Friday, March 23, 2012

Radio KPFK Interview Soraya Fallah on Mothers of Laleh in Iran


http://www.youtube.com/watch?v=hwJJlY6jeo0












THURSDAY، MARCH 22، 2012


http://archive.kpfk.org/mp3/kpfk_120321_143030rintifada.MP3

RADIO INTIFADA
Intifada=shaking off - oppression/silence
Voices from Kolkata to Casablanca
Voices of Struggle, Voices for Change
Month Of International Women’s Program
Iran's Mourning Mothers
With Soraya Falah
Wednesday, March 21, 2012, 2:30-3:00pm
KPFK/Pacifica Radio 90.7 fm, Los Angeles
Streaming at http://kpfk.org and available on audio archive for 90 days

The Mourning Mothers of LALEH

A report on an Iranian women's movement called the Mourning Mothers these Mothers whose sons or daughters were killed or jailed by the Iranian regime during and after the protests against the disputed Presidential elections of 2009 have formed a group that has been gathering in Parks around the world as well as Iran demanding justice and a stop to the continued violence, arrests, death and disappearances of their children. The Iranian regime continues to brutally attack the protesters and imprison them.

Guest: Soraya Falah Women's and Human Rights activist


http://en.wikipedia.org/wiki/Mourning_Mothers


Produced and Hosted by Nyma Ardalan
of the
SWANA Collective, KPFK/Pacifica
(South and West Asia and North Africa)

Tuesday, February 07, 2012

Kurdish Community of Southern California participated in Chinese Vietnamese's festival

On Feb 5th 2012 Kurdish community of Southern California participated in Chinese-Vietnamese's new year festival.the program held at Whittier Narrows Park in Los Angeles.
Delegation was included of women and men who are acitive in the community to introduce culture, cloth, dance,and food. The group's name is :Kurdistan's Dance group and during year participates in many festivals such as:Mehregan Festival,Global village, and many more.the following are members of the group.

http://www.latetfest.net/







Program LA Tet Festival 2012

LA Tet Festival
February 04 & 05, 2012
at Whittier Narrows Park
(Rosemead Blvd. & Freeway 60, South El Monte)
(714) 270-4515
Fax: (714) 539-1267
Read more..

Saturday, January 21, 2012

Republic of Kurdistan






The Republic of Mahabad (Kurdish: Komarî Mehabad/کۆماری مەھاباد, Persian: جمهوری مهاباد ), officially known as Republic of Kurdistan and established in Iranian Kurdistan, was a short-lived, Kurdish government that sought Kurdish autonomy within the limits of the Iranian state.[1] The capital was the city of Mahabad in northwestern Iran. The state itself encompassed a small territory, including Mahabad and the market towns of Piranshahr, Sardasht, Bukan, Naqada and Ushnaviya.[2] The republic's founding and demise was a part of the Iran crisis during the opening stages of the Cold War.

Contents

[hide]

[edit] Background

Iran was invaded by the Allies in late August 1941, with the Soviets controlling the north. In the absence of a central government, the Soviets attempted to attach northwestern Iran to the Soviet Union, and promoted Kurdish nationalism. From these factors resulted a Kurdish manifesto that above all sought autonomy and self-government for the Kurdish people in Iran within the limits of the Iranian state.[1]

In the town of Mahabad, inhabited mostly by Kurds, a committee of middle-class people supported by tribal chiefs, took over the local administration. A political party called the Society for the Revival of Kurdistan (Komeley Jiyanewey Kurdistan or JK) was formed. Qazi Muhammad, head of a family of religious jurists, was elected as chairman of the party. Although the republic was not formally declared until December 1945, Qazi's committee administered the area with commendable efficiency and success for over five years until the fall of the republic.[3]

[edit] Soviet attitude

The Soviets were generally ambivalent towards the Kurdish administration. They did not maintain a garrison near Mahabad and also did not have any civil agent of sufficient standing to exercise any great influence. They encouraged Qazi's administration by practical benevolent operations such as providing motor transport, keeping out the Iranian army, and buying the whole of the tobacco crop. On the other hand, the Soviets initially did not like Kurdish administration's refusal to be absorbed into the larger Democratic Republic of (Persian) Azerbaijan, and discouraged the formation of an independent Kurdish state.[3] The Soviets allowed for safe passage of Mustafa Barzani and his followers into the Soviet Union following the fall of Mahabad.

