French Supreme Court annuls arrest warrant for Bashar al-Assad

PARIS — Days after France’s Court of Cassation annunciation to rule on upholding or canceling the arrest warrant issued against former Syrian regime leader Bashar al-Assad, accused of being responsible for the use sarin gas in attacks in Adra and Douma, near Daramsuq (Damascus) in 2013—killing over 1,000 people— the Court has now voided the arrest warrant. 

The court ruled that no exception could override the immunity of a sitting head of state, explaining that the arrest warrant was issued while Assad was still Syria’s president. However, it noted, a new warrant could now be issued since he is no longer in power.

Presiding judge Christophe Soulard stated in an unprecedented public hearing; “Since Bashar al-Assad was ousted in December 2024 and is no longer president, new arrest warrants could be issued against him for war crimes and crimes against humanity, meaning judicial investigations against him may proceed.” 

French investigative judges issued the arrest warrant in November 2023, while Assad was still in office. This sparked legal and diplomatic debates in France, some argued the warrant was valid despite his former position, while others deemed it unconstitutional due to his immunity at the time. 

The Court of Cassation’s decision overturns a previous ruling by the Paris Court of Appeals, which had upheld the arrest warrant in 2024. 

Even if a new warrant is issued, its practical impact remains doubtful. After being overthrown on December 8, 2024, Assad fled to Russia with his family and aides, where President Vladimir Putin granted him humanitarian asylum. 

Debate continues over Assad’s lavish residence in Moscow, and whether Russia would extradite him, even with a valid warrant, especially if offered a deal serving Russian interests in various geopolitical matters. 

The key question remains: Would Russia ever hand over Assad, and at what price?