Paris judges have confirmed an arrest warrant for Syrian leader Bashar al-Assad over his alleged role in crimes against humanity related to chemical attacks in 2013, according to the plaintiffs’ lawyers.
The Paris appeals court upheld the warrant, which implicates Assad in the deadly chemical attacks in Syria in August 2013. Plaintiffs’ lawyers Clemence Bectarte, Jeanne Sulzer, and Clemence Witt hailed the decision as historic, marking the first time a national court has recognized that a sitting head of state does not have complete immunity from prosecution for their actions.
Prosecutors, who specialize in investigating terrorist attacks, had sought to annul the warrant, arguing that immunity for foreign heads of state should only be lifted for international prosecutions, such as those conducted by the International Criminal Court (ICC). However, they did not dispute the evidence linking Assad to the chemical attacks.
France is believed to be the first country to issue an arrest warrant for a sitting foreign head of state. Mazen Darwish, a lawyer for the International Human Rights League (FIDH), called the decision “great news” and a “new victory for the victims,” emphasizing that there is no immunity for such crimes.
The arrest warrant, issued in mid-November at the request of investigative magistrates specializing in crimes against humanity, calls for Assad’s detention over his role in attacks on Adra and Douma on August 4-5, 2013, and East Ghouta on August 21. The first attack injured around 450 people, while American intelligence reports indicate that over 1,000 people were killed with sarin nerve gas in East Ghouta, a suburb of Damascus.
In addition to Assad, the warrants target his brother Maher, who was head of the Syrian army’s fourth division at the time, and two generals, Ghassan Abbas and Bassam al-Hassan. The anti-terror prosecutors contested only the warrant for Bashar al-Assad’s arrest.
France’s investigation, led by the OCLCH crimes against humanity unit, is based on extensive evidence, including photos, videos, maps, and testimonies from survivors and former military personnel. Following the attacks, Syria joined the Organisation for the Prohibition of Chemical Weapons (OPCW) but has denied subsequent allegations of continuing to use chemical weapons. The country had its OPCW voting rights suspended in 2021 after poison gas attacks on civilians in 2017.
The Syrian civil war, which began in 2011 with the violent suppression of anti-government protests, has escalated into a protracted conflict involving foreign powers and global jihadist groups. The war has claimed over half a million lives and displaced half of Syria’s pre-war population.