[edit] Foundation

In September 1945, Qazi Muhammad and other Kurdish leaders visited Tabriz to seek the backing of a Soviet consul to found a new republic, and were then redirected to Baku, Azerbaijan SSR. There, they learned that the Democratic Party of Azerbaijan was planning to take control of Iranian Azerbaijan. On December 10, the Democratic Party took control of East Azerbaijan Province from Iranian government forces, forming the Azerbaijan People's Government. Qazi Muhammad decided to do likewise, and on December 15, the Kurdish People's Government was founded in Mahabad. On January 22, 1946, Qazi Muhammad announced the formation of the Republic of Mahabad. Some of the aims mentioned in the manifesto include:[2]

  1. Autonomy for the Iranian Kurds within the Iranian state.
  2. The use of Kurdish as the medium of education and administration.
  3. The election of a provincial council for Kurdistan to supervise state and social matters.
  4. All state officials to be of local origin.
  5. Unity and fraternity with the Azerbaijani people.
  6. The establishment of a single law for both peasants and notables.

[edit] End

On March 26, 1946, due to pressure from Western powers including the United States, the Soviets promised the Iranian government that they would pull out of northwestern Iran. In June, Iran reasserted its control over Iranian Azerbaijan. This move isolated the Republic of Mahabad, eventually leading to its destruction.

The Republic of Mahabad depended on Soviet support. Archibald Bulloch Roosevelt, Jr., grandson of the former U.S. President Theodore Roosevelt, wrote in "The Kurdish Republic of Mahabad" that a main problem of the People's Republic of Mahabad was that the Kurds needed the assistance of the USSR; only with the Red Army did they have a chance. However, this close relationship to the USSR alienated the republic from most Western powers, causing them to side with Iran. Qazi Muhammad did not deny that his republic was funded and supplied by the Soviets, but did deny that the Kurdish Democratic Party (KDP) was a communist party. He claimed that this was a lie fabricated by the Iranian military authorities, and added that his ideals were very different from the Soviets'.[4]

Qazi Muhammad's internal support eventually declined, especially among the Kurdish tribes who had supported him initially. Their crops and supplies were dwindling, and their way of life was becoming hard as a result of the isolation. Economic aid and military assistance from the Soviet Union was now gone, and the tribes saw no reason to support Qazi Muhammad. Many tribes began to leave. The townspeople and the tribes had a large divide between them, and their alliance for Mahabad was crumbling. As previously stated, the tribes and their leaders had only supported Qazi Muhammad for his economic and military aid from the Soviet Union. Once that was gone, many did not see the purpose in staying with Qazi Muhammad. Other tribes resented the Barzanis, since they did not like sharing their already dwindling resources with them. Some Kurds deserted Mahabad, including one of Mahabad's own marshals, Amir Khan. Mahabad was economically bankrupt, and it would have been nearly impossible for Mahabad to have been economically sound without harmony with Iran[5]

Those who stayed began to resent the Barzani Kurds, as they had to share their resources with them.

On December 5, 1946, the war council told Qazi Muhammad that they would fight and resist the Iranian army if they tried to enter the region. The lack of Kurdish tribal support however made Qazi Muhammad only see a massacre upon the Kurdish civilians performed by the Iranian army rather than Kurdish rebellion. This forced him to avoid war at all cost, even if it meant sacrificing himself for his people, which eventually happened and lead to his execution.

On December 15, 1946, Iranian forces entered and secured Mahabad. Once there, they closed down the Kurdish printing press, banned the teaching of Kurdish language, and burned all Kurdish books that they could find. Finally, on March 31, 1947, Qazi Muhammad was hanged in Mahabad on counts of treason.[6]

[edit] Aftermath

Mustafa Barzani, with his soldiers from Iraqi Kurdistan, had formed the backbone of the Republic's forces. After the fall of the republic, most of the soldiers and four officers from the Iraqi army decided to return to Iraq. The officers were condemned to death upon returning to Iraq and are today honored along with Qazi as heroes martyred for Kurdistan. Several hundred of the soldiers chose to stay with Barzani. They defeated all efforts of the Iranian army to intercept them in a five-week march and made their way to Soviet Azerbaijan.[3]

In October 1958, Mustafa Barzani returned to Northern Iraq, beginning a series of struggles to fight for an autonomous Kurdish region under the KDP, carrying the same flag that was used in Mahabad.

