Informal Tribunals: Lessons for Dealing with Global Injustices

1. Gresham 2013-2014, No 2 The Women’s International War-Crimes Tribunal on Japan’s Military Sexual Slavery organised by various non-governmental organisations; and THE IRAN TRIBUNAL The informal Iran Tribunal dealt with the atrocities of the regime of the Ayatollahs in the 1980’s. In the absence of the UN being prepared to do anything to record the crimes in a formal way, Diaspora from around the world worked together to established an informal tribunal that prepared an authoritative report in 2013 condemning the Iranian regime concerned. As a case study the work of this tribunal provides may lessons for the citizen who is dissatisfied with the performance of bodies that may be reluctant to deal with politically difficult problems in faraway places. At this lecture there will be accounts of the nature of the torturing of individuals with a contribution - video or in person - from an imprisoned victim explaining how it was possible to maintain sanity and to survive in circumstances where many would succumb

3. Yasuji Kaneko

9. Shortly before the executions commenced, Iranian leader Ruhollah Khomeini issued "a secret but extraordinary order - some suspect a formal fatwa." This set up "Special Commissions with instructions to execute members of People's Mojahedin Organization of Iran asmoharebs (those who war against Allah) and leftists as mortads (apostates from Islam)." In part the letter read: «از آنجا که منافقین خائن به هیچ وجه به اسلام معتقد نبوده و هر چه میگویند از روی حیله و نفاق آنهاست و به اقرار سران آنها از اسلام ارتداد پیدا کردهاند، با توجه به محارب بودن آنها و جنگ کلاسیک آنها در شمال و غرب و جنوب کشور با همکاریهای حزب بعث عراق و نیز جاسوسی آنها برای صدام علیه ملت مسلمان ما و با توجه به ارتباط آنان با استکبار جهانی و ضربات ناجوانمردانهٔ آنان از ابتدای تشکیل نظام جمهوری اسلامی تا کنون، کسانی که در زندانهای سراسر کشور بر سر موضع نفاق خود پافشاری کرده و میکنند، محارب و محکوم به اعدام میباشند.» (رضایی و سلیمی نمین، پاسداشت حقیقت:147) Translation: "Since: PMOI members do not believe in Islam, while pretending otherwise. Due to their systematic military war in the northern, western and southern Iranian borders ... Due to their cooperation with Saddam Hussein in war against Iran ... Due to spying against Iran ... Due to their connections with Western powers ([acting against Iran's independence]) ... all those jailed PMOI members who continue supporting PMOI and its positions are considered militant enemies and need to be executed."

10. The Crimes committed against these survivors remain one of the greatest unacknowledged and unremedied injustices of the Second World War. There are no museums, no graves for the unknown "comfort woman", no education of future generations, and there have been no judgement days for the victims of Japan's military sexual slavery and the rampant sexual violence and brutality that characterized its aggressive war.

11. Accordingly, through this Judgment, this Tribunal intends to honor all the women victimized by Japan's military sexual slavery system. The Judges recognize the great fortitude and dignity of the survivors who have toiled to survive and reconstruct their shattered lives and who have faced down fear and shame to tell their stories to the world and testify before us. Many of the women who have come forward to fight for justice have died unsung heroes. While the names inscribed in history's page have been, at best, those of the men who commit the crimes or who prosecute them, rather than the women who suffer them, this Judgement bears the names of the survivors who took the stand to tell their stories, and thereby, for four days at least, put wrong on the scaffold and truth on the throne

13. Ghapani Ghapani

14. FATWA In the name of God, the benevolent and the merciful. Since the treacherous munafiqin [Mujahideen] do not believe in Islam, and whatever they say is stemmed from their deception and hypocrisy; and since, according to the claims of their leaders, they have become apostates of Islam; and since they wage war on God and are engaging in classical warfare in the western, northern and southern parts of the country with the collaboration of the Baathist party of Iraq, and are spying for Saddam against our Muslim nation; and since they are tied to the World Arrogance and have inflicted treacherous blows to the Islamic Republic since its inception, it follows that those who remain steadfast in their position of hypocrisy in prisons throughout the country are considered to be mohareb [waging war on God] and are thus condemned to a sentence of death, and determination of this issue in Tehran shall be with a majority decision of Messrs Hojat-ol-Islam, Nayyeri (may his life be prolonged), and his excellency Mr Eshraghi, and a representative of the Ministry of Information. The preference, however, is unanimity. And in the same manner, in the prisons in the centre of provinces, the majority decision of the religious judge, the revolutionary prosecutor or his assistant, and the representative of the ministry of information shall be binding. It is naïve to show mercy to moharebs. The decisiveness of Islam before the enemies of God is among the unquestionable tenets of the Islamic regime. I hope that you satisfy the almighty God with your revolutionary rage and rancour against the enemies of Islam. The gentlemen who are responsible for making the decisions must not hesitate, nor show any doubt or concern with details. They must try to be most ferocious against infidels. To hesitate in the judicial process of revolutionary Islam is to ignore the pure and holy blood of the martyrs. Greetings, Ruhollah Musavi Khomeini

15. JUIRISDICTION • The Prosecution charged the Islamic Republic of Iran with crimes against humanity. It was therefore the Tribunal’s mandate determine: • Whether the alleged violations of human rights had occurred; • Whether these violations constitute crimes against humanity; and, • Whether as a matter of international law the Islamic Republic of Iran has breached its international human rights obligations towards its citizens

16. VERDICT • The Islamic Republic of Iran has committed crimes against humanity in the 1980-1989 periods against its own citizens in violation of applicable international laws; • The Islamic Republic of Iran bears absolute responsibility for the gross violations of human rights against its citizens under the International Covenant of Civil and Political Rights; and, • Customary International law holds the Islamic Republic of Iran fully accountable for its systematic and widespread commission of crimes against humanity in Iran in the 1980-1989 period. Made in The Hague on this fifth day of February 2013

20. The next in the series of free public lectures by Sir Geoffrey Nice QC: Law as a New Religionand Other Topics Wednesday 4th December, 6pmGresham College, Barnard’s Inn Hall, EC1N 2HH Law is everywhere providing answers to almost everything. Ever larger numbers of students want to be part of the legal mechanisms that control us, regulate us and take over from politicians when politicians sense their own incapability. It is almost a new religion. In this lecture – and in the discussion to follow – some of the issues dealt with in earlier years by Professor Bogdanor (such as in his lectures, Judges or Legislators: Who Should Rule?, The Judges and the Constitution and The Human Rights Act: Cornerstone of a New Constitution) will be reviewed as will the effect of Europe on our law. www.gresham.ac.uk