A controversial visit by Ahmed al-Sharaa, the current transitional president of the Arab Republic of Syria, to Germany has ignited a political firestorm, compounded by the General Prosecutor’s Office’s (GBA) decision to block any investigation into serious allegations against him. Al-Sharaa, who is scheduled to meet with President Frank-Walter Steinmeier and CDU leader Friedrich Merz, arrived in Germany on Tuesday amidst significant criticism and a formal criminal complaint alleging war crimes, crimes against humanity, genocide and involvement in terrorist organizations.
The GBA’s rationale, outlined in a letter to the Kurdish Community in Germany and reported by the Redaktionsnetzwerk Deutschland, cites al-Sharaa’s immunity as a sitting head of state as the primary impediment to any legal proceedings. According to the letter, German courts lack jurisdiction over al-Sharaa, even concerning preliminary police or prosecutorial investigations, irrespective of his presence within the country. This effectively shields him from accountability under German law.
The criminal complaint, filed by Mehmet Tanriverdi, deputy federal chairman of the Kurdish Community, casts a lengthy shadow over al-Sharaa’s past. Prior to the reported downfall of President Bashar al-Assad in December 2024 – a timeframe that demands further scrutiny considering the ongoing instability in Syria – al-Sharaa is alleged to have been the leader of Hayat Tahrir al-Sham (HTS), a recognized jihadist militia. The accusations link him to widespread atrocities, including government forces’ attacks on Alawite, Druze and Kurdish minorities.
The decision to grant al-Sharaa immunity and the subsequent meeting with high-ranking German officials, is generating considerable political backlash. Critics are questioning the appropriateness of an official welcome extended to an individual facing such grave accusations. The move has drawn comparisons to past instances of problematic diplomatic engagements, raising wider concerns about Germany’s approach to dealing with controversial figures from conflict zones.
Legal experts are scrutinizing the GBA’s interpretation of immunity, questioning whether the transitional nature of al-Sharaa’s presidency and the validity of his claimed authority adequately justify the sweeping protection afforded to him. The Kurdish Community has expressed outrage over the prosecutor’s decision, arguing it demonstrates a lack of regard for the victims of Syrian regime violence. The incident is likely to fuel further debate about the limits of diplomatic immunity and the responsibilities of nations in addressing allegations of international crimes.
The timing of Assad’s reported downfall also raises questions as to the accurate account of events leading up to Al-Sharaa’s visit. Further investigation to verify the sequence of events is necessary.