Monday, October 7, 2024
HomeIran News NowIran Opposition & ResistanceInternational Conference Urges Accountability for Iran’s Genocidal Regime

International Conference Urges Accountability for Iran’s Genocidal Regime

On August 24, an international conference, titled “Crimes Against Humanity: Time for Accountability and an End to Impunity,” featured former UN officials, prominent legal experts, and human rights advocates who underscored the need for justice for victims of the 1988 massacre in Iran. The event, which included participation from Maryam Rajavi, the President-elect of the National Council of Resistance of Iran, highlighted ongoing efforts to hold Iranian regime officials accountable for past and present atrocities.

Mrs. Maryam Rajavi delivered a speech underscoring the ongoing human rights abuses in Iran and the need for international action. She highlighted the stark contrast between the ideals outlined in the Universal Declaration of Human Rights and the actions of the Iranian regime.

“Today, in our country, a regime rules, whose governance is predicated upon the suppression of human rights, and whose survival is secured and guaranteed by the killing of people,” Rajavi stated. She pointed to the massacre of 30,000 political prisoners in 1988, a tragic event that remains one of the most egregious violations of human rights in Iran’s history.

The massacre, which saw 90% of its victims as members of the People’s Mojahedin Organization of Iran (PMOI/MEK), continues to drive a strong justice-seeking movement. Mrs. Rajavi emphasized the importance of this ongoing effort, showcasing a book containing the names of 5,000 PMOI prisoners massacred in 1988 and affirming the commitment to document and honor all victims.

Dr. Chile Eboe-Osuji, former President of the International Criminal Court (ICC), emphasized that international law no longer grants immunity to government officials, regardless of their position, for committing atrocity crimes.

Dr. Eboe-Osuji highlighted the role of the Rome Statute, which gives the ICC jurisdiction over crimes committed on the territory of its member states if those states do not take action themselves. He pointed out that if crimes against humanity are committed in countries like Albania or France, which are member states of the ICC, and those countries do not prosecute or investigate, the ICC has the authority to step in.

Praising the work of the former UN Special Rapporteur on the human rights situation in Iran, Dr. Eboe-Osuji noted, “Professor Rehman has done a magnificent job in his tenure… he had lifted the veil of silence on the discussion around what happened in 1988 in Iran.”

The former ICC President suggested that the nature of the mass executions and targeted killings of political prisoners, primarily members of the PMOI in 1988, could be seen as fitting the legal definition of genocide, further underscoring the necessity for international action to hold perpetrators accountable.

Professor Leila Nadya Sadat, former Special Adviser on Crimes Against Humanity to the ICC Prosecutor, discussed the dire need for international accountability for the 1988 massacre and other crimes committed by the Iranian regime.

“The impunity for and denial of justice for the crimes of 1988 has led the regime to continue oppressing Iranians at home and abroad,” she stated, stressing the need for immediate action. She pointed out that, based on available evidence, the 1988 massacre included “murder, extermination, torture, arbitrary arrest and detention, enforced disappearance, sexual and gender-based violence, and the crime of persecution.”

Advocating for practical steps, Prof. Sadat called for the establishment of an international investigative mechanism, similar to those for Syria and Myanmar, to collect evidence and facilitate prosecutions. She also emphasized the role of universal jurisdiction, noting that “there are ample opportunities for investigation and mechanisms for accountability,” and urged countries to use their legal systems to prosecute perpetrators found within their borders.

Regarding the classification of the 1988 massacre as genocide, Prof. Sadat acknowledged the challenges in winning such a case in court due to the narrow legal definition but argued that advancing the claim is crucial. “Advancing charges of genocide for some or all of the killing is a serious idea that is worthy of additional consideration,” she emphasized, highlighting that using the term could galvanize global support and pressure the international community to act.

Professor William A. Schabas, a leading expert in international law and former Chair of the UN Independent Commission of Inquiry on the 2014 Gaza Conflict, expressed strong support for establishing a UN Commission of Inquiry into the 1988 massacre in Iran.

