Facts
Jaysh al-Islam is a rebel armed group formed in 2013, opposed to the Syrian regime, and which has been operating mainly in Eastern Ghouta (the suburbs of Damascus, Syria). This group is suspected of being involved in numerous crimes, including the abduction, torture and enforced disappearance of human rights lawyers Razan Zaitouneh, Nazem al-Hammadi and Wael Hamada and of the political activist Samira al-Khalil.
Nema, also known under his wartime alias Islam Alloush, was a senior official and spokesperson for Jaysh al-Islam between 2013 and 2016. He was allegedly involved in the war crimes of recruitment of child soldiers, willful killings, willfully causing great suffering or serious injury to body or health, deliberate attacks against civilians and enforced disappearances.
Procedure
On 26 June 2019, the Syrian Center for Media and Freedom of Expression (SCM), the International Federation for Human Rights (FIDH) and its member organization in France, the Ligue des droits de l’Homme (LDH), filed a complaint against Nema for crimes committed by Jaysh al-Islam.
Following this complaint, Nema was arrested on 29 January 2020 in Marseille. He was charged while under investigation (mis en examen) for war crimes, torture, enforced disappearances and complicity in these crimes. The investigative judges performed several procedural acts, including hearings of victims, civil parties and witnesses.
In July 2020, Nema lodged an appeal against his indictment, claiming that the French courts lacked jurisdiction.
In April 2022, Paris Court of Appeal (Cour d’appel) stated that French courts do have jurisdiction over war crimes, torture and enforced disappearances committed by armed groups in Syria.
Nema appealed this decision before the Supreme Court (Cour de cassation).
On 17 March 2023, the Supreme Court held a hearing in plenary session on the Nema case, together with the Chaban case, to determine whether the principle of double criminality allowed French courts have jurisdiction over crimes against humanity, war crimes and crimes of torture committed in Syria, although those legal qualifications are not embedded in Syrian legislation.
On 12 May 2023, the Supreme Court concluded that, for French courts to prosecute international crimes under universal jurisdiction, it is sufficient for the foreign legislation of the country where the crimes were committed to punish the underlying acts of international crimes (such as murder or rape), even if these are not explicitly classified as war crimes. Doing so, the French Supreme Court definitively confirmed the French courts’ jurisdiction over war crimes committed in Syria, and over Nema’s case.
Regarding the legal requirement of the suspect’s habitual residence in France to allow prosecution under universal jurisdiction, the Court found that this criterion was subject to case-by-case factual evaluation of the lower courts, but specified a set of indicators for establishing a sufficient connection between France and the person prosecuted.
With regards to acts of torture perpetrated by non-state groups, the Supreme Court took note of the evolution of international law in this area and confirmed that such acts could indeed be attributed to persons acting for or on behalf of a non-state group when the group exercises quasi-governmental authority.
On 19 July 2023, the judges of the specialized unit for the prosecution of international crimes ordered that Nema be sent to trial before the Paris Criminal Court for complicity in the war crimes of recruitment of child soldiers, wlilful killings, willfully causing great suffering or serious injury to body or health and deliberate attacks against civilians, as well as complicity in enforced disappearances and participation in a group formed for the purpose of preparing war crimes. They excluded the charge of torture. The defense appealed this decision.
On 20 November 2023, the Court of Appeal dismissed the charges of complicity in the war crimes of wilflul killings, willfully causing great suffering or serious injury to body or health, deliberate attacks against civilians and complicity in enforced disappearances. It confirmed Nema’s referral of to the Criminal Court for complicity in the war crime of recruitment of child soldiers and participation in a group formed for the purpose of preparing war crimes. The civil parties appealed this decision before the Supreme Court.
On 14 February 2024, the Supreme Court confirmed the dismissal of the charges of complicity in the war crimes of willful killings, willfully causing great suffering or serious injury to body or health and deliberate attacks against civilians and complicity in enforced disappearances.
The trial of Majdi Nema began on 29 April 2025 before the Paris Criminal Court for complicity in the war crime of recruitment of child soldiers and for participating in a group formed to prepare war crimes.
On 28 May 2025, the Paris Criminal Court found Majdi Nema guilty of complicity in war crimes and participation in a group formed to prepare war crimes. He has been sentenced to ten years of imprisonment.