Terrorism is one of the crimes that has attracted the attention of the international community and international documents. There have been numerous treaties, resolutions and judicial decisions to prevent and prosecute the perpetrators of this crime. According to the principles of international law, crimes against humanity and war crimes are crimes that are beyond the scope of time. The mujahedin-e Khalq (MEK (can be tried for committing such crimes from the beginning until now.
Yaser Ziayee, an expert on International Law appeared in the nineteenth session of the trial court of the MEK as a legal entity and its 104 high-ranking members. He explained that the material elements of the crime of terrorism, agreed upon by the international community can be extracted inductively; which is as follows:
1- Threatening or acting against the life, property or freedom of private and public persons, which public persons can also be government institutions and places,
2- with the aim of terrorizing a specific population, among the public or the government,
3- with the purpose of performing or refraining from a certain act by the government or the public,
4- with the purpose of seriously disrupting public order and
5- with the purpose of stopping the public service of the person who was assassinated or rioted.
The Professor of International Law stated: In the comprehensive definition, it can be stated that terrorism means threats or acts of violence against the life, property or freedom of private and public persons with the aim of terrorizing the people or with the aim of performing or refraining from a certain act on the part of The government is either with the aim of disrupting public order or with the aim of stopping public service and rebellion; In this definition, three general components of terrorism are emphasized.
UN member states and anti-terrorism treaties
Explaining the three key components, he said: The first component is the threat or act of violence, the second component is against the civilian population, and the third component is for political purposes, which can be public order or putting pressure on the government.
There are obligations for member states of anti-terrorism treaties, and there are also many commitments for all member states of the Security Council, and according to Article 25 of the United Nations Charter, all countries are required to comply with these commitments.
The expert on International law notified that there are 102 resolutions of the General Assembly to fight terrorism and 81 resolutions of the Security Council, among them the commitment of governments to judicial investigation of terrorist acts, control of borders in the fight against terrorism, rapid exchange of information to control terrorism, cooperation with competent institutions to prevent terrorism, prohibiting the transfer of weapons to terrorists, prohibiting the passage or entry of terrorists into the country, trying to identify and track terrorists, prohibiting the provision of internet services, committing to judicial proceedings against the financiers of terrorists and bringing the perpetrators of terrorism to justice.
“Governments that have not fulfilled their commitments to the international treaties and Security Council’s resolutions have committed violations of international obligations,” he concluded.
Extradite or prosecute!
Hosting terrorists, the international responsibility of the individual, group, and government has legal consequences, which include compensation for punishments; Reparation through legitimate defense and countermeasures such as sanctions that are carried out at the level of the executive branch and punishment that is possible at the level of the judicial branch. As with judicial assistance treaties, it is possible to extradite criminals and it is mandatory for governments; Some counter-terrorism treaties include the principle of “prosecute” or “extradite” and we must cooperate in this regard as well.
In law, the principle of aut dedere aut judicare (Latin for “either extradite or prosecute”) refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition.
The Professor of International Law continued to talk about the political nature of the crime by stating that one of the bases for returning criminals to the country they committed the crime in, is the political nature of the crime. Ratification of 13 international conventions indicates the importance of this issue.
About the legality of crime and punishment, he said, “There is a rule of law governing the time of the act, however, terrorism is one of the oldest crimes and the first convention to combat terrorism dates back to 1937; In addition, the Nuremberg Tribunal pointed out that some crimes are so heinous that every waking conscience dictates its conviction.”
Thanks to its hefty financial resources, the MEK has a network of offices in several western countries. However, Albania and France are the two main countries that host MEK members, especially the 104 people who are the defendants of the court in Tehran. The whereabouts of the main accused of the court, Massoud Rajavi, is not known. He has been disappeared since 2003.