Connecting online to the conference, Professor Schabas commended Professor Javaid Rehman for his work as the UN Special Rapporteur on human rights in Iran, noting the importance of his final report on the 1988 massacre. He also criticized the lack of accessibility of Rehman’s report, suggesting it may have been suppressed due to pressure from the Iranian regime.

Prof. Schabas discussed two main pathways to address impunity for the 1988 massacre: universal jurisdiction and commissions of inquiry. He criticized the recent actions by Sweden regarding the Hamid Noury case, calling it “a very cynical gesture” and highlighting the political manipulation that can undermine the use of universal jurisdiction.

Instead, Professor Schabas advocated for a more effective approach through the establishment of a UN Commission of Inquiry. He emphasized the credibility and influence of such commissions, which are typically composed of independent and impartial experts. “In my humble opinion, the best way forward is to attempt to establish a commission of inquiry,” Schabas concluded, arguing that this method has proven successful in investigating atrocity crimes and influencing international justice mechanisms.

Professor Javaid Rehman, the UN Special Rapporteur on the situation of human rights in Iran from 2018 to 2024, presented a compelling report detailing the Iranian regime’s atrocity crimes, including the 1988 massacre of political prisoners, and called for urgent international action to hold the perpetrators accountable.

In his detailed presentation, Professor Rehman highlighted the systematic and widespread attacks on civilians, which led to mass executions and enforced disappearances of thousands of political prisoners, primarily members and sympathizers of the PMOI.

He emphasized, “There is considerable evidence that mass killings, torture, and other inhumane acts against members of the PMOI were conducted with genocidal intent.” He pointed out that the Iranian regime viewed the PMOI as “a religious group, albeit a deviant and heretical group,” justifying mass executions and torture under the guise of religious decree.

“The crime of enforced disappearance remains a continuing crime in international law as long as the perpetrators continue to conceal the fate of the disappeared persons,” he explained, highlighting that the families of victims are still denied closure and the right to know the truth.

Furthermore, Professor Rehman called for the establishment of an international investigative and accountability mechanism to address these atrocities. “I ask the international community to establish an international investigative and accountability mechanism to conduct prompt, impartial, thorough, and transparent investigations into the crimes under international law,” he urged, emphasizing the need for action to prevent further violations and ensure justice for the victims.

He concluded with a powerful call to action: “We must not engage with a regime whose leaders have committed atrocity crimes.”

Herta Däubler-Gmelin, former Federal Minister of Justice of Germany, delivered a powerful speech calling for stronger international mechanisms to hold the Iranian regime accountable for its human rights violations, including the 1988 massacre. Däubler-Gmelin highlighted the importance of bringing those responsible for atrocities before independent international courts, stating, “As long as we do not manage to take those powerful people before an independent international court, they will do what they want.”

Drawing from Germany’s own historical experiences, Däubler-Gmelin emphasized the necessity of international solidarity and legal frameworks to address crimes against humanity. She praised the efforts of Professor Javaid Rehman, whose report has helped shed light on the mass killings in Iran, urging that “we have to unite to stop this horror of mass killings now and immediately.” Däubler-Gmelin also called for sanctions not only against the regime’s Revolutionary Guard but also against judges who misuse their power under the regime, suggesting that such actions are essential to curbing the regime’s ongoing human rights abuses.

Clément Nyaletsossi Voule, UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association (2018-2024) began his remarks by expressing his solidarity with the victims and their families, acknowledging the ongoing pain and suffering they endure due to the lack of justice and accountability.

Reflecting on his tenure as the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Voule shared his experiences engaging with Iranian authorities alongside Professor Javaid Rehman, the UN Special Rapporteur on the situation of human rights in Iran. He underscored two specific cases he had worked on: the murder of Mahsa Amini and the massacre of political prisoners in 1988. Voule noted that despite numerous efforts to engage the Iranian authorities in dialogue and cooperation, there has been a persistent refusal to address the circumstances surrounding these crimes and to hold those responsible accountable.

Voule stressed that when national authorities are unwilling or unable to provide justice, the international community must step in. He also highlighted the importance of universal jurisdiction for the international community to ensure accountability for crimes that fall under international law.

