Bashar al-Assad's Dismissal of Legal Proceedings Upheld by Court of Cassation
In a groundbreaking legal development, the French Cour de cassation is set to rule on the immunity claim of Syrian President Bashar al-Assad, who was indicted by two French judges in November 2023 for complicity in crimes against humanity and war crimes. The indictment is in connection with chemical attacks attributed to Assad's regime in August 2013, specifically in Adra and Douma (450 injured) and later in Eastern Ghouta (nearly 1,400 dead).
The case against Assad, who is the commander of the 4th armoured division, revolves around his alleged role in the use of chemical weapons, a violation of international law. The specific head of state in question is Syrian President Bashar al-Assad, and other key figures implicated include General Ghassan Abbas, responsible for the regime's chemical weapons program, and General Bassam al-Hassan, presidential advisor for strategic affairs and liaison officer with CERS. Three other arrest warrants were issued for Maher al-Assad, the deposed Syrian president's younger brother.
The question before the French Cour de cassation is whether a foreign head of state can claim immunity for suspected war crimes or crimes against humanity. In June 2024, the Paris Court of Appeal upheld the arrest warrant and ruled that Assad’s personal immunity did not apply, given the gravity of the crimes and that in allegedly ordering chemical attacks on civilians, he was not acting as a legitimate head of state, thereby losing the privilege of immunity.
The case represents a significant legal development affirming that heads of state accused of war crimes or crimes against humanity may not claim immunity in France and potentially other jurisdictions under universal jurisdiction principles. The outcome, expected by July 25, 2025, could set an important precedent for international law by confirming that former heads of state can be prosecuted in France for such crimes without immunity protection.
France no longer recognizes Assad as a legitimate president since 2012 due to mass crimes committed by the Syrian authorities. This lack of recognition supports the argument that immunity can be lifted in cases involving grave international crimes such as war crimes and crimes against humanity. The historic assembly held by the French Cour de cassation on July 4, 2023, will decide on the legality of the arrest warrant and the immunity question, with a decision pending.
[1] Le Monde, "Assad: le procès en France pour crimes contre l'humanité", 2023 [2] The Guardian, "Bashar al-Assad indicted in France over chemical weapons attacks", 2023 [3] BBC News, "Assad indicted in France over Syria chemical attacks", 2023 [4] Reuters, "France's highest court to rule on Assad immunity in war crimes case", 2025 [5] Al Jazeera, "France's top court to rule on Assad's immunity in war crimes case", 2025
The implications of this case extend beyond France, as it questions the immunity claims of heads of state accused of war crimes or crimes against humanity in the realm of general news. Meanwhile, politics are at play, as the French Cour de cassation is set to rule on the legality of Assad's arrest warrant, which stems from charges of complicity in chemical attacks during war-and-conflicts in Syria.
