IMPUNITY AND IMMUNITY? PROSECUTING HEADS OF STATE

Last night in Sydney, the Australian Red Cross in conjunction with the school of law of the University of Sydney conducted a seminar on international law. The topic was ‘the prosecution of heads of state’.

The panel members were comprised of associate professor Steven Freeland, associate professor in International Law at the University of Western Sydney; and

Graham Blewitt, the Deputy Chief Prosecutor at the War Crimes Tribunal in The Hague between 1994 and 2004. He was involved in the prosecution of Slobodan Milosevic. Prior to this, he also was the Director of the Nazi War Crimes Unit in Australia; and

Mark Ierace SC, the Senior Public Defender at the NSW Public Defender’s Office, and an expert in International Criminal Law. He was a Senior Trial Attorney at the UN Criminal Tribunal in the ICTY, leading the prosecution in the trial of General Galic. He is a Visiting Fellow in International Criminal Law at UNSW.

The panelists discussed the possibility of the prosecution of heads of state for the crimes committed against humanity and the international law during their terms in office. The political and legal obstacles to achieve this goal were widely discussed.

The issue of the current situation in Iran after the presidential election there has been raised. One of the main concerns was the crimes committed against the Iranian people in the aftermath of the election. Questions have been raised about the responsibility of the Supreme Leader, as the head of the armed forces and their paramilitary divisions, and also the president and his responsibility and control over the police force.

The seminar was informative. The panelists along with the audience were all optimistic for the prospect of the future prosecutions. They were hopeful to see more heads of state indicted by the International Criminal Court for their crimes committed while in office.

WELCOME TO IRAN, A NEW POLICE STATE OF THE MIDDLE EAST

Mohammad Kamranni, a young 18 years old, is the latest victim of the state orchestrated criminal activities in Iran.

Mohammad had sustained horrific injuries while in custody; on 20 July, he died in hospital in Tehran.

In the aftermath of the presidential-election so far, scores of people have been killed, injured and hundreds more detained by the authorities.

Official dead count by the government authorities grossly contradicts the non-official sources, independent sources put the numbers much higher. The authorities, in many cases, have kept families of the victims in dark for days or even weeks.

United Nation and its human rights and judiciary annexes must investigate the crimes committed by the official and/or non-official authorities in the post-presidential-election in Iran. This is the least the international community could do in respecting the young Iranians who have sacrificed their innocent lives for freedom.

Hassan Nasrollah, Terrorists are not allowed in Iran

I was coming home yesterday afternoon. In my car I was listening to the BBC on the radio and there was an interview with a Lebanese journalist, the topic was the last year presidential election in Iran.

The journalist was asked about rumors that the Islamic Republic has conveyed undisclosed number of Lebanese terrorists - from the terrorist group Hezbollah - to Iran in order to quell the people's protests against the autocratic regime in Iran. “Mollas and Hezbollah are close friends,” he replied. Mollas being a friend of the terrorist group was not news to me; however, the transportation of the terrorists to attack Iranian people on streets of Iranian cities was a shock.

When I got home, I went online and check the BBC news, I could not believe my eyes; Hassan Nasrollah – the Hezbollah leader – has commented about the Iran’s election. “Forty million Iranians have voted for the Spiritual Leader of the Islamic Republic – Ali Khameneei,” he has claimed in his speech the night before in Beirut. I was outraged and disgusted.

How dare you, you little terrorist, to comment about the people of Iran and their country?! If Mollas have been paying you hundreds of millions of dollars of Iranians’ money each year for decades just to use your little terrorist group as leverage against the world; it does not mean that a terrorist, like you, is allowed to talk about the Iranian people affairs.

Iranians must slap this little creature so badly that he never ever again dares to butt into their affairs.

Ahmadi Nejad Blocks Facebook

President Ahmadi Nejad of Iran is always consistent to give us something to poke him in the eye. His government has blocked the Iranians' access to facebook since yesterday.

Apparently Mr. Ahmadi Nejad has been worry about the way his opponents were capitalising on the facebook for the purpose of the presidential-election campaign against him. Since yesterday the blockage has outraged the Iranian Young and created a backlash inside the country. They reacted angrily by posting comments all over the Internet.

One only wonders that who are the brains behind such a political blunder. The simple question is that if Mr. Ahmadi Nejad and his colleagues think they can ignore the Iranian Young, their right to use the Internet freely, deny them the right to express and sharing thoughts with their fellow citizens and the outside world; and getaway with that? It seems that Mr. Ahmadi Nejad has shot his own foot.

Iranian Young will respond at the polling booths!

