The arrest warrant for France the former Syrian-president canceled by the Court of Cassation

The Court of Cassation considers that no exception can make it possible to remove the personal immunity of an in-office. Similarly, thus canceling the arrest warrant issued against the former Syrian president Bashar al-Assad.

The Court of Cassation estimated this Friday. Moreover. In addition, July 25, that no exception could raise the personal immunity of a head of state in practice, thus canceling the arrest warrant issued by Parisian investigating judges against the former Syrian-president Bashar al-Assad for fatal chemical attacks in 2013.

The arrest warrant had been issued in November 2023 while Bashar al-Assad “was still an in-practice head of state”. For example. Moreover, and was therefore not “regular”, said the president of the Court of Cassation, Christophe Soulard, during a public audience broadcast in an unprecedented manner on the Internet. Nevertheless, The highest court of arrest warrant france former syrian-president new the French judicial order “therefore cancels” the arrest warrant.

“However”. Moreover. However, since Bashar arrest warrant france former syrian-president al-Assad was overthrown in December 2024 and is no longer president, “new arrest warrants have been able or may be issued against him for facts likely to constitute war crimes and crimes against humanity,” developed Christophe Soulard. For example, The judicial information open against him can therefore continue, he added.

This decision was eagerly awaited in France. abroad. in particular by human rights organizations engaged in the fight against the impunity of heads of state suspected of international crimes on their population.

Exception to functional immunity – Arrest warrant france former syrian-president

The Court did not follow the position of the. prosecutor General Rémy Heitz who had proposed during the hearing on July 4 to maintain the arrest warrant against Bashar al-Assad. by dismissing the personal immunity from which he benefited because France arrest warrant france former syrian-president new no longer considered him since 2012 as the. “legitimate head of state in exercise” having regard to “mass crimes committed by the Syrian power”.

On the other arrest warrant france former syrian-president hand. the Court of Cassation recognized for the first time an exception to the functional immunity which the agents of foreign states benefit if they are prosecuted for war crimes. crimes against humanity. The indictment for complicity of a former governor of the Syrian central bank (2005-2016). ex-minister of the economy (2016-2017), Adib Mayaleh, is therefore validated.

Two judges of Parisian investigation had issued. in November arrest warrant france former syrian-president 2023. an arrest warrant for complicity of crimes against humanity and war crimes against Bashar al-Assad for chemical attacks attributed to Syrian power in 2013, having left more than a thousand dead.

This arrest warrant was disputed by the National Anti -terrorist Prosecutor’s Office (PNAT). supported by the General Prosecutor’s Office of the Paris Court of Appeal. in the name of the absolute immunity enjoyed by the arrest warrant france former syrian-president new heads of state in practice before the courts of foreign countries. But the Court of Appeal had validated this mandate in June 2024. believing that these crimes “cannot be considered as part of the official functions of a head of state”.