In a landmark decision, the Paris Court of Appeal has validated the arrest warrant for Syrian President Bashar al-Assad, marking a significant victory for survivors of the 2013 chemical attacks in Ghouta and Douma, the Syrian center for Media and Freedom of Expression said in a statement Wednesday.
This decision also upholds the arrest warrants against his brother, Maher al-Assad, and two senior Syrian military officials.
The statement said the ruling on the Assad arrest warrant is a crucial step forward for international justice, reinforcing that those responsible for atrocities cannot evade accountability through claims of immunity. The arrest warrants were initially issued on 14 November 2023 by investigating judges. Despite the French National Anti-Terrorism Prosecutor’s Office (PNAT) challenging Assad’s warrant on the grounds of head-of-state immunity, the court ruled that accountability for international crimes supersedes such protections.
On 1 March 2021, survivors of the chemical weapons attacks, supported by SCM, the Syrian Archive, and the Open Society Justice Initiative, filed a criminal complaint in Paris regarding the 2013 attacks on Douma and Eastern Ghouta. The complaint alleged that these attacks constituted war crimes and crimes against humanity. The chemical attacks in Eastern Ghouta, employing the nerve agent sarin, resulted in significant civilian casualties and were condemned globally.
Despite the adoption of UN Security Council Resolution 2118, calling for accountability and the destruction of Syria’s chemical weapons, subsequent attacks have shown continued use of these weapons by Syria. With no international court exercising jurisdiction, victims and NGOs turned to national authorities to seek justice.
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The decision is a profound statement against impunity for human rights violations. It sends a clear message that the international community will not tolerate the use of chemical weapons and other severe crimes. For the victims of the Eastern Ghouta and Douma attacks, the validation of these warrants is a crucial step towards justice and acknowledgment of their suffering.
Mazen Darwish, Founder and General Director of the Syrian Center for Media and Freedom of Expression (SCM), commended the decision: “This historic ruling marks a crucial step towards justice for the victims of chemical attacks. It sends a clear message that impunity for serious crimes will not be tolerated.”
Hadi al-Khatib, Founder and Managing Director of Mnemonic and Syrian Archive, highlighted the importance of accountability: “For the victims, for the survivors, for the Syrian people, it must be possible to seek justice for such atrocities, from all who are proved responsible.”
Steve Kostas, senior lawyer at Open Society Justice Initiative, emphasized the significance of the ruling: “This decision makes clear that international rules on immunity cannot be synonymous with impunity, particularly for the most serious international crimes.”
Aida Samani, Senior Legal Adviser at Civil Rights Defenders, noted the broader implications: “This landmark verdict contributes to revoking the status quo on immunities and brings us closer to a world where heads of state can no longer commit core international crimes with impunity.”
French law permits the investigation and prosecution of these international crimes, leading to the issuance of the arrest warrants on 14 November 2023. The French Prosecutor’s challenge to Assad’s warrant was based on head of state immunity, but the Paris Court of Appeal’s ruling on 15 May 2024 confirmed the legality of the warrant, setting a precedent for international justice.
