أعلن مكتب النيابة العامة الوطنية لمكافحة الإرهاب في فرنسا أنه طلب رسميًا إصدار مذكرة توقيف دولية جديدة بحق الإرهابي الفار بشار الأسد على خلفية اتهامه بشن الهجمات الكيميائية التي شهدتها سوريا عام 2013 وذلك بعد أن ألغت محكمة التمييز الفرنسية مذكرة سابقة كانت قد صدرت بحقه
سقوط الحصانة بعد الإطاحة بالأسد
أوضح المكتب في بيان رسمي أن الأسد لم يعد يتمتع بالحصانة الشخصية الممنوحة لرؤساء الدول بعد الإطاحة به في ديسمبر 2024 وفراره من سوريا، مما يفتح المجال لملاحقته قضائيًا بتهم جرائم حرب وجرائم ضد الإنسانية، من بينها الهجمات الكيميائية التي أودت بحياة مئات المدنيين
الهجمات الكيميائية في الغوطة ودوما
كان قاضيان فرنسيان قد أصدرا في نوفمبر 2023 مذكرة توقيف بحق الأسد بتهمة التواطؤ في ارتكاب جرائم ضد الإنسانية وجرائم حرب ،في ضوء مسؤوليته عن هجمات بغاز السارين استهدفت مناطق عدرا، دوما، والغوطة الشرقية في أغسطس 2013 والتي أوقعت أكثر من 1400 قتيل ومئات المصابين. وقد أيدت محكمة الاستئناف الفرنسية هذه المذكرة في يونيو 2024
قرار التمييز الفرنسي يؤكد رفع الحصانة عن الرؤساء السابقين
في قرارها الصادر مؤخرًا، شددت محكمة التمييز الفرنسية على أن الحصانة الشخصية تقتصر على فترة شغل المنصب الرئاسي فقط وأن الرؤساء السابقين لا يتمتعون بحماية قانونية أمام التهم المرتبطة بجرائم دولية جسيمة، وهو ما يشمل الأسد بعد سقوطه
قضية درعا تضيف ملفًا جديدًا للاتهامات
بالإضافة إلى قضية الهجمات الكيميائية كان القضاء الفرنسي قد أصدر في يناير 2025 مذكرة توقيف أخرى ضد الأسد تتعلق بقصفه لمناطق مدنية في محافظة درعا عام 2017 ما تسبب في سقوط ضحايا من المدنيين واعتُبرت جزءًا من سياسة ممنهجة لاستهداف المدنيين خلال الحرب في سوريا
غياب ولاية المحكمة الجنائية الدولية
رغم خطورة الجرائم المنسوبة إلى الأسد إلا أن المحكمة الجنائية الدولية لا تمتلك الولاية القضائية لملاحقته، نظرًا لعدم تصديق سوريا على اتفاقية روما المؤسسة للمحكمة وعدم صدور قرار من مجلس الأمن بإحالة الملف السوري إليها وهو ما يضع مسؤولية المحاسبة على عاتق القضاء الوطني في الدول التي تعتمد الولاية القضائية العالمية، كفرنسا
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