Feasibility of Filing Lawsuits in International and Domestic Courts Over the Assassination of General Soleimani and His Companions
US action in assassination of senior Iranian and Iraqi military officials, including the martyred General Soleimani and Abu Mahdi al-Mohandes, is a clear example of State terrorism and violates the most important rules of international law, including the right to life, prohibition of use of the force, respect for sovereignty of the States and the principle of non-intervention in domestic affairs of other countries. The Trump administration has also violated US domestic law by failing to comply with the Senate. One of the harsh revenge measures emphasized by the Supreme Leader of the Islamic Revolution can be a victory in the legal war and litigation in the courts. So, the main question in this article is, what is the legal basis for pursuing this case? The result of the descriptive-analytical study of the authors, by using the case study and utilizing library resources, shows that the most effective legal mechanisms are litigation before international court of Justice (ICJ) under the convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (1973), as well as trying to establish a hybrid court, in particular by concluding an agreement with UN General Assembly or organization of Islamic Cooperation (OIC). However, these measures require consideration of political and legal consequences of each method and before that, the Iraqi authorities' political will to cooperate with international organizations is the main condition for any action.
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