French court upholds validity of arrest warrant for Syria's Assad over chemical weapons

An arrest warrant issued for Syrian President Bashar al-Assad over the use of banned chemical weapons against civilians was upheld by a Paris court on Wednesday, one of the lawyers who lodged the initial case said.

The warrant issued by French judges in November 2023 refers to charges of complicity in crimes against humanity and complicity in war crimes, followed a French investigation into chemical attacks in Douma and the district of Eastern Ghouta in August 2013, attacks which killed more than 1,000 people.

Prosecutors, who would be responsible for asking the police to enact the warrant, had challenged its validity, arguing that, as a sitting head of state, Assad was immune from trial and prosecution in France.

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“Today is a very special day and this is a historic victory, not only for the Syrian victims, but for all the victims around the world,” said Mazen Darwish, head of the Syrian Center for Media & Freedom of the Press. “The court’s decision confirms what we have always said – that when the issue concerns crimes against humanity, war crimes, and the use of chemical weapons, immunity should never be relied upon.”

Assad’s government has denied using chemical weapons against its opponents in the civil war, which broke out in March 2011. Syrian authorities did not immediately reply to a request for comment on Wednesday’s Court of Appeal ruling.

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In May, French anti-terrorism prosecutors asked the Paris appeals court to rule on lifting the arrest warrant for Assad, saying he has absolute immunity as a serving head of state.

“It’s the first time that a national court has recognized that the personal immunity of a serving head of state is not absolute,” the lawyers told The Associated Press.

French judicial authorities issued international arrest warrants last November for Assad; his brother Maher Assad, the commander of the 4th Armored Division; and two Syrian generals, Ghassan Abbas and Bassam al-Hassan, for alleged complicity in war crimes and crimes against humanity. They include a 2013 chemical attack on then opposition-held Damascus suburbs.

Victims of the attack welcomed France’s decision to issue arrest warrants as a reminder of the horrors of Syria’s civil war.

The four individuals named in the arrest warrants can be arrested and brought to France for questioning while the investigation into the 2013 attacks in Eastern Ghouta and Douma continues, the lawyers said. While President Assad is unlikely to face trial in France, international warrants for a serving world leader are very rare and send a strong message about Assad’s leadership at a time when some countries have welcomed him back into the diplomatic fold.

More than 1,000 people were killed and thousands were injured in the August 2013 attacks on Douma and Eastern Ghouta.

With inputs from agencies.