Unveiling the Unprecedented: Syrian Generals on Trial for War Crimes After Devastating Barrel Bomb Attack

Omar Abou Nabout, a 27-year-old Syrian, is a man with a clear purpose. In Paris, amidst his busy schedule of meetings, he effortlessly communicates in both impeccable French and his native Arabic, showcasing his skills as a diplomat-in-training and legal campaigner.

Talking on the banks of the River Seine, he wore a smile despite the tumultuous journey that brought him here.

In August 2016, he, along with his mother and siblings, escaped to France, seeking refuge from the oppressive rule of President Bashar al-Assad during the ongoing civil uprising. However, his father, Salah Abou Nabout, a citizen of both France and Syria, chose to remain in their hometown of Daraa. Tragically, he lost his life in a barrel-bomb attack that same year.

After moving to France, Omar Abou Nabout has been relentlessly pursuing justice for his father's murder. Recently, his quest gained momentum when French investigative judges issued arrest warrants for four senior Syrian generals involved in his father's case. Despite the emotional toll it has taken on him, Abou Nabout remains determined to speak out and seek accountability. He believes that raising awareness and fighting for justice is not just his right, but also the right of his father and every Syrian affected by similar atrocities.

The Syrian regime has faced previous legal cases. In a groundbreaking trial last year, a German court sentenced a former Syrian army colonel to life imprisonment for participating in torture during the Assad regime.

However, this particular case represents a significant milestone as it is the first to target senior members of the Syrian government for their alleged involvement in war crimes during a military operation. Notably, it directly accuses four Syrian military officials, including two former defense ministers.

Arrest warrants have been issued for the first time in connection with the use of barrel bombs. These crude devices, constructed by filling oil drums, fuel tanks, or gas cylinders with explosives and shrapnel, were extensively utilized by the Syrian regime during the civil war. Especially alarming was their indiscriminate use in densely populated areas, which constituted a prohibited form of indiscriminate attack under international humanitarian law.

Smoke rises from buildings following a reported air strike on a rebel-held area in the southern Syrian city of Daraa, on June 7, 2017.

Mohamad Abazeed/AFP via Getty Images

The indictments stem from an extensive investigation conducted by French prosecutors with support from Abou Nabout and a non-governmental organization dedicated to human rights.

Abou Nabout's case originated in June 2017. His father, Salah, was politically engaged in his younger years and, despite Abou Nabout's assertion that he had abandoned politics by the time of the revolution, Salah was imprisoned for over two years during the initial stages of the Syrian uprising. When Abou Nabout's wife and children fled Syria in August 2016, Salah was unable to accompany them.

A three-story home in Daraa city was generously provided by him to be used as a temporary school by an education NGO. Despite its dilapidated condition, the walls were adorned with vibrant artwork and motivational slogans. A photograph captured one of the slogans, which read, "Great achievements require thoughtful thinking. Think wisely."

Daraa province in southern Syria was a battleground characterized by intense conflicts. In 2018, the Syrian government, supported by Russia and Iran, successfully recaptured the region from rebel forces, leaving behind a scene of utter devastation. A year prior, on June 7, during a government airstrike in the vicinity of Tareek al-Sad, Salah's building was struck. Fortunately, the children were not present in the building at the time of the incident. However, Salah, who was present during the blast, tragically lost his life.

Rubble is seen after reported strikes by the Assad regime in Daraa, Syria on June 7, 2017.

Regime helicopters dropped uncontrollable barrel bombs in Syria, resulting in devastating consequences. As of April 2021, an estimated 82,000 barrel bombs had been deployed, causing the death of over 11,000 individuals, according to the Syrian Network for Human Rights.

The Syrian government continuously claims that their airstrikes aim at "terrorists."

After seeking refuge in France, where his father possessed a passport, Omar Abou Nabout and his family initially faced challenges in comprehending the language and culture. However, Abou Nabout successfully completed his studies at the esteemed Sorbonne University and presently serves in the French Foreign Ministry, aspiring to become a diplomat.

Before, the only connection he had to his new country was his father. After his father's passing, Abou Nabout dedicated his efforts to seeking justice, with the French citizenship bestowed upon Salah granting France authority over the case.

