France’s highest court, the Cour de Cassation, is set to rule on whether Bashar al-Assad, the toppled Syrian leader in exile in Russia, can be stripped of his state immunity due to the sheer scale of evidence documenting accusations against him. This decision could pave the way for his trial in absentia over the use of chemical weapons in Ghouta in 2013 and Douma in 2018.
The ruling might set a precedent, allowing the prosecution of other government leaders linked to atrocities, according to human rights activists and lawyers. Al-Assad has denied involvement in the chemical attacks, but the opposition has rejected his denial, citing his forces’ possession of sarin during the civil war.
A ruling against al-Assad would be “a huge victory for the victims,” said Mazen Darwish, president of the Syrian Center for Media and Freedom of Expression. “It is not only about Syrians; this will open the door for the victims from any country and this will be the first time that a domestic investigative judge has the right to issue an arrest warrant for a president during his rule.”
This development could empower the legal framework to prosecute not just deposed and exiled leaders but those currently in power, similar to the International Criminal Court’s arrest warrants for leaders accused of atrocities, such as Russia’s Vladimir Putin in Ukraine and Israel’s Benjamin Netanyahu in Gaza.
The Syrian government denied involvement in the Ghouta attack in 2013, but the United States threatened military retaliation, eventually settling for a deal with Moscow for al-Assad to give up his chemical weapons stockpile. This allowed Russia to wield significant influence in the war-torn nation. Al-Assad survived over a decade longer with military aid from Russia and Iranian-aligned groups, including Hezbollah, before being overthrown by rebel groups.
The potential trial of al-Assad is part of a broader effort to hold leaders accountable for war crimes and human rights abuses. The French legal system, with its civil law basis and independent judiciary, provides a framework for such cases. France’s highest court has previously upheld convictions of high-profile figures, such as former President Nicolas Sarkozy, who was found guilty of corruption and influence peddling.