Concluding his speech, Voule urged the international community to recognize the inseparable link between human rights violations and global peace. He warned against sacrificing human rights on the altar of geopolitical interests, particularly in the context of nuclear negotiations with Iran. Voule called for the international community to take responsibility for addressing the crimes committed in Iran, emphasizing that justice for the victims is essential for genuine peace and stability. He reaffirmed his commitment, as an expert, to support the victims and work towards a comprehensive investigation into the 1988 massacre, urging the international community to take decisive action.

Professor Jeremy Sarkin, former Chair-Rapporteur of the UN Working Group on Enforced or Involuntary Disappearances, emphasized the need to focus on a comprehensive approach to justice for the victims of the 1988 massacre and other human rights violations in Iran.

“We must have justice, but we also have to deal with the needs of victims to truth, justice, reparations, guarantees of non-repetition, and memorialization,” he stated, underscoring the necessity of a multi-faceted approach that includes transitional justice measures.

Drawing parallels to other international contexts, Prof. Sarkin noted the value of processes that focus on the needs of victims, such as the newly established independent institution for missing persons in Syria. He suggested a similar mechanism for Iran, stating, “We can look at the Syrian situation, which says we don’t have to wait until the end of the conflict,” emphasizing that steps can be taken now to uncover the truth about mass graves, arbitrary detentions, and enforced disappearances.

Professor Sarkin called for external truth processes to gather and preserve testimonies and evidence, stressing the importance of giving victims a platform to share their stories. “Providing a platform for victims to testify, giving them a voice, allowing them to contribute to processes of healing is critically important,” he said, advocating for a holistic approach that goes beyond legal proceedings to address the lasting impact of the Iranian regime’s crimes on survivors and their families.

Dr. Mark Ellis, Executive Director of the International Bar Association, emphasized the critical role of universal jurisdiction in prosecuting crimes such as genocide and crimes against humanity. He argued that this legal principle should be a key tool for bringing Iranian officials to justice. “The principle allows national courts to prosecute individuals for grave international crimes, such as war crimes, genocide, crimes against humanity,” Dr. Ellis stated.

Dr. Ellis also reflected on the trial of Hamid Noury in Sweden, which marked the first legal proceeding related to the 1988 massacres. He added, “It serves for me as a precedent in international law and illustrates the very best use of universal jurisdiction in holding individuals accountable for atrocity crimes.” He further stressed that the decision of the Swedish court should serve as a guide for other nations to adopt similar legal frameworks to prosecute Iranian officials for their crimes.

Looking ahead, Dr. Ellis called on nation-states, particularly those in Europe, to use universal jurisdiction to initiate investigations into crimes committed by the Iranian regime. He noted that many European countries already have the authority to investigate, prosecute, and sentence individuals for international crimes under universal jurisdiction. He urged these countries to take decisive action, stating, “Suspects are known. Crimes are known. Victims at large are known. And it should be a catalyst to further use the principle of universal jurisdiction by victims to bring to justice those who’ve committed the crimes.”

Ambassador Lincoln P. Bloomfield Jr., former US Assistant Secretary of State for Political-Military Affairs, delivered a scathing critique of Western officials and media for their role in perpetuating false narratives about Iran and its resistance movements.

Highlighting the systematic disinformation campaign that has shielded the Iranian regime’s actions for decades, Amb. Bloomfield stated, “Many Western officials and media correspondents have helped the regime by failing to question the prevailing narratives about its own actions and those of the resistance.” He pointed out that the recent report by the UN Special Rapporteur, Professor Javaid Rehman, which details the regime’s crimes, comes after significant legal victories in the UK, EU, France, and the United States that have debunked many of the allegations against the PMOI and the NCRI.

“With the truth now exposed, we can see that the West has accepted and amplified substantially false portrayals of Iran and its Resistance for at least a generation,” Bloomfield continued, criticizing how defamatory stories about the PMOI have been used to manipulate public perception. He drew parallels between the misrepresentation of the PMOI’s evacuation of children from Iraq in 1991 and the recent evacuations of Ukrainian children amidst the Russian invasion, illustrating the media’s complicity in disseminating Tehran’s falsehoods.