Massoud Barzani, the President of Iraqi Kurdistan as of 2012, is the son of Mustafa Barzani. He was born in Mahabad when his father was chief of the military of the Mahabad forces in Iranian Kurdistan.

[edit] See also

[edit] Notes

  1. ^ a b Allain, Jean (2004). International Law in the Middle East: Closer to Power than Justice. Ashgate Publishing Ltd. pp. 27–28.
  2. ^ a b McDowall, David (2004). ["http://books.google.com/books?id=1tarN6gfxX8C&dq=%22on+22+January+1946%22&lr=&as_brr=3&source=gbs_navlinks_s" A modern history of the Kurds]. "I.B. Tauris". pp. 244–245. ISBN 1850434166.
  3. ^ a b c C. J. Edmonds, Kurdish Nationalism, Journal of Contemporary History, pp.87-107, 1971, p.96
  4. ^ Meiselas, Susan (1997). Kurdistan In the Shadow of History. Random House. pp. 182. ISBN 0-679-42389-3.
  5. ^ McDowall, David, A Modern History of the Kurds, I. B. Tauris, 1996 (Current revision at May 14, 2004). ISBN 1-86064-185-7. pp.244-245
  6. ^ McDowall, 2004. pp.243-246

[edit] References

  • "The Republic of Kurdistan: Fifty Years Later," International Journal of Kurdish Studies, 11, no. 1 & 2, (1997).
  • The Kurdish Republic of 1946, William Eagleton, Jr. (London: Oxford University Press, 1963)
  • Moradi Golmorad: Ein Jahr autonome Regierung in Kurdistan, die Mahabad-Republik 1946 - 1947 in: Geschichte der kurdischen Aufstandsbewegungen von der arabisch-islamischen Invasion bis zur Mahabad-Republik, Bremen 1992, ISBN 3-929089-00-9 (German)
  • M. Khoubrouy-Pak: Une république éphémère au Kurdistan, Paris u.a. 2002, ISBN 2-7475-2803-0 (French)
  • Archie Roosevelt, Jr., "The Kurdish Republic of Mahabad", Middle East Journal, no. 1 (July 1947), pp. 247–69.
  • William Linn Westermann, "Kurdish Independence and Russian Expansion", Foreign Affairs, Vol. 24, 1945–1946, pp. 675–686
  • Kurdish Republic of Mahabad, Encyclopedia of the Orient. [1]
  • The Kurds: People without a country, Encyclopædia Britannica [2]
  • Meiselas, Susan Kurdistan In the Shadow of History, Random House, 1997. ISBN 0-679-42389-3
  • McDowall, David A Modern History of the Kurds, I. B. Tauris, 1996 (Current revision at May 14, 2004). ISBN 1-86064-185-7
  • Yassin, Burhaneddin A., "A History of the Republic of Kurdistan", The International Journal of Kurdish Studies, 11, nos. 1-2 (1997): 115-240.
  • Yassin, Burhaneddin A., Vision or Reality: The Kurds in the Policy of the Great Powers, 1941-1947, Lund University Press, Lund/Sweden, 1995. ISSN 0519-9700, ISBN 91-7966-315-X Lund University Press. ou ISBN 0-86238-389-7 Chartwell-Bratt Ltd.
  • Масуд Барзани. Мустафа Барзани и курдское освободительное движение. Пер. А. Ш. Хаурами, СПб, Наука, 2005. (Russian)
  • М. С. Лазарев. Курдистан и курдский вопрос (1923—1945). М., Издательская фирма «Восточная литература» РАН, 2005. (Russian)
  • Жигалина О. И. Национальное движение курдов в Иране (1918—1947). М., «Наука», 1988. (Russian)
  • История Курдистана. Под ред. М. С. Лазарева, Ш. Х. Мгои. М., 1999. (Russian)
  • Муртаза Зарбахт. От Иракского Курдистана до другого берега реки Аракс. Пер. с курдск. А. Ш. Хаурами. М.-СПб, 2003. (Russian)

