France/Justice – In a landmark decision, the Supreme Court rejects the application of functional immunity in cases of international crimes
Paris, July 25, 2025- In a landmark decision handed down today, the French Supreme Court refused to grant immunity to Adib Mayaleh, former governor of the Syrian Central Bank, who was initially charged with complicity in crimes against humanity and war crimes. France’s highest court has thus confirmed that functional immunities do not apply in cases of international crimes.
“This decision is a major victory for the prosecution of international crimes, as it establishes that no agent of a foreign state, regardless of their position, can claim immunity when international crimes are involved ,“ said Mazen Darwish, lawyer and General Director of the Syrian Center for Media and Freedom of Expression. “White-collar crimes are no less dangerous than those committed by military personnel and armed groups.Establishing functional immunity for these agents would have amounted to guaranteeing impunity for these crimes.”
Following the arguments put forward by FIDH and SCM as civil parties, the Court found that international customary law had evolved with regard to functional immunities in favor of an exception for international crimes. The Court recognised a general exception to the principle of functional immunity for agents of a foreign State in cases of international crimes. It stated in its decision that “this evolution in international customary law, to which the Supreme Court intends to contribute, defines a new balance between immunities and the fight against impunity”.
With this decision, the Court has followed in the footsteps of the War Crimes Unit of the Paris Judicial Court, the Investigating Chamber of the Paris Court of Appeal, and the Paris Criminal Court, which had already recognized that functional immunities did not apply to international crimes.
“The French Supreme Court’s decision on functional immunities is the result of a long legal battle waged by our organizations to ensure that those suspected of international crimes can no longer hide behind their status as state agents to escape prosecution,” said Clémence Bectarte, lawyer and coordinator of FIDH’s Litigation Action Group. This decision will have positive repercussions on many cases in France but also around the world, as it contributes to the evolution of international customary law regarding immunities and the fight against impunity.
It is worth noting that the Syrian Center for Media and Freedom of Expression (SCM), in cooperation with the International Federation for Human Rights (FIDH), joined the case against Adib Mayaleh as a civil party on January 26, 2024.
Who is Adib Mayaleh?
Adib Mayaleh, a French-Syrian national and the former governor of the Syrian Central Bank, was indicted on December 20, 2022, for complicity in crimes against humanity and war crimes, laundering the proceeds of crimes against humanity and war crimes, and participating in a group or conspiracy formed to prepare crimes against humanity. He challenged the validity of his indictment on the grounds of the functional immunity he claimed to be entitled to.
He was placed under the status of assisted witness in May 2024.
