In a new judicial step that confirms the seriousness of the French judiciary in prosecuting perpetrators of crimes against humanity in Syria, the French anti-terrorism prosecutor submitted an official request to the investigating judges of the Anti-Terrorism Judicial Authority in Paris to issue a new international arrest warrant for Bashar al-Assad.
This request comes after a decision issued by the General Chamber of the French Court of Cassation a few days ago to annul the previous warrant on procedural grounds related to presidential immunity. This decision did not change the substance of the case or the weight of evidence linking the Syrian regime to the use of chemical weapons in 2013.
First: The Court of Cassation annuls the previous arrest warrant due to immunity
On July 25, 2025, the General Chamber of the French Court of Cassation issued a decision to annul the international warrant issued on June 26, 2024, by the Investigative Chamber of the Paris Court of Appeal, which had upheld the validity of the international arrest warrant for Bashar al-Assad. The appeal decision was based on purely procedural grounds, namely that Assad was serving as head of state when the warrant was issued, and therefore enjoyed the personal immunity recognized by French and international law for heads of state while in office.
The court's decision did not address the legitimacy of the charges or evidence related to the chemical attacks in Ghouta and Douma on August 4 and 5, 2013, but rather limited itself to the formal aspect related to the legal timing of the warrant's issuance. The decision implies that the French investigations were not annulled or questioned by the court, a fact confirmed by the remaining valid arrest warrant issued against the former governor of the Central Bank of Syria, demonstrating that the case is based on strong evidence incriminating the regime.
Second: New Request from the Public Prosecutor for Counter-Terrorism
In an important development on July 28, 2025, the French Public Prosecutor for Counter-Terrorism submitted a new request to issue an international arrest warrant against Bashar al-Assad. This judicial intervention by the French counterterrorism prosecutor is of paramount importance, as the anti-terrorism prosecutor only intervenes in cases with a strategic security dimension that affect French national security or pose a threat to the international community.
The anti-terrorism prosecutor is known for operating based on a meticulous security assessment of the evidence, and its decisions are usually difficult to challenge in court due to their reliance on reliable intelligence and extensive international cooperation.
This type of assessment is completely different from that undertaken by the regular criminal prosecutor's office, whose decisions are often localized and easily overturned upon appeal.
The request for a new arrest warrant, given the expiration of Assad's presidential immunity after his departure from power in December 2024, is now legally immune from any procedural challenge, making the issuance of the new warrant imminent and merely a matter of time.
The Paris Court of Appeal had previously discussed the evidence and facts in earlier stages of the case and confirmed their validity, which supports the new judicial process and strengthens it against any future review.
Third: The European Trend toward Multiple Arrest Warrants Against the Assad Regime
France's issuance of a new arrest warrant against Bashar al-Assad is expected to trigger a series of similar legal moves in a number of European countries that adhere to the principle of "universal jurisdiction," such as Germany, Sweden, and the Netherlands. The laws of these countries allow for the prosecution of perpetrators of crimes against humanity regardless of the location of the crime or the nationality of the accused.
The same evidence and testimonies presented in France could also be used as a legal basis for issuing arrest warrants in other countries, further strengthening the international legal network surrounding Assad and his aides, preventing them from traveling and increasing political and diplomatic pressure on them.
Fourth: The International Criminal Court is an Option Without the Need for the Security Council
Although Syria is not a party to the Rome Statute establishing the International Criminal Court, a direct French move could pave the way for referring the case to the international court, based on Article 14 of the Statute, which grants member states the authority to refer cases of crimes against humanity to the Prosecutor without the need for a resolution from the UN Security Council.
France has previously resorted to this approach in the case of crimes committed in Ukraine by Russia, setting a legal precedent that could be used to justify similar action regarding crimes committed in Syria, particularly chemical attacks, which are among the most heinous crimes prohibited under international law.
This trend is supported by the decision issued by the French Court of Cassation on May 12, 2023, which ruled that residency in France is no longer necessary to prosecute suspects in crimes against humanity, as long as these crimes are considered criminal in the country in which they occurred. This decision opened the door widely for France to exercise its universal jurisdiction in similar cases, especially in light of the growing demands to end impunity at the international level.
Conclusion: New Arrest Warrants on the Way
The issuance of a new arrest warrant for Bashar al-Assad has become a likely possibility in the near future, and could even lead to broader judicial action within Europe and possibly international prosecution before the International Criminal Court.
The next phase may witness the expansion of the scope of the warrants to include other regime officials. This could set a precedent for prosecuting perpetrators of chemical crimes and crimes against humanity, without the need for political cover from the Security Council and with direct support from national and international judicial bodies concerned with protecting the law and the rights of victims.
Omar Al-Youssef - Zaman Al-Wasl
Comments About This Article
Please fill the fields below.