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Iran has a 'shockingly strong' war-crimes case against Trump over Soleimani's killing

Charlemagne

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Iran has a 'shockingly strong' war-crimes case against Trump over Soleimani's killing — and it could win

Mitch Prothero

Jan 15, 2020, 10:10 AM

Iran says it will pursue war-crimes charges against President Donald Trump at the International Criminal Court in the Hague over this month's assassination of Gen. Qassem Soleimani.

A legal expert told Insider that Iran would have a good chance of winning any case at the ICC.

The US has defended the killing by saying that Soleimani posed an "imminent" threat to the US.

Agnes Callamard, UN Special Rapporteur on Extra-Judicial Executions, tweeted that the bar for justifying lethal action in such circumstances is extremely high and requires a threat level that the US has so far failed to identify.

A NATO military attaché in the Middle East told Insider that the case against the US is "shockingly strong."


Iran will pursue war-crimes charges against President Donald Trump at the International Criminal Court in the Hague over the January 3 assassination of its top commander, Gen. Qassem Soleimani, outside Baghdad's international airport,.according to Gholam Hossein Esmaeili, the spokesman for Iran's top judicial authorities.

"We intend to file lawsuits in the Islamic Republic, Iraq and The Hague Court [International Court of Justice] against the military and government of America and against Trump," Esmaeili said at a Tuesday press conference.

"There is no doubt that the US military has done a terrorist act assassinating Guards Commander Lt. Gen. Soleimani and Second-in-Command of Iraq Popular Mobilization Units (PMU) Abu Mahdi al-Muhandis ... and Trump has confessed doing the crime."

Since the killing, Iran's leadership has vowed political, military, and legal revenge for what they call an unlawful killing of one of their greatest military heroes.

Soleimani was well known throughout the Middle East for his diplomatic and military acumen.

The US faces a PR embarrassment if the case gets to trial — because Iran could win

Iran's response to the assassination so far has, however, been complicated by the accidental downing of a Ukrainian airliner last week.

While the US is not a signatory to the international court — US presidents have long contended the venue could be used by America's enemies in cases like this to pressure its foreign policy — it still faces a public-relations burden if the case goes to trial.

This is because according to at least one internationally recognized expert, Iran could win.

Shortly after Soleimani's death, Agnes Callamard, UN Special Rapporteur on Extra-Judicial Executions, tweeted that the bar for lethal action by a nation claiming self-defense — as the Trump administration has repeatedly claimed— is extremely high and requires an imminent threat that the US has so far failed to identify.

"The targeted killings of Qasem Soleimani and Abu Mahdi al Muhandi most likely violate international law [including] human rights law," she wrote. "Lawful justifications for such killings are very narrowly defined and it is hard to imagine how any of these can apply to these killings."

An attack needs to be imminent to justify such a killing, and this one may not meet the standard

In another tweet, Callamard explicitly broke down how the Trump administration's claims that Soleimani posed an imminent and ongoing threat to US interests failed to reach the bar set by international law.

The White House statement "mentions that it aimed at 'deterring future Iranian attack plans,'" she wrote. "This however is very vague. Future is not the same as imminent which is the time based test required under international law."

A NATO military attaché based in the region told Business Insider that while the case has yet to be formally filed, it could pose significant problems for the US and its NATO partners, should the court rule against the Trump administration.

'The case against the Americans is shockingly strong'

"Keeping distance between the Americans and Europe is most of Iran's broader plan right now."

"If this case happens — I suspect there are some reasons Iran might not want to take this mess to an international court for their own reasons — but if it does go forward, the case against the Americans is shockingly strong," the official, who asked not to be named, said.

"On the face of it, the killing of Soleimani for reasons specifically cited by Trump is probably illegal. Do the Americans have a stronger case then they're showing us?

"I would assume so, but there's little chance of them participating in a Hague trial, so all the evidence will be what Iran delivers along with public statements."

"And these statements will not look good in a courtroom," the official added.

https://www.businessinsider.com/trump-iran-qassem-soleimani-war-crimes-lawsuit-could-win-2020-1
 

nottyboi

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When Trump leaves office Iran will have even better drones then it has today... Trump will be very nervous.
 

onthebottom

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Laughable to see Iran complaining about war crimes.
Irony meets the self unaware.....

Meanwhile, the idiot terrorist cheer leaders spawn threads....
 