[edit] External links

Thursday, December 29, 2011

Happy NewYear

Wishing you a Happy Holiday, New Year,Christmas, Hanuka ...
پیشاپیش سال نو میلادی 2012 بر شما مبارک باد
سه ر سالی تازه ی زایینی پیروز بیت
هه مو کاتیکتان شاد
به هیوای ئه وین و یه کسانی و عه دل و مروفایه تی
برایتان عشق و عدالت و برابری آرزو می کنیم

Wishing peace,Love,Justice, and Equality

for all of Humanity

Sunday, November 20, 2011

VOK Radio Interview with Dr.Elise Auerback

VOK Radio Interview with Dr.Elise Auerback, Iran Country Specialist, At Amnesty International USA during Amnesty International annual Regional Conference in LosAngeles ,California, November 2011



مصاحبه با خانم دكتر اليس آوربك، متخصص در امور ايران سازمان
عفو بين الملل در خصوص گزارش مقدماتى آقاى احمد شهيد در مورد نقض حقوق بشر در ايران، انتقاداتى كه به اين گزارش وارد است و همچنين نظر سازمان عفو بين الملل در مواردى از نقض حقوق بشر كه بايد در اين گزارش آورده شود.( به زبان انگليسى)وتو ويژ له گه ل خاتو ئه ليس ئاوربك، به رپرسى به شى وه لاتى ئيران له ريكخراوى لي بوردنى نيو نه ته وي دا سه بارت به ريپورتى ئاغاى ئه حمه د شه هيد سه بارت به پي شه ل كردنى مافى مروڤ له ئيراندا، بيرو راى ئه م ريكخراوه له سه ر ريپورته كه و رخنه يك كه به م ريپورته له لايه نى گه لانى ئيران و ريكخراوه جيوازه كان هاتوه ته ئاراوه ( به زمانى ئنگلیزی



Monday, October 31, 2011

Halloween in my work place and Kurdish Angel


































Kurdish Angel in Halloween

We celebrate this day for matter of integration in this society. For its beautiful and interesting custom. In my work place we all dress up. It has been 10 years,with different customs. This year I became Kurdish Angel.
For whom dont know much about Halloween here it is:
Halloween
or Hallowe’en (a contraction of All Hallows' Eve) is an annual holiday observed around the world on October 31, the night preceding All Hallows Day. Much like Day of the Dead celebrations, the holiday has ancient origins tied to seasonal change, harvest time, and festivals honoring the dead. Typical Halloween activities include trick-or-treating (also known as "guising"), attending costume parties, carving jack-o'-lanterns, lighting bonfires, apple bobbing, visiting haunted attractions, playing pranks, telling scary stories, and watching horror films.

Sunday, October 23, 2011

Short report on the United Nations Association-USA San Fernando Valley Chapter dinner and lecture.











































































October 14, 2011 at the Village Mediterranean Grill, Valley Village.
The program began with chapter’s Co president, Virginia Hatfield welcomed the participants and gave an update of the chapter’s agenda to the attendees. And than Soraya Fallah chapter’s VP programming introduced the speaker. Dr. Alireza Azizi, who is an activist in the field of human rights for the past thirty years, eloquently linked the United Nations International Declaration of Human Rights (IDHR), and its covenants, in raising healthcare as a standard for measure in the nation-states of our world today.
Presentation was also received by the organization of supporters of Mourning Mother(Mothers of Laleh Park), showcasing abuses in Iran today, and urging action on the part of the United Nations Investigator, an IDHR Optional Protocol on Civil and Political Rights.
Alos Soraya Fallah,the VP Programming of the chapter gave a short update on the Nobel Peace Prize. On April 2011 UNAUSA-SFV issued a Press Release in support of M.Sedigh Kaboudvand Kurdish /Iranian Journalist who has been nominated for the 2011 Noble Peace Prize. She indicated that three women activists won the prize and we are deeply happy about it and we hope to see release of all prisoners.
In the end Question and Answer made a dynamic atmosphere in the place. The president awarded a certificate to the speaker and organizers were thanked for their effort.
To read Dr.Azizi’s speech and biography please click the following link:
http://www.vokradio.com/content/view/1472/23/


for the report in Farsi:


Sunday, October 09, 2011

World Day Against the Death Penalty


World Day Against the Death Penalty

noose_200px10 October 2011 -- The first World Day Against the Death Penalty took place in 2003. This event was launched by the World Coalition Against the Death Penalty, which gathers international non-governmental organisations (NGOs), bar associations, unions and local governments from all over the world. Established by organisations who participated in the first international Congress against the death penalty (Strasbourg, 2001), the Coalition aims to encourage the establishment of national coalitions, the organisation of common initiatives and the coordination of international lobbying efforts to sensitise states that still maintain the death penalty.

This year's World Day focuses on the inhumanity of the death penalty as a cruel, inhuman and degrading treatment and punishment. The dreadful conditions on death row inflict extreme psychological suffering and execution is a physical and mental assault. Death row inmates around the world are held in appalling conditions: the cells are not suitable for a human being; the dietary regime is inadequate; and access to medical care is difficult. Not only are inmates placed in physical cruel and unusual circumstances, but their mind is also greatly affected by their situation, with many death row inmates suffering from mental illness and mental disabilities as a result of their death sentence. Executions, regardless of the method used, are cruel and inhumane. They can and do go wrong in many cases.

Source: World Coalition Against the Death Penalty

Monday, September 19, 2011

Dr. Ghaseloo’s Assassination: A Case for Taking International Legal Action







Sep 17 is memorandom of assassination of another Kurdish leader Dr. Sadeq Sharafkandi. Cklara Moradian and I have done a research on the assassination of Dr.AbdolRahman Ghassemlou as a case for taking to International Legal action, which can apply for the same act from Islamic Republic of Iran.
The following presentation was provided for the conference on:
Terrorism of the Islamic Republic of Iran, the 22nd Anniversary of Dr. Ghassemlou’s Terror, July 17, 2011 Toronto
September 15, 2011
By: Soraya Fallah &Cklara Moradian
Dr. Ghaseloo’s Assassination: A Case for Taking International Legal Action
Ladies and gentlemen, first and foremost I would like to thank you for holding a conference to pay respect to the memory of prominent leader Dr. Abdol Rahman Ghassemlou who was brutally assassinated by the Iranian agents in Austria.
Dr. Ghassemlou was assassinated before he could achieve his political goals. He believed in non-violence, human rights, and the advancement of all oppressed nations in Iran.
His untimely absence and subsequent leadership vacuum was followed by a brutal campaign by the Iranian government. History has shown that his murder took the Kurdish people back many steps. The democratic process and the goal of autonomy also fell back.
June 1989, after Ayatollah Khomeini’s death, the KDPI was informed that Islamic Republic of Iran is willing to resume negotiations and find a speedy resolution to the Kurdish situation. Dr. Ghassemlou accepted this without conditions. He even compromised his preferred meeting place (which was Paris) to Vienna. He did not suspect the Iranian agents for their choice of country. In fact, Dr. Ghassemlou and Abdollah Ghaderi-Azar attended the negotiations without taking any security precautions. He was executed while planning for a peaceful solution to securing Kurdish rights in Iran.
Perhaps his willingness to meet the Iranian agents under such suspicious and unsafe conditions stems from his trust in the goodness of all people and his conviction that there is hope in diplomacy. He was so pure in his belief that human beings could come face to face and negotiate rather than fight that he was blinded to the brutality and faithlessness of the Iranian government. He wanted a peaceful solution to the Kurdish suffering, so much that he jeopardized his own safety. He was ahead of his time and ahead of most traditional leaders in the region. He had a democratic and humanistic vision and this perhaps made him vulnerable to the coldblooded acts of the Iranian government. There is no way to know where Kurdish people would be if he was not killed. How much further ahead or how much more free we would have been, but it is clear that his spirit is alive in every human being who advocates for human rights and dignity.
Distinguished guests:
I hope to contribute some useful points for further discussion. Resources and time has prevented me from being there in person but I am glad to have been given this opportunity to share this event with you through a pre-recorded video.
Due to the fact that you’re enjoying the expertise of
Mrs. Carol Prunhuberand her extensive knowledge of the life and untimely murder of Dr. Abdul Rahman Ghassemlou , I have chosen to skip biographical summary of his life from my paper. In the interest of time, I have also omitted retelling the horrific events of July 13 1989. Instead, I am going to focus on legal issues relevant to his assassination, that are also applicable to other gross human right crimes committed by the Islamic Republic of Iran.

