Public Law Studies Quarterly

Extrajudicial Killing in International Law: the Case study of Assassination of General Soleimani

Document Type : Article

Authors

Sayed Taha Mousavi Mirkalayee 1
Morteza Pouraziz 2

1 Former Assistant Professor, Department of Public and International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 MA. in International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

https://doi.org/10.22059/jplsq.2021.325560.2798
Abstract
Extrajudicial killing in international law, is the use of intentional and lethal force by states, which is not justifiable under the rules of the right to life and can be carried out arbitrarily without legal authorization and without a fair trial. On January 3, 2020, a US drone strike killed General Qassem Soleimani and his entourage at Baghdad Airport, killing him and his entourage. The United States immediately took responsibility for the attack. This paper seeks to answer the question whether the United States' action against General Soleimani and his entourage at Baghdad airport could be considered extrajudicial killing in international law. The present paperr using a descriptive-analytical methos concludes that the United States has committed extrajudicial killing against General Soleimani and his entourage by arbitrarily depriving them of life, without legal authorization and without a fair trial. In addition to the violation of human rights of the individuals, US action also violated the rules of international humanitarian law and international criminal law. Of course, it should not be forgotten that General Soleimani and his entourage were never sentenced to death in a competent court and through a fair trial.

Keywords

extrajudicial killing
United States action
General Soleimani
right to life
fair trial
Subjects

  1. English

    1. A) Books
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    1. B) Articles
    2. Askary, P. (2020). Taking Territory of a Third State Seriously: Beginning of IAC and the Strike Against Major General Soleimani (Part I). available at: http://opiniojuris.org/2020/01/24/taking-territory-of-a-third-state-seriously-beginning-of-iac-and-the-strike-against-major-general-soleimani-part-i/.
    3. Callamard, A. (2020). The Targeted Killing of General Soleimani: Its Lawfulness and Why It Matters. Just Security, available at: https://www.justsecurity.org/67949/the-targeted-killing-of-general-soleimani-its-lawfulness-and-why-it-matters/.
    4. Calhoun, L. (2003). The Strange Case of Summary Execution by Predator Drone. Peace Review, 15(2), 209–214.
    5. Dvir, B. (2020). In the terrorism fight, Trump has continued a key Obama policy. The Conversation Academic rigour, journalistic flair, available at: https://theconversation.com/in-the-terrorism-fight-trump-has-continued-a-key-obama-policy-129216.
    6. Gross, E. (2001). Thwarting Terrorist Acts by Attacking the Perpetrators or Their Commanders as an Act of Self-Defense: Human Rights versus the State's Duty to Protect Its Citizens. Temple International & Comparative Law Journal, 15, 195-246.
    7. Gurmendi, A. (2020). Raising Questions on Targeted Killings as First Strikes in IACs. available at: http://opiniojuris.org/2020/01/09/raising-questions-on-targeted-killings-as-first-strikes-in-iacs/.
    8. Gurmendi, A. (2020). The Soleimani Case and the Last Nail in the Lex Specialis Coffin. available at: http://opiniojuris.org/2020/01/13/the-soleimani-case-and-the-last-nail-in-the-lex-specialis-coffin/#respond.
    9. Janik, R. (2020). Soleimani and Targeted Killings of Enemy Combatants – Part I: Revisiting the “First Shot”-Theory. available at: http://opiniojuris.org/2020/01/20/ soleimani-and-targeted-killings-of-enemy-combatants-part-i-revisiting-the-first-shot-theory/.
    10. J. Aceves, W. (2018). When Death Becomes Murder: A Primer on Extrajudicial Killing. California Western School of Law, 117-183.
    11. Kretzmer, D. (2005). Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence?. The European Journal of International Law, 16(2), 171–212.
    12. Schueller, A.(2020). Tools to Violate International Law: Armed Drones in Germany and the Government’s Legal Position. available at: http://opiniojuris.org/2020/05/22/tools-to-violate-international-law-armed-drones-in-germany-and-the-governments-legal-position/.
    13. Stoyanova, V. (2018). Causation between State Omission and Harm within the Framework of Positive Obligations Under the ECHR”, Human Rights Law Review, 18(2), 309-346.

