In May 2023, the Court of Cassation of France confirmed the universal jurisdiction of French justice to try foreign perpetrators of crimes against humanity and war crimes committed against foreign nationals outside French territory. This decision was taken after the Court was seized by two Syrians arrested in France for crimes against humanity and war crimes.
This decision is a victory for the French magistrates in charge of nearly 160 proceedings for crimes against humanity, which would have been threatened if France had been declared incompetent. Joining their voices to those of NGOs and human rights defenders, these magistrates called for a change in the law to allow French judges to legally prosecute the perpetrators of serious crimes internationally.
However, the decision of the Court of Cassation was decried by the lawyers of the two Syrians, who denounced a political decision without legal basis. They consider that this decision is above all linked to the pressure exerted by NGOs and human rights defenders, and that it could have unforeseen consequences in the future.
Despite these criticisms, the Court of Cassation’s decision remains an important step towards the fight against impunity for perpetrators of serious crimes committed abroad. France should therefore strengthen its policy on international justice, in particular by establishing closer judicial cooperation with international organizations such as the International Criminal Court.