Feasibility of pursuing the assassination of Sardar Soleimani in the International Criminal Court and the International Court of Justice and Domestic Law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Fatemeh Aghamiri ¹ , zahra Fehreste ² , Ebrahim Yaghouti ³

1 - Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Central Tehran Branch, Tehran, Iran
2 - Assistant Professor and Faculty Member of Azad University, Central Tehran Branch
3 - دانشیار گروه فقه و مبانی حقوق اسلامی، دانشکده ادبیات و علوم انسانی ،واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران. [e-mail]

Received: 2023-08-12 Accepted : 2023-12-02 Published : 2024-03-20

Keywords: International court of justice, International Criminal Court, Legitimate defense, Qassem Soleimani, Internationally Protected Persons,

Abstract :

The Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response Of Islamic Republic Of Iran Government To This Incident. Contrary To What It Claims, The American Military Action In This Incident Does Not Comply With Preventive Or Preemptive Elements And The Conditions Of Legitimate Defense And Is An International Violation. The Feasibility Of Judicial Pursuit Of Criminal Liability And Civil Liability Resulting From This Illegal Act In The International Criminal Court And The International Court Of Justice Is The Subject Of This Article. Despite The Non-Membership Of Iran And The United States In The Statute Of The International Criminal Court, Iran Can, By Persuading The Iraqi Government To Accept The Court's Case Jurisdiction, Provide The Possibility Of Exercising The Court's Jurisdiction Over This Case, But Even In This Case, The Case Of The Assassination Of Lt. Gen. Soleimani Cannot Be Pursued Within The Framework Of One Of The Four Crimes Under The Court's Jurisdiction. The Most Effective Legal Mechanism Is Pursuing The Civil Responsibility Of The American Government For This Criminal Act According To The "Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Political Missionaries" (1973), Which The Governments Of Iran And The United States Are Members Of. And Also Preventing The Establishment Of A Mixed International Court, Especially Through The Conclusion Of An Agreement Or The General Assembly Of The United Nations Or The Organization Of Islamic Cooperation. This Convention Prohibits The Commission Of Certain Crimes, Including Murder, Against Persons Under International Protection. It Has Predicted A Dispute Resolution Mechanism That Will Eventually End Up In The International Court Of Justice.