Bloomfield also warned of the impact of misinformation spread by former PMOI members who, upon investigation, were found to be on the Iranian intelligence payroll. “We can see who in the Western media are essentially functioning as Tehran’s agents of influence,” he remarked, underscoring the necessity for critical evaluation of sources to avoid unwittingly supporting the regime’s agenda.

Kenneth Lewis, the lawyer representing the PMOI members in the Swedish trial of Hamid Noury, detailed the significant achievements of the trial and emphasized the genocidal intent behind the 1988 massacre of political prisoners in Iran.

Lewis began by highlighting the groundbreaking nature of the Swedish court proceedings, which marked the first time that comprehensive evidence of the 1988 massacre was presented in a court of law. “This is historic. This is a victory that we should never underestimate,” Lewis declared. He noted that the trial, which included testimonies from 34 plaintiffs and 26 witnesses, provided extensive documentation of the atrocities committed at Gohar Dasht Prison and beyond, establishing a permanent legal record of these crimes.

Discussing the genocidal intent of the Iranian regime, Lewis emphasized, “The regime’s intent to exterminate the PMOI was religiously motivated,” pointing out that this intention was evident long before the 1988 massacre. He cited statements by former Supreme Leader Ruhollah Khomeini and other regime officials that labeled the PMOI as “apostates” and declared they “do not deserve any property rights and not even the right to life.” Lewis argued that such declarations demonstrate a clear genocidal policy aimed at eradicating the PMOI as a religious group.

Lewis also praised the Iranian Resistance’s resilience and legal strategies in seeking justice for the victims. He underscored the importance of using international law to hold perpetrators accountable, calling the trial “the beginning of the real legal documentation of these crimes which have been committed.” He concluded by expressing hope that this trial would set a precedent for future legal actions against Iranian officials, ultimately leading to accountability for the regime’s long history of human rights abuses.

Professor Wolfgang Schomburg, former Judge at the UN International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) called for the establishment of a people’s tribunal to investigate the 1988 massacre and other crimes committed by the Iranian regime.

Prof. Schomburg proposed that the NCRI could lead this initiative, stating, “This organization can right this wrong by own actions.” He suggested that a tribunal organized by civil society, similar to the Russell Tribunal of 1966, could serve as a powerful tool for truth-finding and documenting the crimes committed by the Iranian regime. “What is the added value of such a tribunal or court established by civil society? It serves better the necessary truth-finding mission in the interest of all the victims,” Prof. Schomburg explained.

He also highlighted the potential impact of such a tribunal on future legal proceedings, both domestically and internationally. “A judgment will fix the results of such a procedure for the future of domestic or international courts,” Prof. Schomburg noted, emphasizing that the evidence gathered could be used in future prosecutions, whether in Iran or in international courts. He further stressed the importance of transparency, proposing that the tribunal’s proceedings be public and broadcast to raise awareness about the underlying crimes and to foster a peaceful transition in Iran.

Tahar Boumedra, President of JVMI and former Head of the UN Human Rights Office in Iraq, delivered a powerful testimony about his experiences witnessing atrocities against Iranian dissidents at Camp Ashraf.

Boumedra described his time with the UN mission in Iraq, where he had unrestricted access to Camp Ashraf, home to many members of the PMOI. “I was a witness of all kinds of abuses and crimes that happened against my extended family living today in Ashraf III,” Boumedra recounted. He revealed that his role often involved counting the bodies of victims, a task that ultimately led to his resignation from the United Nations in protest of the UN’s inaction.

Despite attempts by the UN to silence him, Boumedra refused to be quieted, stating, “I will not put up and I will not shut up.” He continued to speak out about the abuses he witnessed and offered his support to UN Special Rapporteurs on human rights in Iran, including Professor Javaid Rehman. Boumedra praised Rehman’s courage and impartiality, emphasizing the importance of his work in documenting the regime’s crimes. “What he did is appreciated by all peace and justice lovers in the world,” Boumedra declared, underscoring the global support for Rehman’s efforts.