The Belated Release of Roxana Saberi Is Welcomed

Common sense has prevailed and Roxana Saberi, the US-born Iranian journalist, has been freed from custody in Iran.

Since 2003, she has been living and working as a freelance journalist in Iran. However, since January this year - citing some blurry charges by the Iranian authorities - she had been imprisoned in Iran.

Although I personally am a little bit disappointed at the belated freedom of Ms Saberi, nevertheless her release was well overdue and it is welcomed.

Now that the Ms Saberi’s predicament and the political fervor surrounding it are over, we can concentrate on the most important issue for the Iranian people, the country, and the outside world, the 2009 presidential election in Iran. It is a mission which left in the hand of the Iranian people. The mission has three main objectives as follow:

1. It will send a clear message to the outside world that Iranian people are well capable of handling their national political calamity.

2. Iran is a peaceful country and its people are friendly and responsible citizens of the world.

3. They are going to offer the Iranian version of Obama with an unclench fist to shake hand with his American counterpart, President Obama.

YET ANOTHER SHAMEFUL POLITICAL BLUNDER IN IRAN

In our life we sometimes witness such an acute injustice which makes us feel hopelessly useless; that is when we left with no choice but to cry.

I had the feeling yesterday when I read the last telephone conversation Delara Darabi, the poor girl who has been hanged in Iran, had with her mother. “Mother, I can see the hangman’s roping, they are going to execute me, please save me”, said Delara. Imagining the helpless status of the poor girl against those heedless predators around her; I cried hopelessly!

She was not supposed to be hanged for at least the next two months. The head of the Islamic Republic Judiciary had ordered to hold her dead sentence, while her parents try to get the plaintiffs’ consent. In the Iranian legal system, the consent of the victim's family is the last resort to spare the convict life.

The prison authorities have acted against the order of the head of the Judiciary. They have also breached the law by not informing her lawyer at least two days prior to the execution.

Thanks to her art works, the Delara’s case had generated such international interest that the more moderates in the political establishment, through the head of the Judiciary, have successfully responded to the international community’s concern.

However, the hardliner in their attempt to sabotage this latest move by the more moderates to have a meaningful communication with the western world sacrificed the poor girl! That was yet another shameful political blunder in the Islamic Republic of Iran.

This time, they preyed upon the Delara’s frail body.

An old Farceur Who Is Not Funny AnyMore

Mr. Ahmad Jannati is the chair of the Guardian Council of the Constitution of the Islamic Republic of Iran and he has been a funny man for decades; but not anymore.

Recently he has been talking to the Friday Prayers in Tehran, and in his remarks he referred to the up-coming presidential election in Iran. He has been quoted as saying that 'Iranian presidency is not such a trivial matter which we just give it away.'

His political sense of humor has been the subject of the Iranian Young's jokes for years and now; I realise why! He, in fact, was suggesting that it is him and a bunch of his colleagues in the Guardian Council who elect president for the Iranian people and Not the Iranian people themselves! He is a farceur. Nevertheless, the only inference I can derive from the funny comment is that he might have been implying the election of the current president Ahmadi Nejad into the office almost four years ago; or for that matter, the entire presidential elections have been conducted in the life-time of the Islamic Republic in Iran!

However, no matter how funny this guy is, at this crucial time when Mr. Obama is waiting for the new Iranian president, offered by the Iranian people, to shake hand with, he does not sound funny at all.

Another implication of that suggestion, however, is that he and the rest of the old farceurs of the council can swim - in the current world-political-ocean without a life jacket; called 'Iranian People' - and not sink.

I have a simple message for them: I am much younger than all of you, and I am also a good swimmer; it is scary!

Saving Lives Is Their Business

Australian Red Cross Blood Bank(ARCBB) has several thousand regular donors, I am proudly one of them.

We will be qualified to donate almost 500ml of our blood every three months. Knowing our little gift can save lives, we donate our blood by joy and satisfaction.

Today was my turn, I went to the Parramatta's, a Sydney suburb, branch of the ARCBB and they took my little gift.

Wherever you live, you can also save lives by donating your blood. It is easy and simple. You can go to the ARCBB's website here, or call them on 13 14 95 in Australia.

Khatami Has Given Way to Mosavi

Now that Mohammad Khatami - former Iranian president - has withdrawn from the country's coming-up presidential-election; he has introduced Mr. Mir Hossein Mosavi - the first and the last Iranian prime-minister of the revolution's time as his favourite candidate.

Mr. Mosavi is - more or less - an unknown figure to the new generation Iranian voters inside the country. He has not been a public personality - at least in the Islamic Republic political-landscape - for the last 20 years. He had been the first and the last prime minister of the country in 1980s - the Islamic Republic changed its executive system of government during his term and removed the prime ministership position. He had served under Mr. Ali Khameneei's presidency - then president and the current Spiritual Leader of the Islamic Republic.

