France's highest court canceled an arrest warrant for Bashar al-Assad due to head of state immunity under international law. The Cour de cassation stated there were no exceptions but allowed for a future warrant since Assad is no longer in power. Since December 2024, Assad has been in exile in Russia. The warrant stemmed from civil parties responding to chemical attacks in Syria, and the ruling was viewed as a missed opportunity to challenge the immunity of leaders accused of grave crimes.
The Cour de cassation declared the warrant invalid under international law, which gives heads of state personal immunity from prosecution in foreign courts while they are in office.
The judges ruled there were no exceptions, but said their decision did allow for a new arrest warrant to be issued now Assad is no longer a head of state.
Mariana Pena, a senior legal counsel with the Open Society Justice Initiative, said the ruling was a missed opportunity for the court to make an exception on the waiving of immunity for heads of state accused of the most serious crimes.
The case that led to the arrest warrant was brought by civil parties including survivors of the attacks, the Syrian Center for Media and Freedom of Expression and the OSJI.
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