The Assassination of Martyr General Soleimani Was a Clear Violation of International Laws and Principles

Seyyed Mohammad Ali Hosseini Former Deputy Minister of Foreign Affairs and the Present Ambassador of the Islamic Republic of Iran to Pakistan 

In an article published by local media, Seyyed Mohammad Ali Hosseini said that the anti-human action committed by the US was not compatible with any of the established legal provisions and was a clear violation of international laws and principles. What follows are excerpts from his article. The people of Iran are grieved over the loss of a man, who was highly acclaimed by the people of the region as a “liberator, hero, and symbol of the fight against terrorism. Today, we are approaching the martyrdom anniversary of General Qasem Soleimani who was cowardly assassinated by the US government in a blatant terrorist act. 

The people of our region do not forget the days when the black flag of Daesh (ISIS) were each day hoisting somewhere in one of their cities and their vicious acts here and there were shuddering the hearts of people. General Soleimani, who rightly played the most effective role in suppressing criminal groups, augured well in clearing terrorist embodiments like ISIS and Al-Nusra Front, and brought security and peace to the nations from our region to Europe, was martyred through a craven operation that was directly ordered by the President of the United States of America. 

Although in the Islamic school of thought, martyrdom in the way of God is a wish for any Muslim, and General Soleimani and his companions had a long-lasting fervor for it, the nature of the terror was preposterous. The criminal act of the United States in depriving people of the region of a determined and anti-terrorism force is strongly condemned by the freedom-seeking and peace loving people of the region. This act was a clear confrontation with the true wishes of the people of the region in striving for peace and the fight against terrorism. 

The apparent opposition of the United States to the wishes of the people of the region, which manifested itself in the assassination of Martyr Soleimani, is condemned from a legal and international point of view. In this regard, I would draw esteemed readers’ attention to some points. Article II of the United Nations Charter explicitly prohibits the use of force as well as threatening to use force. In addition to being a flagrant violation of the UN Charter, the martyrdom of Commander Soleimani was also against the values of human rights and international human rights provisions. Violation of the right to life is prohibited under Article 3 of the Universal Declaration of Human Rights and Article 6 of the Charter of Civil and Political Rights Covenant. 

Therefore, the commanders and the agents of this operation and the perpetrators of violation of this right should be brought to justice and punished. In this terrorist act, the United States also violated the rules of diplomatic and consular laws. Martyr Soleimani was a high-ranking Iranian military official who was assuming diplomatic responsibility during his last journey and was carrying a political message for the officials of the Republic of Iraq. Therefore, within the framework of the Vienna Convention about diplomatic relations and “Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons 1971”, in particular, the trial and punishment of the perpetrator of this violation is necessary. 

The second point that needs to be elaborated on is related to the collective responsibility of all countries of the region and the world to work as hard as possible to fight ISIS. Abdication of responsibilities or support to terrorists by some countries not only doesn’t decrease the responsibility of others but even adds to it requiring those countries to shoulder a heavier burden. Following the emergence of ISIS in the region, a huge wave of insecurity, instability, destruction, terror, and shameful crimes, rose by this group in some parts of West Asia and scattered districts of Iraq and Syria that could lead to territorial segregation of these countries. 

This heinous intention concerned the general public in the region who urged international organizations to issue resolutions calling for collective efforts on the part of regional countries against the atrocities created by ISIS. Martyr Commander Soleimani swiftly planned and made vigorous and intelligent endeavors to firstly, suppress the criminals of ISIS and Al-Nusra Front and secondly, provide security to the countries that were brutally attacked by these groups. He also moved forward a tireless diplomacy to construct a true consensus on sincere counterterrorism efforts. 

This is what made him a unique anti-ISIS and anti-terrorist commander to the people of Iran as well as the people of other countries. This, of course, was not tolerable for the United States that, per se, was involved in the production, nourishment, and support of ISIS. In such a situation, the “Grand Patron” of terrorists was expected (by the terrorist groups) to do something! This was the reason that the desperate US decided to physically eliminate the invincible commander Qasem Soleimani; the Supreme Command who played a decisive and key role in fighting against terrorism, defeating and suppressing ISIS, strengthening the security of the region and even Europe, and preserving the territorial integrity of involved countries. 

The third and most important point is about the legality of General Soleimani’s presence in the respective countries. The presence that was of a political and defensive nature and was defined and agreed upon with the host countries. The brutal and brazen assassination of this great martyr of Islam took place at a time when Commander Soleimani was visiting Iraq at the official invitation and request of the Iraqi government and was considered as a guest of their officials. By taking the responsibility for the assassination of Martyr Soleimani, the former President of the United States of America, Donald Trump, revealed the hypocritical nature of the US stance towards terrorists; proving that it favors them rather than being against them. 

The basic question that arises is that, which international rule or law immunes the former US President, who explicitly took the responsibility of the assassination, from prosecution and punishment? The fact is that exemption of the person who gave the order of killing and those who implemented or facilitate it receive from punishment is a serious threat to peace and security, both in the region and the world, provides a safe haven for the terrorists. 

In fact, the United States intends to threaten any potential movement that could possibly crop up in the future against ISIS and frighten any robust force trying to make regional consensus to fight against terrorism. The important and final point relates to the responsibility, role, and duty of the governments and relevant organizations in showing timely, appropriate and effective response against such acts of terrorism. 

Indifferent and unresponsive reactions of governments to such acts of aggression would encourage the aggressors and will make terrorist acts appear to be normal. This routine, in addition to undermining and neutralizing the principles of the United Nations Charter and the role of international institutions, will further endanger and even scorn the peace and stability of the world. 

Thus, the path and memory of Commander Soleimani will always remain in our minds and hearts. For sure, future generations will be stronger and more vigilant, and American actions will have a reverse impact. Soleimani followers will continue to defend the path of truth and struggle against falsehood. and struggle is not finished by a physical omission.