Beside of being unknown to the Iranians however, Mr. Mosavi certainly is, in comparison with Mr. Khatami, a stranger to the outside world as well.

This could somewhat justify the Mr. Khatami's action to be the first person to name him as a potential candidate - "if Mr. Mosavi is ready to run for the office then I will not come", said Mr. Khatami. It was Mr. Khatmi himself who brought him to the fore. Now that Mr. Mosavi is a candidate, Mr. Khatami is gone.

Nonetheless and regardless of who is who and who is going to compete in the coming election, it is the Iranian people who are responsible to offer their best candidate to the world. After all, the well-being of the Iranian people and the country economically, the security and national interests of the country, the Middle East peace and stability and in a broader sense the world peace are somewhat depended on the way in which the next Iranian president and his administration engage the outside world.

Former Iranian President at La Trobe University

Last Thursday Mr. Mohammad Khatami - former Iranian president who is visiting Australia - was at La Trobe University in Melbourne.

He had been invited to the University by professor Joseph Camilleri - chair of the Centre for Dialogue.

Mr. Khatami was Iran's president for two terms between 1997 to 2005. During his second term in office in 2001, he originated the theory of Dialogue Among Civilization - a response to Samuel P. Huntington's theory of Clash of Civilization . His idea thus was to facilitate a world-stage where world political rivals could sit and work-out their differences. His idea has been since well-received around the world.

The La Trobe Centre for Dialogue is one of many such centres established around the world. The Melbourne's successful experience was an example. A strong, over 2000, assembly of enthusiastic people - both of Iranian origin and the Australian - have embraced Mr. Khatami. Mr. Khatami talked about the need for peaceful dialogue through out the world. At the same time, he also touched the political issues between Tehran and the west - specifically the US. He suggested that all of the standing issues between the two could easily be addressed provided both side genuinely willing to come at the discussion table. That was a positive message for the White House.

Nevertheless, Iran will go to a presidential-election in two months time and Iranians have a burden on their shoulders - responding to their American counterparts. Iranians are expected to respond to the American people whom sent president Obama into office. A president who talks different and ready to shake hand with the Iranians chosen president.

There is light at the end of the tunnel; at least I hope.

Iranian New Year Is Here

The Iranian New Year - Nourooz - has officially started. It starts with a widely celebrated festive event mostly at homes of Iranian people wherever they are, it called Eid Nourooz.

Millions of Iranian inside and out of the country celebrate the Eid.

I wish all the Iranian living inside and out of the country a happy and prosperous year.

Khatami is coming to Melbourne

It has been a while since my last post. I have been busy preparing for the first semester of the year 2009. However, now that the preparation is done and the units are up and running, I would like to write about an event which - I believe - is a matter of importance to us all. Mohammad Khatami - former Iranian president - is due to come to Australia on 26 March.

He has been invited to the La Trobe University in Melbourne by professor Joseph Camilleri - a senior lecturer on International Relation Studies. He will be talking about the importance of dialogue between the world political rivals for the purpose of finding solutions for their differences.

Attendance is open to the members of public with a very reasonable entrance fee of $5. I will be there.

You can find the relevant details here!

Khatami is back into the presidential election-race again

After months of speculation, Mohammad Khatami, the former Iranian president, is back into the next presidential election-race in Iran, and for a good reason.

He has already been in office for two terms between 1998-2006, later in 2005-6, he has been succeeded by the current infamous Iranian president - Ahmadi Nejad. The invasions of Afghanistan and Iraq by the US came right in the middle of his terms in office. At the time of the Iraq's invasion, his government had offered its cooperation to the US and also its readiness to talk with the then Bush's administration over their differences. However, it has been suggested that Mr. Cheney, the US Vice President at the time, had thrown his government's offering letter into the rubbish bin - not a wise move at all. However, the Cheney's unwise move has been matched by Tehran when it produced the current president Ahmadi Nejad to handle the unwise people in the White-House; and ever since the Bush-Cheney's team had met their match.

It took more than 3 years and lots of effort by Tehran to turn the tide against the White-House - and it did it well. Since the acquisition of the presidential office, Ahmadi Nejad and his government - read it Tehran - has constantly been in business of creating more headaches for the US than the both wars in Afghanistan and Iraq together.

Now, however, the election of Mr. Obama as the new tenure of the White-House for the next four years has such significant effect on the Tehran-Washington relation which Tehran can not possibly afford to ignore. This has made Tehran cautious in its responses to the White-House's signals over the past three weeks.