     

    1. C) International instruments
    2. American Convention on Human Rights, Adopted at the Inter-American Specialized Conference on Human Rights, San José, Costa Rica, 22 November 1969.
    3. Amnesty International, Israel and the Occupied Territories-state Assassination and other Unlawful Killings, 2001.
    4. Charter of the International Military Tribunal, Nuremberg, Signed in London on 8 August 1945.
    5. Charter of the International Military Tribunal for The Far Eest, Tokyo, Signed on January 19th, 1946.
    6. Convention on the Prevention and Punishment of the Crime of Genocide, Signed on 9 December 1948.
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    14. Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (adopted by the UN Economic and Social Council on 24 May 1989 in resolution 1989/65 and endorsed by the UN General Assembly on 15 December 1989 in resolution 44/162)
    15. Report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967, 59th session, (E/CN.4/2003/30) 17 Dec. 2002.
    16. Rome Statute of the International Criminal Court (ICC), Signed on 17 July 1998 and entery into force on 1 July 2002.
    17. Statute of the International Criminal Tribunal for the (former Yugoslavia), Signed on 25 May 1993.
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    1. D) Internet Sites
    2. E. Lee, Carol and Kube, Courtney, Trump authorized Soleimani's killing 7 months ago, with conditions, Available at: https://www.google.com/amp/s/www.nbcnews.com /news/amp/ncna1113271, Visited at: 10 january 2021.
    3. Hassan Alizadeh Schilser, Comprehensive analysis of the assassination of Martyr Qassem Soleimani from the perspective of international law, Available at: http://irdiplomacy.ir/fa/news/1988674/, Visited at: 3 january 2021.
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    6. Ministry of Foreign Affairs, State Department Spokesman: In the recent events in Iraq, we are facing a kind of American insolence with insults to the Iraqi people, light projections and repeated calculations, Available at: https://mfa.gov.ir/portal/newsview /570596., Visited at: 5 July 2020.
    7. The Iran Primer, Trump Threatens Iran on Iraq, Available at: https://iranprimer.usip.org/index.php/blog/2020/apr/01/trump-threatens-iran-iraq, Visited at: 2 February 2021.
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    9. US Department of Defense, Statement by the Department of Defense, Available at: https://www.defense.gov/Newsroom/Releases/Release/Article/2049534/statement-by-the-department-of defense, Visited at: 3 February 2021.

     

    References in Persian:

    1. A) Book
    2. Joseph, S., Schultz, J., & Castan, M. (2000). The international covenant on civil and political rights: cases, materials, and commentary. London: Oxford University press (In Persian).

     

    1. B) Articles
    2. Khaleghi, A. (2020). Assessing the Possibility of Prosecution of Commanders Who Ordered to Terror Martyr Soleimani. Comparative Study on Islamic & Western Law, 2, 25-62 (In Persian).
    3. Zamani, S. ., &, Berlian, P. (2020). The Americanization of International Lawvand Challenges Meeting International Community: Targeted Assassination of Major Gen. Qassem Soleimani. Comparative Study on Islamic & Western Law, 2, 91-122 (In Persian).
    4. Sartipi, H., Ahmadreza, B., Mosuzadeh, M. (2012). Targeted killing in humanitarian law. Public Law Research, 38, 39-76 (In Persian).
    5. Azizi, S. (2020). Targeted Killing from the Perspective of International Law and US Domestic Law: A Case Study of the Assassination of Major General Soleimani. Comparative Study on Islamic & Western Law, 2, 123-150 (In Persian).
    6. Fazaeli, M. (2020). Assassination of Major General Soleimani under the International Law on the Use of Force. Comparative Study on Islamic & Western Law, 2, 151-188 (In Persian).
    7. Najandimanesh, H. (2020). Legal Assessment of the Possibility of Characterizing the Assassination of Major General Soleimani and Others as a Crime against Humanity. Comparative Study on Islamic & Western Law, 2, 245-275 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 1
Spring 2024
Spring 2024
Pages 355-378

  • Receive Date 14 June 2021
  • Revise Date 29 September 2021
  • Accept Date 26 December 2021

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