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J. Sulzer and C. Witt

In France, it is no longer taboo to prosecute sitting heads of state like Bashar al-Assad

On June 26, the Court of Appeal of Paris ruled that Bashar al-Assad’s use of chemical weapons against his civilian population in 2013, despite these acts being committed in his official capacity as president of the Syrian Arab Republic, “cannot be considered as part of the official functions of a head of state [and] are separable from the sovereignty naturally attached to these functions.”


The Court of Appeal’s decision represents a significant step toward ensuring that head-of-state immunity does not protect individuals from prosecution for the most serious international crimes. This arrest warrant’s confirmation signals to sitting heads of state that they cannot commit international crimes and escape accountability. The forthcoming decision by France’s highest court will be crucial in either upholding or overturning this landmark ruling, with profound implications for international law, accountability, and victims of the most heinous crime.







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