Boumedra’s remarks highlighted the ongoing need for accountability and international solidarity with the Iranian people. He concluded by reassuring Rehman and other advocates of justice that “you will never be on your own. You’ll have friends all over the world.” His speech was a call to action for the international community to continue supporting those who seek truth and justice in Iran.

Steven Schneebaum, Interim Director of the International Law and Institutions Program at Johns Hopkins University, delivered a powerful critique of the Iranian regime’s ongoing “show trial” against 104 leaders and supporters of the PMOI.

“The regime constantly insults the organization as virtually without support in Iran,” Schneebaum remarked, “but if the MEK is so insignificant, what accounts for the regime’s endless obsession with it?” He pointed to the regime’s actions, including the murders at Camps Ashraf and Liberty, the propaganda campaigns, and the 2018 bombing attempt at an NCRI rally in Paris, as evidence of the threat the MEK poses to the regime’s survival.

Schneebaum also criticized the regime’s reliance on non-existent or irrelevant legal conventions to justify the trial, calling it “a sham exercise” with a predetermined outcome. “The presiding judge in Tehran has repeatedly invoked Article 3 of the Terrorism Convention,” Schneebaum noted, before highlighting that no such convention or obligation exists. He condemned the trial as nothing more than an attempt by the regime to maintain its grip on power through intimidation and false accusations.

Schneebaum urged the international community to reject any extradition requests from Iran, emphasizing that “no rational person should take seriously for a moment the notion that somehow the MEK is responsible for terrorism against the terrorist regime in Tehran.” He also warned of the potential for the trial to be a pretext for a new campaign of terrorism against MEK members abroad.

In closing, Schneebaum called on international lawyers and governments to defend the truth against the regime’s lies and distortions, stating, ” Not only must the events of 1988 not be forgotten, but what the regime is attempting to do right now must also be in the public eye. We, from countries where the rule of law matters, have the obligation now to defend the truth in the face of lies and distortions.”

Gilles Paruelle, Lawyer, International Criminal Tribunal for Rwanda, and former president of Val d’Oise Province Bar Association drew a parallel between his work on the Rwandan genocide and the need for accountability for the 1988 massacre in Iran. Paruelle specifically mentioned the term “genocide” while discussing the importance of justice and accountability for atrocity crimes.

He expressed his desire to see similar efforts for justice applied to the Iranian context, saying, “What I have done in Rwanda, what I have been doing for thirty years, I wish I could do for you.” Paruelle highlighted the difficulty of applying universal jurisdiction in France but stressed the importance of holding perpetrators accountable, reflecting his commitment to supporting the Iranian Resistance in their quest for justice for the 1988 massacre.

Prof. Claudio Grossman, Special Adviser to the International Criminal Court Prosecutor and a member of the UN International Law Commission, delivered a powerful speech emphasizing the urgent need for accountability and justice. He highlighted the significance of the report by Dr. Javaid Rehman which he described as one of the most comprehensive and compelling documents on human rights abuses he has encountered.

Prof. Grossman stressed that the report not only documents the horrific massacre of over 30,000 people in 1988 but also serves as a critical call to action for the international community. He called for holistic reparations for the victims, including measures of accountability, non-repetition, and full reparations. “When these types of atrocities do not result in action, they are simply announcing that more atrocities will follow,” he warned. He concluded by expressing solidarity with the victims and survivors, urging global cooperation to achieve justice and ensure a free society in Iran.

During the conference, families of the victims of the 1988 massacre took to the podium, sharing their heart-wrenching experiences and grievances with the public. Holding high the pictures of their lost loved ones, they vividly recounted the suffering and anguish they have endured over the years. Their powerful testimonies not only highlighted the personal impact of the regime’s brutality but also underscored the deep-seated need for justice and accountability. As they spoke, the pain and determination in their voices resonated with all in attendance, serving as a poignant reminder of the human cost of the regime’s atrocities and the urgent need for the international community to act.