France’s highest court, the Cour de Cassation, annulled a previously issued international arrest warrant against former Syrian President Bashar al Assad. The warrant had been issued in November 2023 under universal jurisdiction for his alleged role in the 2013 sarin gas attacks in Ghouta and Douma attacks that killed more than 1,000 people. The court held that personal immunity protects heads of state from prosecution while in office, and since Assad was still serving at the time, the warrant was ruled invalid.
Although the warrant has been overturned, presiding Judge Christophe Soulard clarified that new arrest warrants may now be issued, because Assad was ousted in December 2024 and is no longer covered by presidential immunity. Legal proceedings under universal jurisdiction can therefore continue.
The original warrant stemmed from French investigations into chemical weapon attacks in August 2013. French authorities also issued a second warrant in January 2025 linking Assad to a deadly bombing in Deraa in 2017 that killed a French-Syrian national.
Human rights advocates, including those from the Open Society Justice Initiative, called the court’s decision a “missed opportunity for justice”, arguing it could have set a historic precedent by exempting immunity in atrocity cases but noted the ruling does leave the door open for future prosecution.
France had previously relied on universal jurisdiction, allowing its courts to try foreign nationals for war crimes regardless of where the alleged crimes occurred. Prior to this case, it had issued warrants for Assad’s brother Maher and two former generals, as well as prosecuted other Syrian officials in absentia.
With Assad now living in exile in Russia, his legal immunity has ended. The French ruling ensures that investigations into chemical attacks and other alleged crimes can legally proceed, undercutting barriers to international accountability.
