PARIS A French appeals court ruled on Friday that Libyan leader Muammar Qadhafi could be prosecuted in France for the bombing of a French DC-10 airliner over Niger in 1989 in which 170 people died, judicial sources said.
The court upheld an investigating magistrate's earlier ruling, rejecting an argument from state prosecutors that Qadhafi enjoyed immunity as a serving head of state.
The landmark ruling said immunity did not apply to terrorism and backed anti-terrorist investigating magistrate Jean-Louis Bruguiere, who wants to bring Qadhafi to trial for "complicity in murder in relation to a terrorist act".
"Terrorism is a serious crime that will not go unpunished, even when a head of state is involved," said Francoise Rudetsky, who heads the SOS-attacks group of victims of terrorist attacks.
"This is a great victory going beyond the DC-10 bombing and the Pinochet case," she said as quoted by Reuters.
French state prosecutors, in line with a British decision to hold former Chilean dictator Augusto Pinochet on human rights charges, had argued that a head of state's immunity could be lifted only in the case of crimes against humanity.
Britain eventually freed Pinochet on the grounds that he was unfit to be extradited to stand trial in Spain.
Qadhafi's lawyer Francois Gibault played down the ruling as a purely legal decision that did not imply his client was guilty.
The judicial sources said the state prosecutor was likely to appeal to the Supreme Court, the Cour de Cassation, against a ruling that embarrasses the Paris government just as it is improving relations with Tripoli.
French Foreign Ministry spokesman Francois Rivasseau declined to comment on the ruling and said the rapprochement between Paris and Tripoli was likely to continue.
Paris considered inviting Qadhafi to a summit of European and Mediterranean leaders in Marseille next month. The meeting has since been scaled down to foreign minister level, mostly because Middle East tensions would have made a summit difficult.
French Cooperation Minister Charles Josselin visited Tripoli last month to thank Qadhafi after Libya helped win the release of French hostages held by Muslim rebels on the Philippines Island of Jolo.
An AFP report also said Qadhafi could face trial in France for a fatal bomb attack on an airliner over Africa 11 years ago after a Paris court gave the go-ahead Friday for legal proceedings against him.
The appeals court rejected arguments that Qadhafi enjoys immunity as an acting head of state, and ruled in favor of a suit launched by families of victims demanding that he face charges for "complicity to murder." In March 1999 six Libyans, including Qadhafi's brother-in-law Abdallah Senoussi, allegedly the head of Libyan intelligence, were found guilty in absentia by a French court and given life sentences.
Under French law an investigation will now be launched under an examining magistrate which could lead to Qadhafi being called for trial.