"The previous six years were challenging since it was a new country," expressed Abou Nabout. "We had to initially adapt. I managed to adjust and primarily concentrated on the case, initially working independently."

Syrian lawyer and human rights defender Mazen Darwish poses for a photo in his Paris office.

Initially, Abou Nabout brought his case to French prosecutors. Subsequently, Mazen Darwish, a Syrian lawyer and the leader of the Syrian Center for Media and Freedom of Expression (SCM), an NGO that originated in Syria and is presently headquartered in Paris, took it up.

The group has gained recognition for its commitment to seeking justice against both the Assad regime and Islamist extremist organizations in Europe. As a result, Darwish has been named one of Time's most influential individuals in 2022. In the previous year, Darwish played a crucial role in a legal case that resulted in former Syrian army colonel Anwar Raslan being sentenced to life imprisonment in Germany for committing crimes against humanity.

Women cook in the mud at a camp for internally displaced persons in the rebel-held northwestern province of Idlib, Syria, on March 19.

Abdulaziz Ketaz/AFP/Getty Images

After facing the harsh realities of Syria's prison system, Darwish, along with his wife and other NGO staff, was arrested in February 2012. Accused of "promoting terrorist acts," he endured torture during his three and a half years of incarceration. Eventually, Darwish was released with the charges against him being dropped. However, this experience has left him and other Syrian refugees apprehensive about the rehabilitation efforts under Assad's regime, fearing the possibility of being forcibly returned to their war-torn homeland.

Darwish relocated to France in 2016 and relocated SCM's headquarters there. In 2020, both Darwish and SCM became involved in Omars case, providing assistance to French investigators.

However, constructing a case in a foreign country regarding a crime in another country, particularly one embroiled in a civil war, poses significant challenges. By the time the investigation commenced, Daraa had fallen under government control, thus impeding the access of French investigators. In order to overcome this obstacle, the SCM offered support as a civil party, utilizing its network to gather evidence in situations where French investigators faced limitations. This involved activities such as capturing photographic evidence, collecting samples, and conducting interviews with defectors, all in a meticulous 14-month process to establish a chain of command.

A picture released by the official Syrian news agency SANA shows then-newly-appointed Syrian Defense Minister Fahed al-Fraij in Damascus on July 2, 2012.

French investigative judges have taken a significant stride by indicting four esteemed generals, including two defense ministers, in a groundbreaking move. According to Darwish, this marks a historic moment as it is the first instance of the Syrian official army facing prosecution. The gravity of the situation escalates further as it involves the air force and their assault on educational institutions and other sanctuaries.

Listed among the indictments is Fahed Jassem al-Fraij, who held the position of the second-highest ranking military official right after Bashar al-Assad, and also served as the former defense minister. Additionally, we have Ali Abdullah Ayoub, formerly the chief of staff of the armed forces and subsequently appointed as the defense minister. Ayoub held the position of the third-highest ranking officer during the time of the attack.

Brigadier Ahmad Balloul, who commanded the Air Force at the time of the attack, and Brigadier Ali al-Safatli also both appear on the list.

Saudi Arabia's Crown Prince Mohammed bin Salman greets Syria's President Bashar al-Assad prior to the Arab League Summit in Jeddah, Saudi Arabia, on May 19, 2023.

Image credit: Bandar Algaloud/Saudi Royal Court via Reuters.

Bashar al-Assad, the Syrian president, is notably absent. According to Darwish, this absence is not due to lack of responsibility, but rather because local courts grant presidents immunity. Darwish added that Assad would need to be tried at the International Criminal Court (ICC) in the Netherlands. However, Syria is not a member of the court, so the case would require a referral from the UN Security Council. It is important to note that Russia, a supporter of Assad, holds veto power in the council.

The Syrian government has long faced accusations of committing war crimes, particularly targeting schools and hospitals. While it may deny targeting civilians, Abou Nabout considers the new indictments as a victory for himself and others in the fight against impunity.

With Arab states seemingly eager to reconcile with Assad, he emphasized the increasing significance of the matter. Abou Nabout, who witnessed the revolution firsthand, expressed his natural inclination to seek justice for his father and his involvement in the movement. Having witnessed the loss of friends and others, he could not bear to remain silent and wanted to avoid any future regrets stemming from missed opportunities.

Additional reporting from Eyad Kourdi