The Paris Court of Appeal is called upon to rule on Wednesday June 26 on the cancellation of the arrest warrant against Bashar el-Assad, accused of complicity in crimes against humanity for chemical attacks in Syria in 2013 . Why did France issue an arrest warrant against the Syrian leader? Why is it controversial? What could it lead to? Explanations.
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A decision described as “ historical » by the civil parties, but which could soon be defeated by the Paris Court of Appeal. On November 14, French justice issued an international arrest warrant against the Syrian president. Bashar al-Assadaccused of complicity in crimes against humanity for chemical attacks carried out against civilians in 2013. For the first time, a sitting president was the subject of an arrest warrant issued by the French justice system, an act usually reserved for international jurisdictions such as the International Criminal Court.
The validity of this decision, called into question by the National Anti-Terrorism Prosecutor’s Office (PNAT), competent in matters of crimes against humanity, will be decided on Wednesday June 26 by the investigating chamber of the Paris Court of Appeal.
Why is an arrest warrant issued against Bashar al-Assad?
The procedure began in 2021. After the filing of a complaint with the constitution of a civil party by the Syrian Center for Media and Freedom of Expression, subsequently joined by around ten Franco-Syrian victims and three other NGOs, judges of the center specializing in crimes against humanity of the Paris judicial court investigated the chemical attacks of the summer of 2013.
These attacks, carried out against the populations of the Eastern Ghouta, near Damascus, then controlled by a rebellion at war against the regime, resulted in the death of more than 1,000 civilians and the injury of thousands more. After three years of investigation, the judges repeatedly identified the Syrian regime, led by Bashar al-Assad, as the author of these crimes. “ Bashar al-Assad has attacked his population on several occasions, but does not want to participate in international procedures even though he has been condemned by the UN Security Council and the General Assembly of States Parties to the Convention on Chemical Weapons », summarizes Steve Kostas, head of litigation at the Open Society Justice Initiative, an organization which has become a civil party in the case.
Other arrest warrants also target his brother Maher, head of the 4th armored division, General Ghassan Abbas, director of branch 450 of the Center for Scientific Studies and Research (CERS) where chemical weapons are developed, as well as as General Bassam al-Hassan, advisor to the president and liaison officer with the ESRB. The latter are not contested by the PNAT.
Read alsoChemical attacks in 2013 in Syria: French justice issues an arrest warrant against Bashar al-Assad
Why is it contested?
For the PNAT, the personal immunity enjoyed by heads of state cannot allow for exceptions. In its request for annulment, the prosecution considers that the exceptions to this impunity are “ reserved for the sole benefit of international jurisdictions “, such as the International Criminal Court, and wishes to see this issue ” decided by a higher court “.
A request strongly opposed by around sixty NGOs and victims’ associations in a joint press release. The signatories consider that it is “ time to question » this immunity, which undermines the “ extraordinary efforts of victims and survivors seeking justice and reparation from the French justice system ” And ” only perpetuates the cycle of violence and suffering “.
For Steve Kostas, invalidating this arrest warrant would be a real setback for survivors and victims who have turned to the France to obtain justice. “ Immunity helps support interstate relations and the sovereign equality of states, but should be waived due to the unusual circumstances of the casesupports the lawyer who plans to appeal in the event of invalidation. There are no international courts authorized to prosecute Bashar al-Assad or other Syrian officials. » Indeed, the Syria is not a member of the International Criminal Court, which can only investigate crimes committed on the territory of its member states, and any attempt to open an investigation through the United Nations Security Council has been blocked by the vetoes of Russia and China.
Could this arrest warrant be effective?
Even if the arrest warrant is validated by the Paris Court of Appeal, the hope of seeing Bashar al-Assad arrested remains tenuous. If an arrest warrant is issued by one country, it can in theory be respected by others, or even disseminated through the European Union or Interpol. However, ” the Geneva conventions on the law of war do not provide for any provision excluding the principle of immunity from jurisdiction of heads of state in office for war crimes, [ce qui] strongly doubts whether it can be distributed internationally », explains Didier Rebut, director of the Paris Institute of Criminology and Criminal Law, in a note published by the Club of Jurists.
Although there is a good chance that the arrest warrant will be limited to French territory, NGOs nevertheless hope to draw attention to the suffering suffered by Syrians trapped between artillery fire and attacks with sarin, a gas deadly neurotoxicant. “ We expect the investigation into Bashar al-Assad’s role in the chemical attacks to continue and for the investigating judges to refer it to the prosecutor’s office for prosecution and trial.explains the member of the Open Society Justice Initiative. I hope this will inspire governments around the world to think about normalizing relations with Assad and his government. »
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