Scope of criminal immunity for foreign officials and Heads of State

In two rulings from July 25, 2025, the Plenary Assembly of the Court of Cassation recognized for the first time that no immunity could prevent the prosecution of former heads of state and state agents for their participation in war crimes and crimes against humanity, but indicated that international customury law does not allow for any exceptions to the personal immunity of a sitting foreign head of state.

It thus overturned the arrest warrant issued in November 2023 by two investigating judges against Bashar al-Assad, before the fall of his regime in December 2024, in connection with the case of the August 2013 chemical attacks in Syria, in which Clémence Witt Witt and Jeanne Sulzer Sulzer represent several civil parties.

Ressources relatives aux arrêts de la Cour de Cassation du 25 juillet 2025 (ENG).pdf

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