NGOs have documented hundreds of chemical weapons attacks in Syria. The United Nations and the Organisation for the Prohibition of Chemical Weapons have conducted detailed investigations into a limited number of attacks and repeatedly identified the Syrian regime, led by Bashar al-Assad, as the perpetrator. These constitute clear violations of international law, including international humanitarian law, international criminal law, and international human rights law.
We commend the efforts of French judges investigating the chemical attacks on civilians in Douma and Eastern Ghouta in August 2013, which resulted in the deaths of more than 1,000 civilians.
The investigating judges found there is a sufficient basis to issue arrest warrants for four senior officials in Syria’s government for alleged responsibility for the attacks: Syria’s President Bashar al-Assad, his brother Major General Maher al-Assad, the de facto leader of the 4th Armoured Division, as well as General Ghassan Abbas, the Director of Branch 450 of the Syrian Scientific Studies and Research Center (SSRC), and General Bassam al-Hasan, the Presidential Advisor for Strategic Affairs and liaison officer between the Presidential Palace and the SSRC.
The arrest warrants for Bashar al-Assad and other officials are a significant advance in our collective efforts for accountability.
However, we strongly oppose the French National Anti-Terror Public Prosecutor’s Office decision to challenge the validity of the arrest warrant against Bashar al-Assad. The arrest warrants for the other officials are not contested and will remain in effect. The Public Prosecutor argues that as a sitting head of state, Bashar al-Assad is immune from trial and prosecution in France.
Heads of State have been understood to be immune before foreign domestic courts. Recent decades have seen an erosion of state immunities and functional immunities under international law to prevent impunity for international crimes, notably war crimes and crimes against humanity. It is now time to also challenge the personal immunity of the sitting head of state for international crimes. In the context of Syrian chemical attacks, the international community and the UN Security Council have repeatedly demanded that all perpetrators must be held accountable.
Ongoing impunity for these crimes only serves to perpetuate the cycle of violence and suffering for victims and survivors. It undermines the international rule of law.
This challenge by the Prosecutor’s Office is inconsistent with France’s leadership of the International Partnership against Impunity for the Use of Chemical Weapons—a coalition of over 40 states and the European Union. It also contradicts the French government’s consistent stance demanding accountability for all perpetrators of chemical attacks in Syria. Most critically, it hampers the extraordinary efforts of victims and survivors who seek justice and redress through the French legal system.
We urgently call upon the French government to affirm its support for the independent judicial investigation of all those suspected of criminal responsibility for these atrocities, including Bashar al-Assad. The French government must make clear that it does not recognize Bashar al-Assad’s immunity for his role in chemical weapons attacks. France’s commitment to justice and the prohibition of chemical weapons must be unwavering.
Only through support for the French investigation and prosecution, and a concerted international effort to enforce the French arrest warrants, can there be redress for the victims, survivors, and their families. Only through support for the French investigation can the universal commitment to prohibit the use of chemical weapons and hold perpetrators accountable be effectively enforced.
We call on France to convey a resolute message to the world: the use of chemical weapons is forbidden, and all perpetrators will face justice.
- Syrian Center for Media and Freedom of Expression (SCM)
- Mnemonic / Syrian Archive
- Open Society Justice Initiative
- Civil Rights Defenders
- Adalaty
- Adel Centre For Human Rights
- Afrin Platform
- Al-Ameen for Humanitarian Support
- Amal Healing and Advocacy Center
- Amal Organization
- Amnesty International
- Association of Victims of Chemical Weapons (AVCW)
- Ayn Al Madina
- Caesar Families Association (CFA)
- Center for Enforcement of Human Rights International
- Center for Justice and Accountability
- Chemical Violations Documentation Center and Research (CVDCR)
- Child Guardians
- DAR Association for Victims of Forced Displacement
- Derina Organization
- Do Not Suffocate Truth Campaign
- European Center for Constitutional and Human Rights
- Families for Freedom Movement (FfF)
- Fraternity Foundation for Human Rights
- Free Syrian Lawyers Association (FSLA)
- Guernica 37
- Human Rights Guardians
- Humanitarian Care Charity
- HuMENA for Human Rights and Civic Engagement
- International Bar Association’s Human Rights Institute
- International Commission of Jurists
- International Federation for Human Rights
- Jana Watan
- Justice for Peace
- Lawyers and Doctors for Human Rights (LDHR)
- Local Administration Councils’ Unit (LACU)
- Local Development and Small-Projects Support (LDSPS)
- Mahabad Organization for Human Rights “MOHR”
- Mazaya Organization Women
- Mizan Organisation for Legal Research and Human Rights
- Montreal Institute for Genocide and Human Rights Studies
- NAJOON Organization
- Pro-justice
- REDRESS
- Sadad Humanitarian Organization
- Sans Menottes
- SEWAR Organization
- Sobh Cultural Team
- Synergy Association for Victims
- Syria Spring Team
- Syrian American Council
- Syrian Center for Community Development (SCCD)
- Syrian Center for Legal Studies and Research (SCLSR)
- Syrian Forum
- Syrian Legal Development Programme (SLDP)
- TASTAKEL Women’s Organization
- The Syria Campaign
- The White Helmets
- TRIAL International
- Union of Free Syrian Students
- Union of Revolutionary Bureaus (URB)
- Women Now for Development (WND)
- Women’s Organization for Transitional Justice
- Women’s Support and Empowerment Center in Idlib
- Zoom-In Organization