French court upholds right to investigate Syrians suspected of war crimes

France's highest court has ruled that the country can try foreign suspects under the universal jurisdiction principle. The decision enables inquiries into two Syrians accused of war crimes arrested in France.

UN investigators gathering evidence against perpetrators of horrific crimes committed in Syria's seven-year war. AFP

The ruling was welcomed by rights groups who said it would also have a significant impact on dozens of other cases concerning a range of conflicts across the world.

"The court recognises the principle of universal jurisdiction for the French judiciary in two cases concerning Syria," the Court of Cassation said in a statement.

French cases

The ruling allows investigations to continue to continue in the cases against former Syrian soldier Abdulhamid Chaban, and Majdi Nema, a former spokesman for the Islamist group Jaysh al-Islam.

Chaban was charged with complicity in crimes against humanity, while Nema is accused of torture and war crimes

Chaban was arrested in France in 2019, while Nema was detained while on a studying trip to the southern city of Marseille.

Civil defense workers and residents search through the rubble of collapsed buildings in the town of Harem near the Turkish border, Idlib province, Syria, Monday, Feb. 6, 2023 AP - Ghaith Alsayed

Both deny the accusations.

 They both tried to argue that they should not have been charged with war crimes and crimes against humanity because these crimes do not exist on their country's statute books.

 Syria never ratified the Rome Statute, the founding treaty of the International Criminal Court that defines both crimes.

• France issues war crimes warrants for 3 Syrian officials

Jurisdiction

The court, however, ruled that it was not necessary that "the offences of crime against humanity or war crime be identically described by the laws of the foreign country" for the inquiries to continue  

Nine rights groups, including Human Rights Watch, Amnesty International and Reporters with Borders, welcomed the ruling in a joint statement.

 "These decisions allow victims - who have no recourse to justice in their own countries or at the International Criminal Court - to bring cases in France to allow it to play an important role in the fight against impunity," said Jeanne Sulzer, of Amnesty International France.

(newswires)