Syria’s judiciary issued an absentia arrest warrant for former President Bashar al-Assad yesterday, citing charges of murder and torture, according to reports from the state news agency. This marks a significant governmental move, being the first of its kind since the previous regime was overthrown.
Judge Tawfiq Ali, who presides over the seventh investigative court in Damascus, stated that the arrest warrant relates to the events in Daraa from 2011, with allegations including premeditated murder, torture leading to death, and deprivation of liberty. Ali noted that the judicial decision could pave the way for the warrant to be circulated through Interpol and for the case to be pursued internationally, following a complaint filed by victims’ families in Daraa province.
The province of Daraa was the epicenter of the popular protests that erupted against the former regime in 2011, which subsequently escalated into a devastating conflict claiming over half a million lives nationwide. This action is unprecedented within Syria from the current transitional authorities.
Earlier, in November 2023, French authorities had issued an arrest warrant for Assad in connection with chemical attacks attributed to his forces in 2013 in Ghouta and surrounding areas, which resulted in fatalities.
In July, the French anti-terrorism prosecutor requested a new international arrest warrant against him for the same charges. Subsequently, in August, the judiciary issued seven arrest warrants for senior officials, including Assad, related to the bombing of a media center in Homs in 2012 that led to the deaths of American journalist Marie Colvin and French photographer Rémi Ochlik.
According to a judicial source in Damascus, the former Syrian president, who fled to Russia with his family last December, could face trial in absentia in Syria if the investigative judges determine that a trial is warranted.
The International Criminal Court does not have jurisdiction over crimes committed in Syria, as Damascus has not ratified the Rome Statute, the founding treaty of the court. European courts, particularly in Germany, have previously invoked the principle of universal jurisdiction to prosecute former Syrian security officials involved in torture and crimes against humanity within their country.