Links, resources, and documents sited in this paper is available upon request or after publication.

Part One: Signed but Ignored; Meaningless Signatures and Non-Adherence

First, contrary to popular belief, the Islamic Republic of Iran is not a signatory to the most important UN conventions, including the non binding declaration known as
the Universal Declaration of Human Rights (UDHR). In 1948, when the declaration was adopted, Iran voted in favor of its passage, and subsequently on Jun 24th, 1975 signed “The International Covenant on Economic, Social and Cultural Rights,” which is the legally binding agreement based on the Universal Declaration of Human Rights . However, these treaties were ratified prior to the 1979 revolution. According to the Geneva Academy of International Humanitarian Law and Human Rights, Iran has ratified only five International humanitarian law and human rights treaties since the revolution, and has made significant reservations to a number of them. For example, according to official documents, the Islamic Republic of Iran has included the followingreservations before ratifying binding documents: “The Government of the Islamic Republic of Iran reserves the right not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect.” Records of atrocities taking place in Iran under the name of Islamic Law is proof that the above statement simply means that the Islamic Republic of Iran can choose not to abide by International laws when convenient and as they see fit. In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, said that the Universal Declaration of Human Rights was “a secular understanding of the Judeo-Christian tradition”, which could not be implemented by Muslims without trespassing the Islamic law. It is safe then to argue that this statement basically means that the current leadership in Iran considers International treaties signed prior to the revolution nulled.
And since
“The international legal system has the state at its centre: the state ratifies treaties and thereby obliges itself to respect, protect and fulfill certain human rights. And it is the state that must report on its own implementation and who can be “named and shamed” in public for not doing so. Treaties specify mechanisms for how the international community can hold the state to account, frequently through exerting pressure from above, and therefore such mechanisms can be very powerful. However they can also become overtly politicized at the UN or regional fora. It is the challenge of campaigners and the courts to place this power in the hands of those whose rights have been violated by the state.”
Simply put, International conventions, signed, ratified or abstained have little practical value when the state chooses not to abide by these International mechanisms.
What is the solution then? How are international laws enforced and by whom? Does this mean that the IRI can continue to carry out atrocious crimes in impunity and without scrutiny from the International community?
Part two: Conviction in the Face of Limitations
There are some possible International institutions that Kurds can and should appeal to in order to achieve the goal of justice for Ghassemlou’s execution and other such criminal acts. Even if a tangible resolution is not found, a trial is necessary to prevent these crimes from being committed in obscurity. Despite the statute of limitations for retroactive wrongs, and the shortcoming of International jurisdiction in prosecuting extrajudicial assassinations, it is important to note that if argued effectively human right standards and international common law can be used to seek legal retribution.
Theoretically and philosophically, the limits of International law are enormous. In practicality, geopolitical interests, economic ties, and strategic alliances make reaching justice difficult, if not outright impossible. With that in mind, it is incredibly important for the Kurdish leadership, scholars, advocates, activists, lawmakers, researchers, and students to persistently pursue, push, and demand legal avenues for investigating, documenting, and prosecuting those responsible for the murder of Dr. Ghassemlou.
Possible Avenues for International legal action:
Many Kurdish people have wondered if the crimes committed by the Islamic republic of Iran can be prosecuted by the highest courts of International law. I have tried to explore this idea while being mindful of the challenges posed by these international bodies.
International Criminal Court (1998 Rome Statute)
The ICC, which is an International criminal court, began to operate in 2002 and has a mandate to try cases involving war crimes, crimes against humanity, and genocide.
Unfortunately, at the moment extrajudicial assassinations or state-sanctioned targeted attacks are not categorized as “war crimes, crimes against humanity, and/or genocide.” Advocates must argue that Dr. Ghassemlou’s assassination, in addition to the hundreds of other murders, executions, disappearances, rapes, discriminations and violations are part of a systematic, deliberate, planned, and premeditated campaign against the Kurdish population. According to the ICC, “Crimesagainst humanity encompass serious attacks on human dignity or a grave humiliation or degradation of human beings. The Rome Statute requires that these should be committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack (see article 7 of the
1998 Statute of the ICC).” The Islamic Republic of Iran can always claim that they did not have ‘knowledge of the attack’ and were unaware that they were contributing to a widespread or systematic crime. For more information: click
A body of evidence, such as eye witness accounts, expert testimony, and documents presented
by Amnesty Internationaland other credible organizations, would need to prove that the state is actually intending to commit “Crimes against Humanity.”
The ICC is a last resort and created to prosecute the most serious of crimes; therefore, it does not oversee individual cases of repression, no matter how consequential. This is not simply a burden faced by Kurds but rather all dissidents from Iran. Organizations such as
The Abdorrahman Boroumand Foundation are trying to document the 1980’s massacre of political prisoners as the Islamic Republic of Iran’s Crimes against Humanity.
Dr. Abdolkarim Lahiji, vice president of the International Federation of Human Rights Leagues has attempted to bring an international case against the IRI since the creation of the Rome Statute. Dr.Lahiji worked extensively to document and investigate the assassination of Dr. Ghassmlou. It might be possible to present a stronger case if the assassinations were brought forth along with other instances of aggression in order to demonstrate that the Iranian government lacks regard for human dignity and the right to life.
The most significant challenge in bringing a criminal case before the court is the jurisdictional reach of the ICC, which can only prosecute crimes taken place within signatory nations or prosecute a person who committed such crimes within the boundaries of a signatory nation. This simply means that unless the crimes perpetrated against the Kurds took place in a country like the Netherlands, the court would not be able to prosecute the case. The court then becomes entirely arbitrary because leaders of non-signatory nations like the IRI can commit crimes within their territory without fear of prosecution. Only if the UN Security Council refers a case to the ICC, can the court prosecute a non-signatory nation. Being able to convince the UN Security Council to take such profound action against the Islamic republic is not an easy task, especially because the process is highly politicized by the permanent members of the council.

