On Friday, July 25, the Cour de Cassation, France’s highest court of appeals, decided that the personal immunity granted to sitting heads of state allows for no exceptions. The ruling is a major disappointment for human rights defenders and international law experts fighting against impunity. And as a result, the arrest warrant issued in November 2023 by Parisian investigating judges against former Syrian president Bashar al-Assad, who was accused of ordering chemical attacks in the suburbs of Damascus in 2013, has been annulled. This decision was made just days before the 12th anniversary of the sarin gas attack on Ghouta, which killed around 1,000 to 1,500 people, including several French-Syrians.
This decision effectively prevents French courts from prosecuting sitting heads of state, who, like prime ministers and foreign affairs ministers, enjoy personal immunity. The court did not uphold Prosecutor General Rémy Heitz’s suggestion that the arrest warrant for al-Assad be maintained by setting aside his personal immunity, since France had not recognized him as the “legitimate sitting head of state” since 2012, given the “mass crimes committed by the Syrian regime.”
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