When Russia announced that it had granted former Syrian president Bashar Al-Assad asylum, it said this was for humanitarian reasons. There is a significant legal difference between humanitarian and political asylum. The latter is sought based on persecution or oppression which the asylum seeker faces. If granted, the host country is obliged to protect the asylum seeker and not extradite them regardless of judicial sentences against them or extradition treaties between the host country and the asylum seekers. 

Humanitarian asylum, by contrast, is granted to protect asylum seekers from imminent danger. Should they be convicted of crimes in absentia, the host country will be obliged to extradite them if asked to do so.  So, if Assad is prosecuted and convicted for crimes committed during his rule, Russia will be required to send him back, especially if the conviction is handed down by a credible international court. Exceptions might arise in the event of courts created by the groups that seized power in Damascus after his fall, as these are internationally designated as terrorists, themselves outside the law.

The leader of Hayat Tahrir Al-Sham (HTS), Mohamed Al-Julani, who is making all the right noises for the foreign powers that back him, from Turkey through Europe to the US, has called for the prosecution of everyone who perpetrated torture in Syria. Surely this applies to Julani himself, a lifelong member of internationally proscribed terrorist organisations, including Al-Qaeda and its offshoot, the HTS. He is personally responsible for the murder of civilians, the destruction of their homes, the bombing of mosques, and other crimes. He has been wanted for 17 years. Will any forthcoming Syrian government extradite him? Will Russia extradite Al-Assad in the event of indictments or rulings against him? 

Certain world powers are inclined to shrug off international laws and rulings when they do not suit their purposes. Washington’s disregard for the International Criminal Court’s arrest warrant for Netanyahu is a case in point. But then, everyone knows that what applies to the rest of the world does not apply to the US and Israel. I believe that in granting humanitarian asylum to Al-Assad, Russia has given itself the option to use him as a bargaining chip in any forthcoming political deals.

* A version of this article appears in print in the 19 December, 2024 edition of Al-Ahram Weekly