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France’s top court annulled a French arrest warrant against former Syrian president Bashar al-Assad on Friday. The warrant had been issued before his removal, regarding chemical attacks in 2013 that resulted in numerous fatalities.
The Court of Cassation determined that there were no exceptions to presidential immunity, even in cases of alleged war crimes and crimes against humanity.
However, presiding judge Christophe Soulard noted that since Assad is no longer president following his overthrow by an Islamist-led group in December, “new arrest warrants may have been, or may be, issued against him,” indicating that the investigation could persist.
Human rights advocates had expected that the court might decide that immunity should not apply due to the seriousness of the charges, which would create a significant precedent in international law for holding alleged war criminals accountable.
French authorities issued the warrant for Assad in November 2023, citing his purported role in the command structure for a sarin gas attack that claimed over 1,000 lives, according to US intelligence, on August 4 and 5, 2013, in Adra and Douma, located near Damascus.
Assad faces accusations of complicity in war crimes and crimes against humanity in this matter, although Syrian authorities at the time denied any involvement and attributed the blame to rebels.
The Court of Cassation maintained that Assad’s so-called “personal immunity,” which is granted due to his position, prevented him from being subjected to arrest warrants until he was ousted. It further stated that “functional immunity,” applicable to individuals performing specific state functions, could be revoked in cases where severe allegations of crime are present.
Thus, the court upheld the French judiciary’s indictment of the former governor of Syria’s Central Bank and former finance minister, Adib Mayaleh, for complicity in war crimes and crimes against humanity related to the financial support of the Assad government during the civil war.
Mayaleh acquired French nationality in 1993 and is known as Andre Mayard on his French passport.
Since the onset of Syria’s war in 2011, which began with the government’s harsh crackdown on anti-Assad protests, over half a million people have died, and millions have been displaced.
Assad’s removal on December 8, 2024, brought an end to his family’s rule of five decades.