According to the recent report by the
UN Human Rights Council “took bold, assertive action to highlight Iran’s deteriorating human rights situation by establishing a Special Rapporteur on the Human Rights Situation in Iran. The rapporteur will investigate and report on abuses in Iran and call out the failure of the Iranian government to meet its human rights obligations.” This assertion has not resulted in any tangible condemnation of the Iranian government.
Despite increased diplomatic pressure on Iran, including sanctions, IRI has refused to cooperate or allow inspections of state prisons. The politics of nuclear negotiations has complicated the International communities’ commitment to human rights.

Even if, against all odds, the Security Council decided to bring a case against Iran at the ICC, there would be the issue of domestic vs. international prosecution. The ICC “is intended to complement existing national judicial systems and can exercise its jurisdiction only if national courts are genuinely unwilling or unable to investigate or prosecute such crimes.” (Article 17 of the
1998 Rome Statute of the ICC) Advocates would have to argue that the IRI’s judicial system is incapable of carrying out an unbiased investigation into allegations of human rights abuse due to the simple fact that courts and judges in Iran are arms of the system’s executive branch and operate based on their interpretation of Sharia law. The Court’s legitimacy is wholly dependant on the cooperation of states, which is rarely, if ever present.

The basis of most International law revolves around the notion of statehood and state rights. The Islamic Republic of Iran argues that they are not operating outside the state’s existential imperative to condemn activity they perceive as threats to national security. Although this is controversial and in serious need of revision, the burden of proof will fall on the victims, who are in this case members of a stateless people without protection or representation at the United Nations. Lack of statehood is also precisely why Kurds are not able to bring forth a case before the
International Court of Justice (ICJ). “This court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.” Since ethnic and religious communities are not considered nations, they do not benefit from the protection of the ICJ.

Other avenues of international criminal investigations and prosecutions are “ad hoc tribunals” such as the
International Criminal Tribunal for Rwanda or the International Criminal Tribunal for the former Yugoslavia. Ad hoc tribunals; however, have a statute of limitation, which means they are subject to time and location constraints. Thus they cannot prosecute retroactively. Although the “low-intensity” war against the Kurdish population in Iran is continuous, many of the most horrendous acts were carried out within the first two decades of the Islamic republics’ birth. These acts should not go unpunished and therefore an ad hoc tribunal, for example, an investigation into the crimes after the 2009 election, will not sufficient.


