In the early hours of the morning of June 13, the Zionist regime carried out a series of planned attacks, militarily violating the territory of the Islamic Republic of Iran. These attacks, which lasted for 12 days, targeted a variety of targets, including civilian infrastructure, peaceful nuclear facilities, residential areas, medical centers, relief bases, and even the building of the Islamic Republic of Iran’s Broadcasting. During this blatant aggression, hundreds of civilians, including women, children, medical personnel, and aid workers, were martyred or injured.
Now, the people, academics, lawyers, and bar associations of Iran are demanding legal follow-up to these crimes and the trial of the Zionist regime by international authorities. In this regard, we have had a conversation with Naser Seraj, the Vice President of the Judiciary for International Affairs and the Secretary General of the High Council for the Human Rights of the Islamic Republic of Iran, to examine the legal dimensions of this crime and the measures being taken.
Fars: What measures does the High Council for Human Rights have in mind to refer this attack to international bodies, including the International Court of Justice or the UN Human Rights Council?
Seraj: One of the most important measures in the period after war and armed conflicts is the initiation of legal and judicial follow-up processes for crimes and atrocities committed during the conflict. Legal and judicial follow-up can generally be defined at three levels: national, regional, and international, and in three formats: judicial, quasi-judicial, and political. The obligatory and necessary introduction to any legal, judicial, quasi-judicial, and political follow-up is the documentation of the crimes committed by the Zionist regime in Iran before, during, and after the 12-day war. The aforementioned documentation must be carried out scientifically and in compliance with international standards with the aim of using regional and international dispute resolution mechanisms. Therefore, investing in this area and preparing legal and reliable documentation is considered the first and most important action of the Islamic Republic of Iran at the present time.
Documenting crimes is the first and most important action
The High Council for Human Rights of the Islamic Republic of Iran, as the main custodian of defending human rights and human dignity of the Iranian nation in the domestic and international arenas, with a proactive approach, from the very beginning of the Zionist regime's brutal invasion of Iranian soil, undertook scientific and methodical documentation and organized numerous correspondences with international human rights authorities and institutions, and demanded that the crimes committed by the Zionist regime be reported to international mechanisms.
The High Council for Human Rights has had numerous correspondences with international institutions
Among these correspondences, one can mention my recent correspondence with the United Nations High Commissioner for Human Rights, during which several serious demands were raised to be taken into consideration by him and other international human rights mechanisms.
Human Rights does not have a global court, but the path to complain is open
You are probably aware that human rights do not have a global court. Therefore, human rights-related issues can only be raised in the two existing global courts, the International Court of Justice and the International Criminal Court.
Let’s not slaughter documentation with the dream of a world court
Regardless of the Center for Legal and International Affairs of the Office of the President which is the institution in charge of pursuing and filing international lawsuits in Iran, the main issue in referring the case of the Zionist regime’s crimes in Iran to these two courts is the issue of their jurisdiction.
Documentation is a bridge from national to international litigation
There are serious reservations from the Islamic Republic of Iran regarding the International Court of Justice and its appellate proceedings, which are considered interstate. However, regarding the International Criminal Court, although Iran is not a member of the Rome Statute (the founding document of the Court) and in this regard, the Prosecutor cannot undertake investigations in Iran, there is, according to the Statute, a capacity for accepting the jurisdiction of the Court on a case-by-case and limited basis (in terms of time and place), which has already been used by Palestine. Using this capacity, of course, requires a discussion and exchange of scientific and specialized opinions that must be formed and acted upon.
The legal battle with the Zionists begins with documentation
After judicial mechanisms, the issue of quasi-judicial mechanisms and their maximum use is not only without limitations and considerations, but also necessary since it can transform domestic documentation into international documentation and later be cited in courts.
Quasi-judicial mechanisms in the international arena are numerous and diverse, and every domestic agency such as the Red Crescent (International Red Cross), the Ministry of Health (World Health Organization), and the High Council for Human Rights (human rights mechanisms) is obliged to use them to the maximum of its capabilities.
