Why Iran’s 1988 Massacre Is A Genocide

iran-photos-massacre1988-victims-min
Written by
Saeed Sepahi

Photos of some of victims of 1988 massacre of political prisoners in Iran. Some 30,000 mostly members of MEK were executed.
The term “crimes against humanity” encompasses violent actions that trample upon human dignity, including state-sponsored suppression aimed at eliminating dissenters and large-scale operations intended to destroy specific groups.

The 1988 massacre of political prisoners in Iran was a thoroughly planned and widespread attack, resulting in the loss of 30,000 lives. This atrocity had been prepared months in advance and executed under the orders of then-Supreme Leader Ruhollah Khomeini and the highest authorities of the regime. It clearly demonstrated a systematic and organized pattern.

The victims of this massacre were individuals who had not participated in armed conflicts. According to statements from religious jurists and the judiciary of this regime, those arrested during armed confrontations were supposed to be executed on-site, and therefore, none of them shall be subjected to imprisonment or sham trials.

Hence, there is no room for doubt that the 1988 massacre falls squarely under the definition of “crimes against humanity,” based on the aforementioned procedures and conditions.

Genocide
The term “genocide” was first proposed by Raphael Lemkin. Influenced by the Holocaust and driven by the determination of this Polish lawyer, the United Nations adopted the Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948.

Genocide is any act committed with the intent to destroy and physically eliminate a part or the whole of a racial, ethnic, national, religious, or ideological group. It is punishable whether committed during peace or war.

This crime includes the following acts:

Killing members of the group.
Causing serious physical or mental harm to members of the group.
Deliberately imposing living conditions that will lead to the physical destruction of part or all of the group.
Forcibly transferring children of the group to another group.
In Article 4 of this Convention, it is stated:

” Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.”

It is important to note that the crime of genocide cannot be erased by the passage of time, and its prosecution and punishment remain unalterable.

The 1988 massacre clearly meets the criteria for crimes against humanity, leaving no room to hide the act of “killing members of the group.” It undeniably represents an unacknowledged genocide and a grave crime against humanity involving “severe bodily or mental harm to members of the group.”

 

While the Third and Fourth Geneva Conventions, along with additional protocols like the Martens Clause, play a significant role in examining the 1988 massacre, they are not enough. Registering this case as genocide and crimes against humanity is crucial to transform Hamid Noury’s trial into an opportunity to prosecute the regime’s Supreme Leader Ali Khamenei, President Ebrahim Raisi, and the entire system responsible for the atrocity behind the 1988 mass executions.

Testimonies at the Free Iran World Summit 2023 regarding the listing and pursuit of the 1988 massacre as crimes against humanity and genocide have raised serious concerns among human rights activists, independent figures, and human rights lawyers.

Professor Mr. Ariel E Dulitzky, acting Director of the Latin America Initiative, former appointee to the United Nations Working Group on Enforced or Involuntary Disappearances and its Chair-Rapporteur in 2013 (2013-2015) said, “When [forced] disappearance is committed in the context of a generalized attack against the civil population, that’s a crime against humanity. And I would consider that probably what happened in 1988 and for sure what happened during the military dictatorship in Argentina were crimes against humanity. And [forced] disappearances could also be part of a genocide.”

“I use the number 30,000, but when we talk about enforced disappearances, the victims are many more. The victims are not only those who disappear. The victims are all of your relatives of those who disappeared. Because according to international law, according to the International Convention on Enforced Disappearance, a victim is not only the person who disappears but everybody else who suffers harm due to a disappearance,” he added.

Prof. Melanie O’Brien, President of the International Association of Genocide Scholars, also confirmed the matter, saying: “When perpetrators of past atrocities are not held accountable for their actions, we are doomed to see history repeat itself… Crimes against humanity are crimes committed as part of a widespread or systematic attack on a civilian population. The detention, disappearance, torture, and killings of large numbers of Iranian civilians in 1988 and today certainly qualify as a widespread and systematic attack on the civilian population of Iran.

“This is especially the case as we know that some of those responsible for the 1988 crimes have since been promoted up the ranks to high government positions, including the current president, Ebrahim Raisi, who was a Death Commission member.

“The only option would be for the United Nations Security Council to refer the situation in Iran to the International Criminal Court, as it did for the situation in Darfur, Sudan.”

The 1988 Massacre has transcended borders and evolved into a worldwide cause. Its registration as genocide and a crime against humanity has become more than just a campaign for international lawyers and political prisoners; it is a shared mission for all of humanity. Every one of us, as individuals and global citizens, plays a role in this endeavor. Let us be mindful that any crime against a fellow human being, anywhere on this planet, is an affront to all of humanity, demanding a united response from us all. Together, we stand for justice and the protection of human rights, leaving no room for such atrocities to persist.

Why Iran’s 1988 Massacre Is A Genocide

 

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