The Paris Court of Appeal has just validated the French arrest warrant targeting Syrian President Bashar al-Assad, accused of complicity in crimes against humanity for deadly chemical attacks in August 2013 attributed to the regime. On site, the civil parties welcome a decision “ historical “.
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Hearing report, Laura Martel
This is a historic decision, as it is the first time that a national court has recognized that the personal immunity of a serving head of state is not absolute. This is what Clémence Witt, Jeanne Sulzer and Clémence Bectarte underline, the lawyers for the victims and French and Syrian NGOs who are civil parties in this case.
Since 2021, judges from the crimes against humanity unit in Paris have been investigating the Syrian chain of command which led to these chemical attacks against civilians in 2013. In particular the August 21 sarin gas attack in eastern Ghouta which killed more than 1,000 people.
Read alsoSarin gas, a powerful nerve agent, a combat weapon in Syria
A decision that paves the way for a trial to be held in France against the Syrian president
Last November, there was already a first historic decision since the judges issued an arrest warrant against four high dignitaries, including Bashar al-Assad himself. But the prosecution then filed a request for annulment against the warrant which targets the Syrian president. He points out that “ until now, it is unanimously estimated » that the exceptions to the personal immunity of heads of state in office are “ reserved for international jurisdictions ”, like the International Criminal Court. The prosecution therefore wants to see the question decided by a higher court.
This is done, since the Court of Appeal validated the arrest warrant. We do not yet know on what arguments it was based, but this unprecedented decision opens the way to the holding of a trial in France against Bashar el-Assad in this case, whether he is arrested thanks to this warrant or not. . However, the prosecution can still appeal to the Court of Cassation.
Read alsoChemical attacks in Syria: why is the French arrest warrant against Bashar al-Assad threatened?