In the field of human rights, which is considered the mission of the High Council for Human Rights, we can talk about activating the filing of claims and complaints in mechanisms such as the Human Rights Council, Human Rights Council complaint mechanism former Resolution 1503 and current 5/1, the complaint mechanisms of the country and thematic Special Rapporteurs (14 countries and 46 thematic): Special Rapporteur on the right to life, Special Rapporteur on extrajudicial, summary or arbitrary executions, Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Independent Expert on International Order, Independent Expert on human rights and international solidarity, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, Special Rapporteur on the promotion of truth, justice, reparation and the complaint mechanisms of the treaty bodies.
The High Council for Human Rights of the Islamic Republic of Iran, by establishing specialized sections for the international documentation of the crimes of the Zionist regime in the 12-day war, will use all international quasi-judicial and political capacities in the field of human rights to reflect the oppression of the Iranian nation and the crimes of the child-killing Zionist regime, and to create maximum capacity for subsequent judicial proceedings and compensation for the losses, however insignificant, of the Iranian nation and the definitive condemnation of the aggressors.
Fars: Is it possible to file a legal complaint against the Zionist regime to demand compensation for human, financial, and psychological losses?
Seraj: As stated, compensation is considered as one of the effects of legal and judicial settlement of international disputes. Since there are various discussions among lawyers and the country's scientific and executive community regarding filing a lawsuit or complaint in the two existing international judicial authorities, the International Court of Justice and the International Criminal Court, and a definitive conclusion has not yet been reached regarding whether or not to do so, society's minds should not be limited to compensation in the current timeframe.
However, the effectiveness of these two judicial authorities is also limited, and the Zionist regime currently has cases pending before this authority.
The South African case against the Zionist regime was accompanied by the intervention of several third parties and an interim order from the International Court of Justice, and also the case of the prosecution of Netanyahu and Gallant for war crimes committed in Gaza, are open at the International Criminal Court.
It is a mistake to place our hopes on the courts that are funded by the US!
Therefore, it is very unlikely and far-fetched to imagine that these high judicial authorities will be able to issue and implement rulings that include compensation in a scene where the bulk of their budget is funded by the US regime (the main supporter of the Zionist regime). Let us not slaughter documentation with the dream of a world court. But making maximum use of quasi-judicial capacities with the aim of winning the war of narratives and international documentation for the day when a righteous and, of course, just court is found in the world or in the region or even in the judicial system of a third country is the most important measure at the present time, which should not be slaughtered with the dream of referring to international courts.
Fars: Given the political influence of some powers in international bodies, to what extent can we hope for the success of the legal process? Is there a plan to attract the support of independent countries?
Seraj: Obviously, governments that openly attempt to equip and arm the child-killing Zionist regime are among the serious obstacles to achieving success in Iran’s legal processes at the international level. However, the crimes of the Zionist regime in recent years have created such a political cost for these governments that they are presenting their support for this regime’s actions in an undisclosed and completely hidden manner. This space should be used to the maximum extent by governments such as the Islamic Republic of Iran.
The weak and shameful support of mainly Western governments for the Zionist regime provides the space for independent states to form coalitions against the supporters of the Zionist regime and the United States in the international arena. The current international arena should be considered the playing field of governments such as the Islamic Republic of Iran, and no effort should be spared to weaken the enemy coalition and form a coalition of aligned governments. Regional capacities, especially neighboring countries and Islamic countries, are very important and influential in this regard.
The international activism of the Islamic Republic of Iran at the present time is literally not less than Jihad on the military battlefield, and for this purpose, efforts should be made to train specialized forces and, of course, to attract the maximum number of all domestic and foreign elites.
Fars: How do you assess the role of civil society organizations, the media, and international lawyers in this case, and does the High Council for Human Rights have a plan to utilize their capacity?
Seraj: It is no secret that the main players in the international arena in the current world are civil society organizations or non-governmental organizations. Regardless of how independent these organizations are and to what extent they act within the scope of missions delegated by governments, their prominent role in international activism cannot be denied. Along with civil society organizations, the role of the media and principled and scientific narratives in the form of public diplomacy should not be overlooked.