Frankfooter

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Laughable to see Iran complaining about war crimes.
Iran says that Americans are terrorists.
You claim you're allowed to kill terrorists, is that true when the Iranians say it as well?

Let Iran take the US to the ICC and let others then take Iran there as well.
Make them all stop committing war crimes.
 

basketcase

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Almost as funny as when you see 'merica complaining about war crimes, 'eh?
Another person who uses political partisanship instead of their brain.

In case you missed it, Canada considers Soleimani's group a terror entity.
 

Knuckle Ball

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The fact that this is even a thing is an embarrassment to the US.
 

apoptygma

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Another person who uses political partisanship instead of their brain.

In case you missed it, Canada considers Soleimani's group a terror entity.
Nothing partisan about facts.
'merica is one of the worst perpetrators of war crimes. Full stop. They always have been.
 

basketcase

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Nothing partisan about facts.
'merica is one of the worst perpetrators of war crimes. Full stop. They always have been.
I'd still put my money on a good 60 or 70 countries as being worse than the US. Russia and China have pretty good batting averages these days.

Biggest difference between the world's major players is that Americans aren't thrown in jail or killed off for criticizing things about their government.
 

Big Sleazy

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Of course it's a War crime. You assassinate a Iranian General and an Iraqi Military commander and you've not even declared War on the Country ( Iran ) and Iraq is supposedly an ally in the region. But it doesn't matter. America and Europe have been ignoring International Law since the day it was created. Same with Israel. They don't give a flying F*&k what anybody say's. But they certainly have zero moral grounds to stand on. America has gone completely rogue. It's leadership is void of any intelligence or ethical standing. If they didn't have the World's Reserve Currency the Country and the Banks would collapse. Not only are they morally bankrupt but they're economically bankrupt as well.
 

nottyboi

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I'd still put my money on a good 60 or 70 countries as being worse than the US. Russia and China have pretty good batting averages these days.

Biggest difference between the world's major players is that Americans aren't thrown in jail or killed off for criticizing things about their government.
Well I guess Assange isn't American ...
 

apoptygma

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Biggest difference between the world's major players is that Americans aren't thrown in jail or killed off for criticizing things about their government.
Nope. americans are just thrown in jail for 40 years for stealing a microwave when they were 13.
Gotta keep that corporate wheel turning.
 

basketcase

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Nope. americans are just thrown in jail for 40 years for stealing a microwave when they were 13.
Gotta keep that corporate wheel turning.
Which is a totally different thing.

But if you want to discuss it, would you prefer to live in a religious dictatorship where it's 40 years for a woman who drives or goes to a soccer game or where you disappear for posting a joke about your leaders on social media?
 

Liminal

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Which is a totally different thing.

But if you want to discuss it, would you prefer to live in a religious dictatorship where it's 40 years for a woman who drives or goes to a soccer game or where you disappear for posting a joke about your leaders on social media?
You really know your stuff

“In Iran, women not only drive but can hold public office, and attend university.”

https://en.wikipedia.org/wiki/Women_in_Iran
 

Charlemagne

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Non-Western media are reporting that the Iranians are investigating a potential cyber attack that made them think the plane they shot down was a cruise missile.
 

basketcase

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You really know your stuff

“In Iran, women not only drive but can hold public office, and attend university.”

https://en.wikipedia.org/wiki/Women_in_Iran
I know that Iran and Saudi Arabia are different places. Iranian women do have more rights than Saudi women but the whole soccer thing is a real story.
https://nypost.com/2019/09/10/femal...il-for-entering-stadium-sets-herself-on-fire/

More importantly, both of them are run by religious dictators who don't care at all about rights.

But if you think Iran is a better place to live than the US, no one is stopping you from heading over there. Of course despite your proclamations, even you have enough sense to not even vacation there.
 

basketcase

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Non-Western media are reporting that the Iranians are investigating a potential cyber attack that made them think the plane they shot down was a cruise missile.
And your comment on it? Do you think there is any possibility or are you doing one of Trump's "people are saying..." things?
 

apoptygma

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Which is a totally different thing.

But if you want to discuss it, would you prefer to live in a religious dictatorship where it's 40 years for a woman who drives or goes to a soccer game or where you disappear for posting a joke about your leaders on social media?
Factually incorrect.
 
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