Soulard, President of the Cour de Cassation, explained that 19 judges declined to lift Assad’s immunity but allowed new warrants for his alleged use of chemical weapons in Ghouta in 2013.
International law currently does not allow prosecution of sitting foreign heads of state for crimes against humanity and war crimes. However, the court’s ruling leaves open the possibility of prosecuting Assad when he leaves office or if current high-ranking officials are implicated.
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In a related case, the court permitted prosecution of Adib Mayaleh, a former Syrian government finance minister, who had also claimed immunity under international law. This decision could establish in France that courts can target heads of state and other high-ranking officials after they leave power.
The Assad regime, which ruled Syria for over 50 years, faced rebellion during the Arab Spring in 2011, leading to a brutal 13-year civil war with over 500,000 deaths. Millions fled to neighboring countries and Europe.
The International Criminal Court has issued arrest warrants for leaders accused of atrocities, such as Vladimir Putin in Ukraine, Benjamin Netanyahu in Gaza, and Rodrigo Duterte in the Philippines. However, Syria’s government denied responsibility for the Ghouta attack, which the opposition rejected due to Assad’s forces being the only side with sarin gas.
Assad retained power until late 2024 when rebels overran Aleppo and Damascus, forcing him to flee to Russia on December 8, 2024. New warrants in France could pave the way for his trial or arrest if he leaves Russia.
The court’s decision is a missed opportunity for justice, according to Mariana Pena of the Open Society Justice Initiative. However, it does open possibilities for prosecuting current high-ranking officials with adequate evidence.
Syrians often risked personal safety to gather war crime evidence. Darwish noted that teams collected testimonies and soil samples after chlorine gas attacks in Douma, linking them directly to Assad.
Despite disappointment, activists like Mazen Darwish continue to investigate cases against Assad and other figures who have fled to Russia, the Gulf, Lebanon, or Europe. Many Syrians hope for a fair trial of Assad in Damascus but seek guarantees of a just process.
Darwish’s organization has already received requests to bring war crime accusations against those involved in recent violence in southern Syria. “We will keep fighting this type of crime,” he stated.
📚 Reading Comprehension Quiz
According to the passage, what is a significant consequence of the Cour de Cassation's ruling on Bashar al-Assad’s head-of-state immunity?
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