The UN has demanded that all those responsible for abuses under the “régime” of Bashar al-Assad in Syria are being held to account as part of a political transition process, and has called for protecting minorities. Emmanuel Daoud, lawyer at the Paris bar, specialist in international criminal law and registered on the list of lawyers at the International Criminal Court (ICC), was the guest of franceinfo on Tuesday December 10.
franceinfo: Can Bashar al-Assad be prosecuted for crimes against humanity?
Emmanuel Daoud, lawyer specializing in international criminal law: This hope exists, it is serious, it is tangible. Bashar al-Assad’s protection today lies in the protection that Vladimir Putin will grant him. Vladimir Putin, who is the subject of an international arrest warrant for crimes committed in Ukraine and in particular the deportation of Ukrainian children. Who would have thought, just two years ago, that the International Criminal Court would issue an international arrest warrant against Vladimir Putin, the current head of state of a Security Council member state?
Who would have thought that the International Criminal Court would validate two international arrest warrants against Benjamin Netanyahu and Yoav Gallant? Bashar al-Assad is no longer supported by anyone, apart from Vladimir Putin. I think that as soon as he leaves Russia, he will be arrested, arrested and will be brought before a court, in particular the International Criminal Court.
“I think he will be judged one day. And it’s not wishful thinking, it’s not a fad, it’s not an illusion, it’s very concrete, rational and I think that justice will be returned.”
Emmanuel Daoud, lawyerat franceinfo
This is necessary to fight against impunity and also to send a very strong message to all these despots, to these tyrants who massacre their civilian populations. One day or another, justice will pass and it will concern you and you will be condemned.
In the meantime, we need to gather evidence. Are investigators already on site? Could the numerous videos circulating on social networks be part of this evidence?
This work has already been completed. It has been documented. Obviously, these videos are evidence that can be accepted in criminal law. And then let’s not forget what we called “the photographic album” of Caesar, this officer who photographed the tortured bodies of thousands of people who were executed in al-Assad’s prisons. There are procedures in Germany and France which, from this photographic album and taking into account the verticality of Syrian power, go back to al-Assad.
So the evidence, the documents exist in the same way that the bombings using chlorine and using gases also exist. So the evidence exists. And finally, initiating proceedings against the person concerned on the basis of tangible material evidence is not so complicated as long as he will lose the protection of his Russian sponsor.
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