The Paris Court of Appeal today upheld the validity of the arrest warrant against Syrian President Bashar al-Assad, along with warrants issued for his brother Maher al-Assad and two senior Syrian military officials.

These warrants are in connection with their alleged roles in the chemical attacks in Ghouta and Douma in August 2013.

This decision represents a significant advancement for the survivors and victims of these chemical attacks, as well as for international justice. It emphasizes that individuals responsible for such grave atrocities, regardless of their position, cannot shield themselves from accountability.

Initially issued on November 14, 2023, by two investigating judges, the arrest warrants faced a challenge on December 22, 2023, when the French National Anti-Terrorism Prosecutor's Office (PNAT) sought to nullify the warrant against Bashar al-Assad, citing his immunity as a head of state.

However, the PNAT acknowledged the factual basis implicating Assad in the chemical attacks and did not contest the warrants against other Syrian officials, including Maher al-Assad.

On 15 May 2024, the Paris Court of Appeal heard arguments from the General Prosecutor and lawyers representing victims and NGOs, civil parties in the case, on the legality of the arrest warrant against Bashar al-Assad.

The Court's decision unequivocally establishes that accountability for international crimes supersedes any claims of immunity, including by a sitting head of state.

The Court of Appeal’s decision carries profound implications for international justice and the protection of human rights. It sends a clear message that the international community cannot tolerate impunity for egregious violations such as the use of chemical weapons.

For the victims and survivors of the Eastern Ghouta and Douma chemical attacks, the arrest warrants represent a long-overdue acknowledgment of the severity of the crimes committed against them and a crucial step towards justice.

Mazen Darwish, Founder and General Director of the Syrian Center for Media and Freedom of Expression (SCM): "We commend the Court of Appeal in Paris for upholding the arrest warrants issued against Bashar al-Assad. This historic decision marks a crucial step towards justice for the victims of chemical attacks. It sends a clear message that impunity for serious crimes will not be tolerated, and the era when immunity could serve as a shield for impunity has come to an end."

Hadi al-Khatib, Founder and Managing Director of Mnemonic and Syrian Archive: “Having seen the evidence, no judge or prosecutor in France has questioned Bashar Al-Assad’s role in the chemical attacks in Ghouta and Douma in August 2013. For the victims, for the survivors, for the Syrian people, and for others around the world similarly affected: it must be possible to seek accountability in court for such atrocities, from all who are proved responsible.”

Steve Kostas, senior lawyer at Open Society Justice Initiative: “This decision makes clear that international rules on immunity cannot be synonymous with impunity, particularly for the most serious international crimes. The road to justice in this case is long and difficult, but with today’s result we have seen the law rightly respond to the victim’s resolve to secure accountability. Their demand is straightforward: that all perpetrators of chemical attacks against the Syrian people are investigated and prosecuted. The Paris Court of Appeal decision now allows investigation of even the highest ranking official. With each step forward in this case, we are working towards a future where no one, anywhere, of any rank, is above the law.”

Aida Samani, Senior Legal Adviser at Civil Rights Defenders: “This is a landmark verdict, in which the Court of Appeal of Paris has made an important contribution to revoke the status quo on immunities. The verdict will hopefully lead the international community one step closer to a world order where heads of state can no longer commit core international crimes with impunity.

Background

On March 1, 2021, survivors of chemical weapons attacks, alongside the Syrian Center for Media and Freedom of Expression (SCM), supported by Syrian Archive and the Open Society Justice Initiative, filed a criminal complaint concerning the August 2013 chemical weapons attacks in Douma and Eastern Ghouta.

This complaint was submitted as a civil party application to investigating judges at the Paris Judicial Court, alleging that these attacks constituted war crimes and crimes against humanity.

The NGOs, joined by Civil Rights Defenders as a civil party, presented substantial evidence, including survivor testimonies, analysis of command chains, and information identifying Syrian officials purportedly responsible for the attacks.

The chemical attacks on Eastern Ghouta on August 21, 2013, involving the deadly nerve agent sarin, resulted in significant civilian casualties and drew widespread condemnation from the international community.

These attacks, along with prior incidents in Douma and Adra, formed part of a systematic campaign targeting civilians in opposition-held territories.

Following the Ghouta attacks, the Organization for the Prohibition of Chemical Weapons (OPCW) and the UN Security Council adopted Resolution 2118, mandating the destruction of Syria's chemical weapons and calling for accountability for all perpetrators.

Despite these measures, subsequent incidents have indicated Syria's ongoing use of chemical weapons, and no international court has yet taken jurisdiction over those responsible. As a result, victims and NGOs have sought recourse with national authorities to ensure accountability for these crimes.

Under French law, investigations and prosecutions of these international crimes can proceed, despite their occurrence in Syria. On November 14, 2023, two investigating judges from the Paris Judicial Court issued arrest warrants following an extensive inquiry.

On December 22, 2023, the French Prosecutor contested the warrant against Bashar al-Assad, invoking head of state immunity. However, the Prosecutor did not dispute the findings regarding Assad's alleged role in the chemical attacks nor the warrants against other Syrian officials, including Maher al-Assad, Bashar's brother.

On May 15, 2024, the Paris Court of Appeal deliberated on the arguments presented by the General Prosecutor and civil party lawyers Jeanne Sulzer, Clémence Witt, and Clémence Bectarte, who represented individual victims and NGOs.

They focused on the legality of the warrant against Bashar al-Assad within the framework of head of state immunity.