One of the most important areas of the 12-day war, which even led to a direct attack by the Zionist regime, was the Iranian Broadcasting and Media sector. In such an area where civil society organizations and the media have reached such position and level in terms of role-playing, and also considering the comprehensive presence of the nation, including civil society organizations and bar associations, in the field and their maximum support for the Armed Forces of the country in the fight against the Zionist regime, redesigning the way civil society organizations act in the international arena, as well as delegating authority to them and creating grounds for their free, independent, and active struggle, is of particular importance.
Fars: From the perspective of international law, what are the examples of violations of international law and war crimes that the Zionist regime's military attack on the territory of Iran constitutes?
Siraj: The Zionist occupying regime, taking extensive advantage of the intelligence, weapons, and political support of Western countries that claim to uphold human rights, has carried out a series of planned and coordinated military attacks against the Islamic Republic of Iran. These aggressive and illegal actions have targeted peaceful nuclear facilities, military centers, vital civilian infrastructure, residential areas, Red Crescent aid workers, and media outlets. During the 12-day attacks on Iran, the Zionist regime violated many of the fundamental and indisputable rules of international law. In other words, this regime, and of course its supporters and those who remain passive and silent in the face of its crimes, once again violated various areas of international law, such as the international law on the use of force, international human rights law, international humanitarian law, the laws governing arms control, international air and space law, etc. The violations committed by the Zionist regime in Iran can be divided into several main groups, each of which can be carefully documented, and the necessary follow-up can be carried out at various levels.
Violation of the principle of prohibition of the threat or use of force,stipulated in Article 2, paragraph 4 of the Charter of the United Nations
By clearly violating the principle of prohibition of the threat or use of force stipulated in Article 2, paragraph 4 of the Charter of the United Nations, which many jurists believe is an example of a peremptory rule of general international law, the Zionist regime committed the crime of aggression defined in the resolution of the United Nations General Assembly of December 14, 1974. It is worth noting that the crime of territorial aggression, along with war crimes, crimes against humanity and genocide, is one of the crimes under the subject matter jurisdiction of the International Criminal Court.
War Crimes
According to published statistics and documents, the Zionist regime killed or injured several hundred people during its 12-day attacks on Iran, of which 49 were women and 13 were children. Among the medical staff, 20 were injured and 5 were martyred. 9 damaged ambulances, 7 damaged hospitals, 4 damaged health units, 6 damaged emergency bases, and two attacks on the IRIB, all indicate the destruction of the fundamental and key principle of international humanitarian law, namely the principle of distinction between military and civilian targets, at the hands of a regime that, of course, has had a long-standing hand in such actions, and whose Prime Minister is currently wanted by the International Criminal Court for crimes committed in Gaza. By violating various and numerous principles, rules, and regulations of international humanitarian law as contained in the Four Geneva Conventions of 1949 and the First Additional Protocol of 1977, and customary international law in this regard, the Zionist regime has clearly committed a war crime as contained in Article 8 of the Statute of the International Criminal Court.
Crimes against Humanity
According to the advisory opinion of the International Court of Justice in the 2004 Separation Wall case, the respect, ensure and fulfilment of human rights is not limited to peacetime and must be protected in times of war as well. During the brutal attacks by the Zionist regime on Iran, many human rights of the Iranian people, including the right to life, the right to health, the right to freedom of movement, the right to liberty and security of persons, the right to psychological security, the right to security of property and assets (due to cyber attacks), and many other human rights were violated.
In the attack on the IRIB, in addition to violating the right to life of journalists, who should be immune from any attack according to the rules of humanitarian law, the right to freedom of expression and opinion, which is a general right for the entire Iranian nation, was also directly violated. Through this, the Zionist regime committed another international crime that falls under the jurisdiction of the International Criminal Court, namely, crimes against humanity as stipulated in Article 7.
Therefore, the Zionist regime, which has a long history of committing numerous international crimes, committed every major crime under the jurisdiction of the International Criminal Court, namely territorial aggression, war crimes, and crimes against humanity, in the 12-day imposed war against the Iranian nation, apart from the crime of genocide. Separating the crimes of the Zionist regime and documenting each category of crimes, taking into account the specifics and material, moral, and legal elements constituting each crime, is among the most necessary and urgent measures that should be on the agenda of the scientific, research, and executive institutions in charge in the country.