The decision by the French judiciary to initiate a judicial investigation into the murder of Saudi journalist Jamal Khashoggi goes beyond a mere legal procedure. Now, eight years after a regime critic was killed at the Saudi consulate in Istanbul, one of the most significant recent political crime cases is gaining new momentum in Europe. The fact that an investigative judge in Paris plans to examine accountability up to the highest levels of the Saudi power structure adds a new political and diplomatic dimension to the case.
This move came at a time when Saudi Arabia is increasingly being rehabilitated on the international stage. Crown Prince Mohammed bin Salman, long isolated due to the Khashoggi case, is once again treated as a central geopolitical actor in energy policy, regional security issues, and multi-billion-dollar investment projects. It is precisely against this background that France’s decision holds considerable symbolic significance.
The Murder That Shook the World
Jamal Khashoggi was considered a loyal insider of the Saudi regime for years. With the rise of Mohammed bin Salman, he gradually transformed into a journalist critical of the authoritarian system. In columns published in The Washington Post, he warned about repression of dissenters, the weakening of internal power centers, and the concentration of power control around the crown prince.
On October 2, 2018, Khashoggi entered the Saudi consulate in Istanbul to receive documents necessary for preparing his engagement ceremony. He never left that building again. Turkish investigators later concluded that a special unit dispatched from Saudi Arabia killed him inside the consulate, mutilated his body, and concealed it. To date, his body has not been found.
The brutality of this crime sparked outrage worldwide. The issue of political responsibility was particularly sensitive. In 2021, US intelligence agencies assessed that the operation was “approved” at the highest levels. Saudi Arabia denied the direct involvement of the Crown Prince but acknowledged that Saudi intelligence agents were involved.
Role of the French Judiciary
This French action was prompted by several criminal complaints filed since 2022 by human rights organizations. The complainants include Reporters Without Borders (Reporters sans frontières, RSF), Trial International, and Democracy for the Arab World Now, which Khashoggi himself helped to found during his lifetime.
The plaintiffs base their case on the principle of universal jurisdiction. This principle allows national courts to prosecute serious international crimes regardless of nationality or location of the crime under certain conditions. In France, this especially applies to torture, enforced disappearance, and crimes against humanity.
The legal basis used by the judges of the Paris Court of Appeal is particularly noteworthy. The judges ruled that the murder could not be ruled out as part of a systematic repression policy against Saudi opposition forces. This potentially opens the way to classify it as a crime against humanity, carrying significant political implications.
The difficult issue of immunity
It is uncertain whether the trial will actually take place. The legal barriers are very high. The core issue is the immunity of high-ranking officials. Mohammed bin Salman is effectively the most powerful figure in Saudi Arabia and the de facto head of government. International courts and national judiciaries have traditionally struggled to criminally prosecute sitting state leaders.
In 2022, the U.S. government declared that Mohammed bin Salman holds immunity as a head of government in U.S. courts. At the time, President Joe Biden received international criticism because during the election period he had pledged to make Saudi a “pariah” over the Khashoggi case.
France is also likely to face considerable diplomatic pressure. Paris maintains close economic and strategic ties with Saudi Arabia. The two countries cooperate on energy, investment, and security issues in the Middle East. French defense companies have also been among Saudi’s main suppliers for years.
Balancing European values and interests
This case once again reveals the structural dilemma faced by Western democratic countries: the clash between human rights investigations and geopolitical interests. After the Khashoggi murder, many Western governments initially voiced strong criticism. Companies boycotted investor conferences held in Riyadh, and politicians publicly refrained from contacting the Saudi Crown Prince.
However, this atmosphere did not last long. With the global energy crisis following Russia’s invasion of Ukraine, Saudi Arabia regained importance as a strategic partner. Additionally, Riyadh’s pivotal role in regional conflicts, international investments, and technological projects also played a part.
The international reintegration of Mohammed bin Salman happened very quickly. Heads of state and government leaders officially welcomed him again, and economic delegations visited Riyadh. Countries that were previously critical also strengthened cooperation. Human rights organizations criticize Western governments for prioritizing economic interests over the principles of the rule of law.
In this context, France’s recent decision carries considerable weight. At the very least, it signals that some aspects of Western rule of law still seek to legally establish the political accountability of authoritarian regimes and shows that such efforts continue even if diplomatically uncomfortable.
A Precedent with Limitations
The practical effect may be limited. Even if French investigators secure evidence proving guilt, actually prosecuting or punishing the Saudi Crown Prince is very difficult from political and legal perspectives. This procedure is likely to hold mainly symbolic significance.
However, symbolism plays an important role in international law. The Pinochet case in the late 1990s showed that national courts could at least temporarily shake the international power structure based on universal jurisdiction. At that time, legally punishing a former head of state in a foreign country was almost unimaginable.
In the Khashoggi case, the French investigation can especially contribute politically to maintaining the memory of this crime. The greatest danger to dictatorial regimes is often not immediate convictions but the ongoing loss of legitimacy in the international community.
Therefore, the Paris decision is more likely a political boundary-setting than a legal breakthrough. Geopolitical power and economic interests also remind us that the issue of individual responsibility cannot be completely covered up. This message is particularly important in an era when authoritarian states are expanding their influence worldwide.