France’s Court of Cassation to rule on Assad arrest warrant over 2013 chemical attacks

PARIS — Eight months after the collapse of the Syrian regime of Bashar al-Assad and the rise of President Ahmed al-Sharaa, the crimes committed during Bashar al-Assad’s 14-year rule remain unresolved in European courts.

France’s Court of Cassation, the country’s highest judicial authority, has announced it will deliver a ruling this Friday on whether to uphold or revoke an international arrest warrant issued against Assad. The charges stem from his alleged role in chemical weapons attacks using sarin gas in the Daramsuq (Damascus) suburbs of Adra and Douma in 2013, which killed more than 1,000 people.

The court will also consider whether exceptions to the traditional immunity granted to foreign officials can apply in cases involving war crimes or crimes against humanity. This legal question could have far-reaching implications beyond France.

In November 2023, two investigative judges in Paris issued the warrant, formally charging Assad with complicity in crimes against humanity and war crimes. The Paris Court of Appeal later upheld the warrant in June 2023, bringing the case before the Court of Cassation for final review.

If the court cancels the warrant, French investigators could still issue a new one. However, Assad might then invoke “functional immunity” as a former head of state, claiming his actions were part of his official duties while in office.

Should the court uphold the arrest warrant, it would mark a historic precedent — not only in France, but across Europe — by challenging the long-standing principle of presidential immunity. Such a decision could open the door for broader international legal action against Assad and signal a major shift in the prosecution of state crimes at the highest level.