IRI criminals have been getting away with murder, rape and torture for too long. In the obvious absence of proper judicial vehicles to bring them to justice in Iran, we must look to other venues to hold them accountable for the crimes against humanity. The concept of Universal Jurisdiction is defined as:
“a principle in public international law (as opposed to private international law) whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish, as it is too serious to tolerate jurisdictional arbitrage.”
There are a few nations that accept this legal principle, and allow for prosecution of human rights violators under their judicial systems. Wikipedia lists those countries. They are France, Belguim, Spain, Canada, Israel, Germany, Australia and United Kingdom. Taking out of the list Israel, whose own apartheid and human rights violations need to be addressed in a court somewhere, and Australia and Canada, which seem to be limited to narrow circumstances, we can focus on a few other countries on this list. Belgium, once a favorite venue for these types of cases, has restricted the ability to file universal jurisdiction cases.
I personally believe that Spain and the UK are good options. Cases for crimes against humanity and genocide can be filed against various IRI officials, including Khamenei, Pourmohamadi, Ahmadinejad, Rafsanjani and many others. The allegations can go back to the 1980’s and mass executions, use of child soldiers in the Iran / Iraq war and torture. In the more recent incidents, allegations can be indiscriminate killing of protesters, political executions such the most recent ones of the five Kurdish activists, rape, illegal arrests of members of the Baha’i faith and illegal arrests and torture of political opponents.
As the Wikipedia article points out, while there is precedence for these types of prosecutions, some countries require the actual presence of the accused in their territory. But that could even be a trip by the target person to that jurisdiction. For that to take place, one must prepare the case and “stake out” the target’s travel plans. Who knows, they take the bait.
Frankly, I am surprised that Iranians have not taken advantage of universal jurisdiction laws to go after IRI criminals. We have many talented lawyers in our communities all across the world. Perhaps it is time to put a group together and go after these scumbags.
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MM
by Onlyiran on Mon May 17, 2010 09:43 AM PDTI agree with everything you say. And it is atrocious what has happened to Homayoun and others. That's why we need to litigate cases against IRI officials in jurisdictions where we can apply pressure and teeth, like the method that I suggest here.
BTW
by MM on Sun May 16, 2010 05:57 PM PDTany verdict from a country that participates in Interpol will initiate a "red notice" against these Iranian officials and they will not be able to get out of Iran without the fear of an arrest. It happened in the Argentina bombing case.
It is crazy that Iran just issued a similar red notice thru Interpol for Shahram Homayoun (the operator of the LA anti-IRI satellite TV) for terrorism charges, and now Shahram Homayoun cannot get out of US without fear of getting arrested and some of his bank accounts have been messed with. See,
//www.krsi.net/news/detail.asp?NewsID=6695
OnlyIran
by MM on Sun May 16, 2010 05:45 PM PDTI am not a lawyer, but my concern is to prevent these criminal officials from coming in and out of Iran with impunity. And then, we see that when they have plundered Iranian KHAZINEH, these criminals come out and get a cushy residence in Canada, Europe or elsewhere. On top of the list would be folks like Saeed Mortazavi who tortured and killed Zahra Kazemi and is still continuing in other high posts in Iran and probably takes several vacations abroad. Now, add on to the list.....
Once bound to Iran, and there is a regime change people will know what to do with them. Their other option is to go to China, N. Korea, Cuba, S. Lebonan or Ghaza which is probably a good punishment by itself for these criminals.
bencross is right
by boom shakalaka on Sun May 16, 2010 01:52 PM PDTbencross is right, "The issue is rescuing Iran from IRI. Vengeance is not primary issue." Maybe vengeance is not the right word here, call it universal justice. They shall get theres, to be 1000% sure, but first Iran must be freed from the claws of a 1000-headed snake. Once that happens and it most certainly will, and don't believe me, just weigh the balance of history, then "justice" shall take its necessary course.
Meanwhile, our ONE AND ONLY goal should be to set Iran free, period. No foreign jurisdiction -- none! -- will help us right now, the money pool is too large and the business too good -- that is the money flowing into the pockets of European mercantalists. But the day of reckoning is coming fast (and the filthy mullahs know this better than all of us), when even their mounds of money will become a liability.
Iran is a prisoner of IRI
Britain
by Veiled Prophet of Khorasan on Sun May 16, 2010 01:31 PM PDTis not a good option as it is culpible in the installation of IRI. Britain will use it as a lever to hurt Iranians. Belgium or Spain are better options.
However internatinal courts are a poor approach. While IRI remains in power international courts may be the only viable option. After IRI I say have it be an Iranian court. Let the victims of these pigs be their judges.
I just got news of the execution of a girl I once knew. She was 15 when murdered by the hand of Islamic justice. I almost threw up.
Damn Bazargan and Shariati the charlatans with their "Islame Vagehi". Marg bar anha ke goftand marg bar Shah.
MM
by Onlyiran on Sun May 16, 2010 12:25 PM PDTThanks for the link and the comment. While the tribunal that you posted about is a step in the right direction, the fundamdental problem is, at least at this time, that it has no particular jurisdiction or enforcement authority. IRI officials will therefore shrug it of. We need something with teeth, and I think that if warrants are issued by courts of a state, like Spain for example, they will have a tough time escaping it (if they can be apprehended). It will also be a huge international embarrassment and will further isolate them as criminals that they are.
I also don't think that litigation should be about money, at least not Iran's money or treasures. I think it should be more about bringing them to justice. Now, if part of their punishment is a financial fine, then it should come from their personal assets.
this is a good follow-up which should continue periodically
by MM on Sun May 16, 2010 09:36 AM PDTThis blog is a good follow-up to the blog Special Court To Be Established for Iranians Abroad - Why cannot we reciprocate? which I hope will continue as more news is published.
