By: Dr. Adnan Bozan

With the occurrence of a political coup in Damascus, a new authority has taken control after a theatrical farce involving the escape of the criminal Bashar al-Assad and the assumption of power by Ahmad al-Shar’a (known as Abu Mohammad al-Jolani, classified as a terrorist) under the cover of darkness, with support from certain regional powers. This shift raises numerous legal and political questions, foremost among them being the fate of the criminal Bashar al-Assad, especially after his asylum in Russia.

The new authority’s demand for Assad’s extradition opens a broad legal debate on the feasibility of such an action under international law and treaties related to refugee protection, as well as the issue of former presidents' immunity and mechanisms for extraditing individuals wanted under international criminal law. These matters place the international legal system under a real test between the principles of justice and the political interests of the involved states, making this case one of the most pressing challenges in Syria’s new political landscape.

1. Presidential Immunity and Its Revocation

Heads of state enjoy immunity while in office under customary international law and international conventions. However, once they leave power, this immunity becomes subject to challenge, particularly when linked to serious international crimes such as war crimes and crimes against humanity. The International Criminal Court (ICC) has established in past cases, such as that of Omar al-Bashir, that immunity does not prevent prosecution for international crimes.

2. Political Asylum and International Protection

Since Assad has been granted asylum in Russia, international law—particularly the 1951 Refugee Convention—prohibits the extradition of refugees to countries where they may face persecution. However, Article 1F of the same convention excludes from refugee protection any person involved in crimes against peace, war crimes, and crimes against humanity—charges that could potentially be leveled against Assad.

3. Extradition Treaties and Legal Mechanisms

There is no binding extradition treaty between Russia and Syria. However, under United Nations treaties such as the 1984 Convention Against Torture, individuals accused of serious crimes may be extradited even in the absence of a bilateral agreement, provided that fair trials are ensured and the accused is not subjected to torture or execution.

4. Russia’s International Responsibility

If Russia refuses to extradite Assad, it could be accused of violating its international obligations, especially if an ICC arrest warrant is issued against him. Although Russia is not a party to the Rome Statute, the UN Security Council could, under Chapter VII of the UN Charter, compel Moscow to cooperate, as has happened in previous cases.

5. The Role of International and National Courts

The new Syrian authority could pursue legal action through:

• The International Criminal Court (ICC): If the case is referred by the UN Security Council.

• The Principle of Universal Jurisdiction: Which allows other states to prosecute Assad even without his extradition.

• National Courts: Where the new Syrian government could try him in absentia and issue an international arrest warrant.

6. The Political Dimension of Extradition

Since the new authority in Damascus is listed among terrorist organizations, lacks a permanent constitution, and does not have an independent judiciary ensuring fair trials, Abu Mohammad al-Jolani’s demand for Russia to extradite Bashar al-Assad appears to be a mere publicity stunt with no legal weight. It seems to be an attempt to convince the Syrian people that he is seeking justice, while in reality, any potential extradition would be subject to a political agreement between Moscow and Damascus rather than international legal obligations. Therefore, any talk of Assad’s trial in Syria would be dictated by political bargaining rather than international justice standards.

Conclusion

From a legal perspective, there is no absolute barrier preventing Bashar al-Assad’s extradition to the new Syrian authority, provided that a strong legal framework exists—whether through extradition agreements, an ICC ruling, or diplomatic and political pressure on Russia. However, in the end, political and diplomatic factors will determine the final outcome of this case.

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