France’s highest court docket upholds a few of Bashar Assad’s authorized protections, however permits future warrants

The Cour de Cassation upheld Assad’s head-of-state immunity, however added that since he’s not in workplace, “new arrest warrants could have been or could also be issued in opposition to him for acts which will represent struggle crimes or crimes in opposition to humanity.” The resolution is a blow to activists who had hoped the court docket would put aside the immunity, a choice that might have had far-reaching penalties for different leaders accused of atrocities.

“From our aspect as a sufferer, it is a enormous mistake. This will assist one other dictatorship to maintain doing this sort of crime — they know they may take pleasure in immunity,” mentioned Mazen Darwish, president of the Syrian Centre for Media, which collected proof of struggle crimes.

“It is a tragic day for us,” Mr. Darwish mentioned.

Missed alternative for justice

The president of the Cour de Cassation, Christophe Soulard, mentioned within the ruling that 19 judges had declined to raise Assad’s immunity, however {that a} new arrest warrant may very well be issued to pave the way in which for his trial in absentia in France over the usage of chemical weapons in Ghouta in 2013.

Human rights legal professionals had sought to allow prosecution of leaders linked to atrocities whereas they’re in energy, not simply after they depart. But worldwide regulation at present forbids it.

“Under present worldwide regulation, crimes in opposition to humanity and struggle crimes usually are not exceptions to the precept of jurisdictional immunity for sitting international heads of state,” Mr. Soulard mentioned.

Assad, the previous chief of Syria now in exile in Russia, retained no legal professionals for these fees and has denied that he was behind the chemical assaults.

“The court docket’s ruling is a missed alternative for justice,” mentioned Mariana Pena, a lawyer with the Open Society Justice Initiative, which helped deliver the case to the court docket. But she mentioned that the ruling “leaves the door open to the prosecution of Assad.”