While I disagree on plundering Iranian treasures to be sold on ebay to pay for lawsuits (See the case of the Persepolis Tablets going to the US Supreme court), I agree that suits should be brought up against guilty Iranian officials who come and go with impunity. The last time I looked, hundreds of families/friends/groups of the victims of Iranian murders are bringing tribunals outside Iran, See, e.g.,
How History will judge us
Join the THE IRAN TRIBUNAL on Facebook - join the facebook efforts
benross
by Onlyiran on Sun May 16, 2010 08:55 AM PDTI hope so. I hope you're right!
I don't think that we will
by benross on Sun May 16, 2010 08:54 AM PDTI don't think that we will get a chance to bring these criminals to justice anytime soon.
Get ready for a big surprise!
benross, fooladi & AO
by Onlyiran on Sun May 16, 2010 08:45 AM PDTbenross & fooladi: I don't think that vengeance is the issue. the way I see it, I don't think that we will get a chance to bring these criminals to justice anytime soon. I hate to see them literally get away with murder. Anything is better than nothing. Even if we harass them and prevent them from enjoying life by traveling to Europe, etc., it will be worth it.
AO: the child soldiering issue is HUGE. I was on your blog, if you recall. And look who was jumping on you" "Bafava" and "Niloufar Parsi". Two serious PCB's (Palestine Chest Beaters). Need I say more?!!
Sorry everyone for not responding earlier
by Onlyiran on Sun May 16, 2010 08:40 AM PDTI was out of town.
DK and Maryam: Thank you for your comments and the links.
Farah Rusta: I agree with you to some extent. There is a reluctance on part of governments to allow interference by individual litigants in their foreign policy decisions, or foreign policy games, as would be more appropriate in IRI's case. Even in the U.S. when someone sues Iran on behalf of a victim in a suicide bombing in Israel, the U.S. government was trying to stop damages being collected at out Iran's frozen money in the U.S. because they didn't want interference in their foreign policy. But I still think that individuals can give it a shot. I also sense a lack of will power.
Great post
by Anonymous Observer on Sun May 16, 2010 08:23 AM PDTI wrote about the child soldering issue being a war crime in a recent blog. Not suprsingly, I was attacked by a couple of usual suspects who accused me of "dismissing thee child soldiers' sacrifices". As if a child is aware of the nature of committing suicide by walking on a mine, and can make an informed decision about it. Or as if talking about the war crimes takes away from the memory of its victims. It's kind of like saying don't talk about the victims of the ethnic cleansing in Yugoslavia because it will take away from their memory!!
I actually think that those who propagate child soldiering and glorify it should also be held accountable for war crimes. There is actually precedence for this. For example, after the genocide in Rwanda, radio station hosts who were inciting ethnic violence were sought after by the court for participation in genocide and crimes against humanity.
Also not surprisingly, the characters who jumped on me are the same ones who are itching for Iranians to become the standard bearers of an apocalyptic war to free Palestine. I guess they need the children for that endeavor.
Here's the blog:
//iranian.com/main/blog/anonymous-observer/who-anti-iran
I am with you
by Darveesh on Sat May 15, 2010 04:17 PM PDTlets go get them bast@rds, right now.
What next?
Not a question of
by fooladi on Sat May 15, 2010 02:12 PM PDTNot a question of vengeance, but carrying out Justice.
I don't personally believe in "international community" with their Hague style courts. They might be OK for Yugoslavia not Iran. The Animals ruling Iran should be treated with Standards they understand. After for the inevitable downfall of Islamic regime, in (thanks to mullahs themselves) a bloody uprising, the people's courts should be held. The murderes should be triedand if found guilty should be hanged, absolutely no mercy.
For the time being, let's focus on owerthrowing the regime in Iran
The issue is rescuing Iran
by benross on Sat May 15, 2010 12:15 PM PDTThe issue is rescuing Iran from IRI. Vengeance is not primary issue. Even in free Iran, many agents of IRI will not meet the criteria to be tried in the court of law. In free Iran, people will have their chance to ask justice. But with the exception of extreme cases, I doubt justice will be served flawlessly. It never does in major historic social turmoils.
Saving Iran is more important than vengeance anyway.
Am I surprised? No!
by Farah Rusta on Sat May 15, 2010 02:28 PM PDTUnlike you I am surprised the least. Not because there is any shortage of skilled lawyers, Iranian and non-Iranian, there is plenty of them around, but there are two other reasons.
First, there is no will power on the part of the Iranian diaspora to bring to justice the people who were behind all the injustices inflicted upon their homeland.
Second, the host country's authorities protect the criminal. The case of Pinochet when his visited Britain a decade ago was an example. Currently a number of both low key and high profile ex criminals are enjoying their retirement in Europe and Canada or are frequent travelers. Khatami's visit to US, UK and Italy and Attaollah Mohajerani residing in Britain (thanks to his BBC's celebrity appearances) are clear examples of such reluctance on both sides to launch criminal proceedings.
FR
Easier Said than Done ...
by Darius Kadivar on Sat May 15, 2010 03:59 AM PDTClothilde Reiss may leave Iran as French justice to pronounce on Bakhtiar's Assassin's Fate In 3 Days
FYI/Guy Bakhtiar arrives at Father's Funeral (August 7th,1991)
by Darius Kadivar on Sat May 15, 2010 03:58 AM PDTpictory: Guy Bakhtiar arrives at Father's Funeral (August 7th,1991)
Very Good Suggestion!
by Maryam Hojjat on Sat May 15, 2010 01:29 AM PDTto get IRI / IRR attention & whole world.