France’s top court to examine arrest warrant for Syria’s Assad

Syria’s civil war has killed more than half a million people and displaced millions since it broke out in March 2011 with the Damascus authorities’ brutal repression of anti-government protests (AFP)
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Updated 02 July 2024
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France’s top court to examine arrest warrant for Syria’s Assad

  • France is believed to have been the first country to issue an arrest warrant for a sitting foreign head of state in November

PARIS: Prosecutors said Tuesday they had asked France’s highest court to review the legality of a French arrest warrant for Syrian President Bashar Assad over deadly chemical attacks on Syrian soil in 2013.
Syrian opposition say one of those attacks in August 2013 on the rebel-held suburbs of Damascus killed around 1,400 people, including more than 400 children, in one of the many horrors of the 13-year civil war.
Prosecutors said they had made the request to the Court of Cassation on Friday on judicial grounds, two days after an appeals court upheld the arrest order.
“This decision is by no means political. It is about having a legal question resolved,” the prosecutors told AFP.
France is believed to have been the first country to issue an arrest warrant for a sitting foreign head of state in November.
Investigative magistrates specialized in so-called crimes against humanity, issued the warrant after several rights groups filed a complaint against Assad for his role in the chain of command for the alleged chemical attacks in the capital’s suburbs on August 4, 5 and 21, 2013.
But prosecutors from a unit specialized in investigating “terrorist” attacks have sought to annul it, although they do not question the grounds for such an arrest.
They argue that immunity for foreign heads of state should only be lifted for international prosecutions, such as at the International Criminal Court (ICC).
The Syrian Center for Media and Freedom of Expression (SCM), lawyers’ association Open Society Justice Initiative (OSJI) and the Syrian Archive, an organization documenting human rights violations in Syria, filed the initial complaint.
SCM head Mazen Darwish was indignant.
“We view (the) filing of the appeal as a political maneuver aimed at protecting dictators and war criminals,” he told AFP.
Lawyers Jeanne Sulzer and Clemence Witt, who are representing the plaintiffs, said the appeal to the Court of Cassation “again threatens the efforts of victims to have Bashar Assad judged in an independent jurisdiction.”
A UN report on the August 21 attacks said there was clear evidence sarin gas was used in Moadamiyet Al-Sham as well as Zamalka and Ein Tarma in the Ghouta suburbs of Damascus.
Syria’s civil war has killed more than half a million people and displaced millions since it broke out in March 2011 with the Damascus authorities’ brutal repression of anti-government protests.


Congress taking first votes on Iran war as debate rages about US goals

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Congress taking first votes on Iran war as debate rages about US goals

  • The US Senate is headed toward a vote on President Donald Trump’s decision to embark on a war against Iran
  • It’s an extraordinary test in Congress for a conflict that has rapidly spread across the Middle East with no clear US exit strategy
WASHINGTON: The US Senate is headed toward a vote Wednesday on President Donald Trump’s decision to embark on a war against Iran, an extraordinary test in Congress for a conflict that has rapidly spread across the Middle East with no clear US exit strategy.
The legislation, known as a war powers resolution, gives lawmakers an opportunity to demand congressional approval before any further attacks are carried out. The Senate resolution and a similar bill being voted on in the House later this week face unlikely paths through the Republican-controlled Congress and would almost certainly be vetoed by Trump even if they were to pass.
Nonetheless, the votes marked a weighty moment for lawmakers. Their decisions on the five-day-old war — which Trump entered without congressional approval — could determine the fates of US military members, countless other lives and the future of the region.
“Wars without clear objectives do not remain small. They get bigger, bloodier, longer and more expensive,” said Senate Democratic leader Chuck Schumer at a news conference Tuesday. “This is not a necessary war. It’s a war of choice.”
Trump administration scrambles for congressional support
After launching a surprise attack against Iran on Saturday, Trump has scrambled to win support for a conflict that Americans of all political persuasions were already wary of entering. Trump administration officials have been a frequent presence on Capitol Hill this week as they try to reassure lawmakers that they have the situation under control.
“We are not going to put American troops in harm’s way,” Secretary of State Marco Rubio told reporters in a raucous news conference at the Capitol Tuesday.
But six US military members were killed over the weekend in a drone strike in Kuwait.
Trump has also not ruled out deploying US ground troops. He has said he is hoping to end the bombing campaign within a few weeks, but his goals for the war have shifted from regime change to stopping Iran from developing nuclear capabilities to crippling its navy and missile programs.
“I think they are achieving great success with what they’ve done so far,” Senate Majority Leader John Thune said Tuesday, adding that what happens next in the country will be “largely up to the Iranian people.”
Almost all Republican senators were readying to vote Wednesday against the war powers resolution to halt military action, but a number still expressed hesitation at the idea of deploying troops on the ground in Iran.
“I don’t think the American people want to see troops on the ground,” said Sen. Bill Cassidy, R-Louisiana, as he exited a classified briefing Tuesday. He added that Trump administration officials “left open that possibility,” but it wasn’t an option they were emphasizing.
Lawmakers to go on record
The votes in Congress this week represented potentially consequential markers of just where lawmakers stand on the war as they look ahead to midterm elections and the consequences of the conflict.
“Nobody gets to hide and give the president an easy pass or an end-run around the Constitution,” said Sen. Tim Kaine, the Virginia Democrat leading the war powers resolution. “Everybody’s got to declare whether they’re for this war or against it.”
Republican leaders have successfully, though narrowly, defeated a series of war powers resolutions pertaining to several other conflicts that Trump has entered or threatened to enter. This one, however, is different.
Unlike Trump’s military campaigns against alleged drug boats or even Venezuelan leader Nicolás Maduro, the attack on Iran represents an open-ended conflict that is already ricocheting across the region. For Republicans who are used to operating in a political party dominated by Trump and his promises of keeping the US out of foreign entanglements, the moment represented a bit of whiplash.
“War is ugly, it always has been ugly, but we’re taking out a regime that has been trying to attack us for quite some time,” said Sen. Markwayne Mullin, an Oklahoma Republican.
Meanwhile, Sen. Lindsey Graham, a South Carolina Republican who has long pushed Trump to engage overseas, argued that the widening conflict represented an opportunity for Arab and European countries to join in the fight against Iran and the militant groups it supports.
“I don’t mind people being on record as to whether or not they think this is a good idea,” he told reporters, but also argued that too much power over the military was ceded to Congress in the War Powers Act, which mandates that presidents must withdraw troops from a conflict within 90 days if there is no congressional authorization.
House vote looms
On the other side of the Capitol, House leaders were also readying for an intense debate over the war followed by a vote Thursday.
“I do believe we have the votes to defeat it, I certainly hope we do,” House Speaker Mike Johnson said after an all-member briefing on Tuesday night.
Meanwhile, House Democratic leader Hakeem Jeffries said he expected a strong showing from Democrats in favor of the war powers resolution.
As lawmakers emerged from a closed-door briefing Tuesday night, Rep. Gregory Meeks, the top Democrat on the House Foreign Affairs Committee, implored the Trump administration to “come to Congress” and speak directly to the American people about the rationale for the war.
His voice filled with emotion as he said, “Our young men and women’s lives are on the line.”