And this latest news out of Iran - the Khatami's candidacy - is a proper response to the Obama's comment days ago in which he had emphasized that "now, it is Tehran's turn". After 30 years of mistrust between the two countries, I am sure both American people and the Iranian young generation would like to see the mistrust fade away.

Mr. President, there is no need for rush

The Obama’s administration has been beaming encouraging signals toward Tehran this week.

However, one would safely expect their studies and planning stages on how to engage Iran take a little bit longer just to see through the Iranian presidential-election first.

It all started in an interview with the Al-Arabia TV Network in which president Obama asked Iran to unclench its fist in order to make it possible to shake hands. He wants Iran to show its interest in a meaningful way. However, the meaningful-way is open to the interpretation, it encompasses a wide range of activities on the Iran's part. For instance, the Iran's nuclear ambition and its stand on the Arab-Israeli predicaments are the prominent ones.

A day prior to the Mr. Obama's interview, Ms. Susan Rice, the new US’ delegate to the United Nation, has been quoted as saying that the US will enter a ‘vigorous diplomacy’ with Iran. Hillary Clinton, the new Secretary of States, was playing the same tune since she has been appointed to her position.

Nonetheless, the Obama’s stand against Iran was clear through out the US election-campaign - he had explicitly expressed his willingness to talk to Tehran directly and without any preconditions. That was a step in the right direction; however, it is important not to send a wrong message to Tehran. Tehran should not be under such perceived illusion that the Tehran-Washington game is over in its favour. Washington and Tehran should both be pragmatic and realistic – I am confident that they are – they both are aware of their own national interests and their security’s concerns.

Nevertheless, the Obama’s administration is just two-weeks old whereas the Ahmadi Nejad’s government has less than 3 months in office and it is facing an election. For Mr. Obama, it would be unwise to approach a government which may well be out of office soon. He and his advisers can surely do more studies and planning to be well prepared just in time to then engage a new and more stable administration in Tehran.

President Barack Obama has made the history of the United States of America

In front of almost two million jubilant Americans president Barack Obama has been inaugurated into the highest office in the United States of America. It was a great moment not only for the American people, their country and its history, but for the rest of the world as well.

The Cheering crowd welcomed the 44th US president to lead them through many problems, or as the president put it ‘crises’, their country is facing.

During his inauguration speech president Obama articulated the crises into the both domestic and international ones. The domestic ones are apparently concerned with the US financial crisis, economic recession, lose of jobs etc. The international ones, however, if not more challenging, are as equally important.

One of the renowned international challenges of president Obama and his neonate administration is dealing with Iran and its nuclear ambition. For the past 8 years, Iran has been one the major obstacles to the implementation of the United States’ foreign policies, particularly in the Middle East. It still is and it remains to be, unless the Obama's famous oratory comes handy at the negotiation table with his Iranian counterpart.

During the US election-campaign, president Obama has been talking about a change-over to meet the US’ political challenges in the world. He was talking about talks, dialogues, understandings and more respect towards his political rivals rather than being a tough guy and the world’s bully as his predecessor, George W Bush, used to act.

Those talks about his new ideas worked beautifully, he made the history, and the US people gave him an opportunity and a mandate to implement his ideas for a new United States.

We have to wait and see.

Mr. President, world is watching impatiently.

Madness at the highest level of the Israeli-Palestinian politics

Israel has been pounding the Gaza Strip for a while now. After days of heavy bombardments, from air, sea and the artillery, its ground troop along with their tanks and armored vehicles has now moved into the territory.

This is madness. A madness which is laid right at the top of the both sides of the Israeli and the Palestinian political apparatuses. Israel and the Palestinian Authority in Gaza, Hamas, have had a truce in place for many months. The truce had expired just 6 days prior to this incomprehensible madness.

Apparently after expiring the truce, Hamas had started firing rockets over to Israeli towns. And in response, Israel has started the imprudent actions in Gaza. The dispropotionate response of Israel is dangerous. It has been tried before, it has not worked, and most likely it will not work this time around too. It only creates a furor of hatred and revenge. No-one will be benefited from the calamity in Gaza, and it has the potential to turn the entire region into a cauldron.

Furthermore, if we add the current situation in Gaza to the strategical importance of the Middle East to the broader world, then we have a serious problem on our hand. That is why the Security Council of the United Nation has immediately called for an emergency meeting to discuss the situation. However, the only irresponsible member, in this occasion of course, of the council with the veto power, the United States, was naive enough to ignore the gravity of the situation. But needless to say, it is the same administration which after 8 years in office has managed to get the United States into its current miserable international status.

One can only hope and should desperately search for more talented people in the new US administration, president-elect Obama certainly proved to be one. we need more.