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France’s Top Court Invalidates Assad Arrest Warrant and Clears Way for New Charges

Presidential immunity shielded Assad’s 2023 arrest warrant under international law with the ruling clearing the way for fresh war crimes charges after his ouster.

FILE - In this Dec. 9, 2010 file photo, then-Syrian President Bashar al-Assad addresses reporters at the Elysee Palace in Paris, France. (AP Photo/Remy de la Mauviniere, File)
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Overview

  • The Cour de Cassation ruled that international law grants heads of state personal immunity from foreign prosecution during their term, invalidating the November 2023 warrant against Bashar al-Assad.
  • Judges said new arrest warrants can be issued now that Assad has left office, as demonstrated by a second warrant issued in January over an alleged 2017 Deraa bombing.
  • The initial warrant accused Assad of directing 2013 sarin gas attacks in Eastern Ghouta, Adra and Douma that killed more than 1,000 civilians.
  • The case tested France’s universal jurisdiction framework and underscored tensions between established immunity norms and efforts to hold leaders accountable for chemical weapons use.
  • Rights advocates and investigators say the ruling also clears the path for future charges against other regime figures, including ex-Central Bank governor Adib Mayaleh.