The Open Law Journal

2009, 2 : 8-15
Published online 2009 March 11. DOI: 10.2174/1874950X00902010008
Publisher ID: TOLAWJ-2-8

Crimes Against Humanity in Iraq: The Case Against Iran

Gabriel Lajeunesse
Institute for the Study of Diplomacy, Georgetown University, 1316 36th St NW, Washington DC 20007, USA

ABSTRACT

Sectarian violence in Iraq has decreased significantly, but a lack of justice for the victims could rekindle passions. Particularly grave are those violations of human rights and humanitarian law committed by Shia militias sponsored by Iran. This paper finds that there is significant evidence supporting Iranian culpability as an accessory for facilitating, aiding and assisting Shia death squads in their commission of crimes against humanity in Iraq. However, there is insufficient data to determine if Iran exercised the level of control necessary to demonstrate state liability. These are facts that should be determined. To increase the chances of justice and long-term reconciliation, the United Nations Security Council should act now and refer Iran to the Prosecutor of the International Criminal Court for investigation of these alleged crimes.

Keywords:

Civil liability, policing, investigation.