Two other possible avenues for justice:

A.

Advocates can seek to bring forth a criminal case against the Islamic Republic of Iran at a domestic superior court of countries, who take on such cases. Although this is historically a rare occurrence, there is precedence for seeking this legal route. Courts in
Spain have been famously involved in international cases. This is based on the principal of “universal jurisdiction,” which states “that any national court may exercise criminal jurisdiction over serious crimes against international law—such as crimes against humanity, war crimes and torture—based on the principle that such crimes harm the international community (or order) itself, which individual States may act to protect.” According to Amnesty International “since the end of the Second World War, more than 15 countries have exercised universal jurisdiction in investigations or prosecutions of persons suspected of crimes under international law…[and] have extradited persons to countries for prosecution based on universal jurisdiction.”

Convincing a third party country to take on a controversial case against the IRI at a domestic court is nearly impossible due to each country’s economic, political, and security concerns. Instead, advocates might need to make a strong case for the inclusion of human right demands as a bargaining chip during
nuclear negotiations with Iran.

B.

A relatively novel but increasingly prominent idea in International law is the
RESPONSIBILITY TO PROTECT (“RtoP” or “R2P”), which is a “new international security and human rights norm or set of principles based on the idea that sovereignty is not a privilege, but a responsibility. RtoP focuses on preventing and halting four crimes: genocide, war crimes, crimes against humanity, and ethnic cleansing, which it places under the generic umbrella term, “Mass Atrocity Crimes”” Although RtoP is not a law, it does provide a “framework for using tools that already exist (like mediation, early warning mechanisms, economic sanctioning, and chapter VII powers) to prevent mass atrocities.”

Kurdish advocates can use these concepts to indicate the need for greater international scrutiny and pressure on the Islamic Republic of Iran, arguing that not doing so will allow for the continuation of an already dire condition for the Kurdish population amounting to “Mass Atrocity Crimes.” Since both concepts are criticized as infringements on State sovereignty, a very strong campaign would be needed to convince the international community to act.

On a Final Note: Atrocity, Impunity, and Complicity; an International Collaboration

The leniency shown by the International community in the face of IRI’s crimes is a reflection of powerful political agents, which often override the demand for justice. Accurately pointed out by the
Iran Human Rights Documentation Center“there is substantial evidence suggesting that the governments of several European states were negligent (if not reckless) in fulfilling their duty to provide “effective remedy” following the murder of Iranian dissidents within their jurisdiction.”

The evidence that Dr. Ghassemlou’s murder was an unlawful execution by members of the Iranian government is overwhelming. Since Dr. Ghassemlou’s murder, there
have been dozens if not hundreds of well documented but unresolved extrajudicial executions in the Diaspora. The 1992 Mykonos restaurant assassinations of Kurdish leadership is further evidence that the Islamic Republic of Iran is systematically targeting Kurdish intellectual and political figures in order to suppress Kurdish ambitions. All this is taking place outside of Iran, in the sovereign soil of another nation, with ease and anonymity.

What is perhaps most tragic about remaining silent in the face of state sanctioned crimes is that we leave people without any place of safety or sense of security. Dissidents and political refugees seeking asylum abroad find themselves unable to reach peace. They are faced with the reality of a life full of fear, intimidation, terror, extortion, and even death. Many have witnessed their colleagues disappear or their property arbitrarily destroyed. To treat these crimes as isolated and negligible acts would be to entirely diminish the importance of human rights. It leaves citizens of every nation at risk and open to attacks by countries that choose to live outside the law. If State sovereignty is important to Iran, it should also be important to nations where these attacks are taking place. What must be loudly and clearly communicated to the world is the fact that impunity for crimes perpetrated by the IRI is not just a Kurdish issue but rather an International threat. Crimes like these should be looked at as an International crisis that merits direct and swift action. The fact that Iran has been able to carry out such crimes for 30-some years without consequences, diplomatic or otherwise, should be considered a crime of complicity.

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