TEHRAN Iran remains steadfastly committed to bringing to justice those responsible for the assassination of Lieutenant General Qassem Soleimani, says the head of the Constitutional Council' s Research Institute.
Abbasali Kadkhodaei, a law expert who has also been appointed as the chief of the special committee for legal and international follow up on the assassination of General Soleimani, says the assassins of the legendary anti terror commander “will face justice in a fair and impartial court.”
In an interview with the Tehran Times, Kadkhodaei says General Soleimani was a “selfless soldier” who dedicated his life to protecting the lives of Iranian civilians and the people of the world in general from the savagery of the terrorist groups, particularly Daesh (ISIS/ISIL).
As a hero whose legacy will never be forgotten, the commander “rescued countless innocent lives, including women and children, from the clutches of death, captivity, and enslavement” by the Daesh terrorist group, Kadkhodaei notes.
The general faced immense challenges but he ultimately succeeded in defeating Daesh and other dangerous terrorist groups in the region.
Following is the full text of the interview:
Q: What steps have been taken to bring the perpetrators of General Soleimani's assassination to justice?
A: The name and the memory of this high ranking martyr will always remain eternal in the hearts of the people of Iran and all the free people of the world at national and international levels.
The special committee for legal and international follow up of the assassination of Hajj Qassem Soleimani has been diligently pursuing legal action both domestically and internationally. In the domestic realm, the judicial branch has issued an indictment for the defendants, and the trial proceedings are expected to commence shortly after the completion of preliminary formalities.
On the international stage, the Ministry of Foreign Affairs has been actively engaged in the case for months, preparing Iran's lawsuit against the United States government at the International Court of Justice (ICJ) under the provisions of the 1973 Convention on Internationally Protected Persons. Once Iran files its petition, the ICJ will officially begin the proceedings.
Q: What international mechanisms can be used to bring those responsible for the assassination to book?
A: One of the key international obligations the United States government has undertaken by ratifying the 1973 Convention is to safeguard internationally protected persons from harm. However, the U.S. government blatantly violated this commitment when it assassinated General Soleimani, a high ranking Iranian official under international protection.
The 1973 Convention also mandates that member states either prosecute or extradite individuals accused of assassinating internationally protected persons. Articles 6 and 7 of the convention specifically require governments to surrender suspects to the country where the accused is performing their duties, and if not, to initiate legal proceedings.
Despite these clear obligations, the United States has failed to honor its commitments. The 1973 Convention, with its emphasis on articles 7 and 8, serves as the cornerstone for the extradition and prosecution of those involved in General Soleimani's assassination. However, the U.S. government has blatantly disregarded these obligations, demonstrating a pattern of broken promises.
While the international system's mechanisms provide limited tools for seeking justice in such instances, the special committee tasked to pursue the General Soleimani case has thoroughly reviewed all available international arrangements. We are committed to taking appropriate action that upholds the dignity of the martyrs and the Iranian people.
Q: How would the establishment of an international court between Iran and Iraq facilitate the prosecution of the perpetrators of General Soleimani's assassination?
A: First and foremost, it is the responsibility of governments to bring to justice individuals accused of violating international criminal law. Domestic courts in the country where the crime occurred or the victim's country of origin generally preside over such cases. These courts are considered the most appropriate ways for investigation and accountability, adhering to the principle of supplemental jurisdiction.
The proposed establishment of a joint international court between Iran and Iraq stems from the potential to maximize international involvement in the prosecution of General Soleimani's assassinators and bolster the legal capacity of the respective nations to address this crime.
A significant impact of the International Court of Iran and Iraq would be the implementation of fair trials for those responsible for the assassination, utilizing international elements to the fullest extent.
However, it is crucial to acknowledge that the establishment of this court hinges upon the political will of the parties involved. By incorporating effective international elements and interventions, the relevant court, acting on behalf of the international community's interests, can safeguard the rights of Iran and Iraq and ensure that the crime does not go unpunished.
Q: How do you assess the Iraqi government's cooperation with Iran in pursuing the case of General Soleimani's assassination?
