On July 1, 2024, at the Free Iran 2024 World Summit – Day 3 hosted at the National Council of Resistance of Iran (NCRI) headquarters in Paris, Wolfgang Schomburg, former German Federal Judge, former UN Judge for Rwanda, and former Judge in the International Tribunal for Yugoslavia, delivered a powerful speech.
1. Former UN Judge Wolfgang Schomburg Calls for International Tribunal to Hold Iranian Regime Accountable for Crimes Against Humanity #MaryamRajavi4FreeIran #FreeIran2024 https://t.co/1fkPMC9j6o
— Iran Freedom (@4FreedominIran) July 1, 2024
The full text of Judge Wolfgang Schomburg’s speech follows:
Madam President, dear colleagues and friends of an upcoming free and democratic Iran,
There is no peace without justice, no justice without truth. How can we achieve these values in relation to Iran? It has become, in all three days, that there are extremely serious crimes against humanity and, according to Professor Rehman, even genocide is a proper labeling of these crimes. It’s not only about the crimes in 1988 but there is a focus on it.
We must be aware that it’s an ongoing crime when we look at the most recent crimes and the executions following the last events dating back only two years. And in this context, I want to repeat what Madam Rajavi has already mentioned, but I want to be very clear.
Amnesty International has found out that in the last year, 2023, we had 1,153 executions of death penalty judgments. Among these, we have the first, and I don’t think it’s a very sad global and world record, place one is Iran with 853 executions of the death penalty. This casts already a light on the mentality of the acting regime. And all those being against this brutal punishment, and it’s not only, and I really appreciate it, Madam President, that it’s in your list that you openly call for the abolishment of the death penalty. Thank you for this very much.
We have heard, as I said, about the crimes. But human rights, do they remain as pieces of paper? Hopefully not. We have in the past seen where there is a political will, then we, judges, and prosecutors, can do the necessary. And what we did in the tribunals from Yugoslavia and Rwanda, we completed our mission. Completed our mission and brought to justice high-ranking politicians and members of the military.
People were indeed, as promised by international law, equal before the law. But as I said, it’s only possible if there is a political will to establish international courts or tribunals. It’s possible to prevent the minimum standards abroad having been or still under the pressure of the Mullah regime. And it is necessary to continue with all these efforts. And to cut a long story short, ICC is not and will not be competent. But I think, why isn’t it time to establish, even by the UN, be it now the Security Council or as it happened in the past, by the General Assembly?
In the General Assembly, each country has one vote. We have more than 180 countries and I’m pretty sure that when there would be a decision of the General Assembly, there would be a vast majority in favor of an international tribunal dealing with the crimes committed on the territory of Iran since 1988, until today’s date. And I think we have to fight for this, because how can we have peace in the area when we have not established all the underlying facts and bring justice to the area? So, this would be my first recommendation.
The second would be to have at least an international mechanism to save evidence for all future tribunals and courts. We have two examples in the past established either by the Human Rights Council, double to mechanism, or international mechanism. And this was established in 2018 in relation to Myanmar on genocide, war crimes, and crimes against humanity.
We have to be aware that it was already decided by numerous courts of the world, domestic or international, that international law supersedes domestic law, irrespective of whether it is punishable under the current law of Iran, international law supersedes and therefore we have a good chance to work on this.
And second, we had already in 2016, a similar mechanism to establish the truth about what happened in Syria. And the work, of course, comes never to an end, but it has already been the underlying substance for domestic crimes under the aforementioned principle of international jurisdiction, which is now universal jurisdiction, and we and all the countries can apply this.
But I think there’s also one additional element before we start or when I will conclude with this. I think we should not give up immediately, because there is now a unique chance to get even in the Security Council a majority and without veto, maybe with abstention of the one or another country. Why? Because the death of Mr. Raisi and the elections has re-attracted the attention of the media for, in particular, for his responsibility, in particular in 1988, when we have Mr. Rahman’s report being the trigger mechanism already in the past for one or other establishment of a court.
And third, we also have to be aware that serious enough as they are, there are no longer alone crimes inside Iran. There are also crimes committed abroad, not only the list of 104 people acting in their work in resistance against the Iranian regime. And this has been condemned by numerous countries already. And you can be assured, living in Iran, that we have mechanisms enough in our civilized world to stop, to bring these trials in absentia and judgments over the borders. We have to stop this by rejecting red notices or expeditions. And there are two more present events.
It is time to more and even more investigate the fundamental crimes against the interest of the international community. This is in particular what’s going on in the Red Sea. States in their actions are always driven by their own interests. And the highest interest is international trade. And what we have seen in the Red Sea, and we continue to see, admittedly it’s far more than the media are presenting today, is such an ongoing attack against international trade. And there is no reasonable doubt at present, at least for the prosecution, that behind all these acts in Yemen is the mullah regime in Tehran providing people in Iran with weapons and financial support.
And I think this should be reason enough for the one or other country, normally against international tribunals, to think twice. And second, it was already mentioned, the events of 7th October against Israel. I think also there must be an investigation not only against the leaders of Hamas but also in how far this was supported by the regime in Tehran.
To conclude, the people of Iran, need desperately to see that justice is done. This can only be done, in my mind, by an international tribunal. And if the countries, and I don’t hope that will become true if they don’t open an international tribunal by, say, United Nations, then what we need, and I think this is an invitation to think about this, the People’s International Tribunal for the crimes committed on the territory of former Yugoslavia since 1988 until today.
We have seen in many cases that this was the triggering point for the establishment of a formal court, but also this so-called mock tribunal helps a lot that people in Iran can see that justice is done and we can do, and we do whatever is in our power.
It was mentioned that, yes, the wall came down, nobody dared to say. At that time, I was Undersecretary of State and Minister of Justice of Berlin, and only four days before the wall came down, I would say we thought it would never happen, but four days later we were at the wall and took care and were surprised and hopefully this will also come true in Iran without any bloodshed.
There is hope, and be assured we are with you, but we have to act, we have to act now because we shall overcome.
Thank you.