A: The Iraqi government, the country where the crime occurred, has been relatively cooperative with the Islamic Republic of Iran in the pursuit of justice for Martyr Soleimani. Currently, a criminal case has been filed against Donald Trump under the charge of terrorist act in the Iraqi judicial system, once the case concludes, a red notice will be issued to him by the international police.
Furthermore, four joint judicial investigation committees have been convened between Iran and Iraq, facilitating the exchange of crucial documents and judicial correspondence. These meetings will undoubtedly aid in advancing the case at both domestic and international levels.
Q: The U.S. has a reputation for acting with impunity and disregarding international norms. In light of this fact, what do you expect to be the outcome of legal action against the U.S. for the assassination?
A: The U.S.'s disregard for international law is indeed evident in the case of General Soleimani's assassination, which is ongoing in the international arena. The U.S.'s blatant violation of international conventions and customary laws is undeniable. Despite Iran's repeated requests through diplomatic channels and in accordance with the 1973 Convention, the U.S. has failed to respond or acknowledge its responsibility for this heinous act.
Iran has pursued a multifaceted legal and political strategy in its international efforts to bring those responsible for General Soleimani's assassination to justice. However, the U.S. has consistently evaded its obligations and demonstrated a blatant disregard for international norms.
Our only hope now lies in the International Court of Justice (ICJ), which can hold the U.S. accountable for its unilateral actions and bring the truth to light.
Despite the U.S.'s attempts to distort the narrative and block justice, there are credible international documents that support Iran's position. The 2020 report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, presented at the 44th session of the Human Rights Council, explicitly states that the assassination of General Soleimani was a first of its kind attack against a high ranking official of a foreign government in the territory of another country, and it constituted an unjustifiable crime by the U.S. without any legal grounds.
The endorsement of this report by the Human Rights Council lends it significant credibility, and serves as a testament to the U.S.'s wrongful act and its international responsibility. Iran has every right to bring its case to the UN General Assembly to expose the U.S.'s crimes and seek justice for General Soleimani.
Q: What international hurdles have hindered the pursuit of justice?
A: In the international arena, the lack of a government's consent often impedes legal proceedings against individuals involved in such crimes. This limitation underscores the underdeveloped structure of the international community and its shortcomings in upholding justice.
Furthermore, the U.S.'s substantial influence on international bodies and its propensity to exert pressure and intimidation have presented obstacles in addressing this case through established international bodies. However, the unwavering determination of the Islamic Republic of Iran to overcome the U.S.'s influence and pursue justice has enabled the country to overcome many of these inhibiting factors and advance the case to its current stage.
Despite these obstacles, the Islamic Republic of Iran has utilized its limited tools to their fullest extent, demonstrating a steadfast commitment to bringing those responsible for General Soleimani's assassination to justice.
Q: How much are you confident that the assassin of General Soleimani and his associate will face justice?
A: Without a doubt, the unjust killing of Martyr Soleimani and his companions will not be in vain. It will serve as a catalyst for a positive change in the world. The perpetrators of this heinous crime will face justice in a fair and impartial court. There is no escape for them.
It is important to remember that the efforts being made to achieve justice for Martyr Soleimani are like a drop of water in a vast ocean compared to the sacrifices made by this selfless soldier. He dedicated his life and family to protecting his country's children and the security of people worldwide.
Throughout his illustrious career, spanning over four decades, Martyr Soleimani unwaveringly supported the defenseless people of the region, regardless of their faith or beliefs. He tirelessly safeguarded the well being of humanity.
In his relentless struggle against injustice, this high ranking martyr rescued countless innocent lives, including women and children, from the clutches of death, captivity, and enslavement. He faced immense challenges and resisted, ultimately defeating Daesh and other dangerous terrorist groups from the world.
The United States' brutal act of assassinating Soleimani will forever be etched in the minds of the Iranian people, those in the region, and all freedom loving individuals around the globe. His legacy will never be forgotten.
The task of bringing those responsible for this terrorist crime to justice is a solemn duty we carry out with unwavering commitment. We will not rest until justice is served and the righteousness of this noble martyr is resoundingly affirmed throughout the world.
