International Responsibility of Iraq and the United States in Relation to the Assassination of Martyr Qasem Soleimani

Abstract

The present study aims to examine the international responsibility of Iraq and the United States in relation to the assassination of Martyr Qasem Soleimani. The research method is descriptive-analytical and is based on library sources. The findings indicate that the U.S. attack on General Soleimani’s convoy violated the principle of respect for human rights, particularly the right to life, as, in addition to the killing of Soleimani and Abu Mahdi al-Muhandis, other innocent individuals with no accusations against them were also killed. Among the human rights norms relevant to this issue is Article 6(1) of the International Covenant on Civil and Political Rights concerning the right to life. Deprivation of the right to life is prohibited even during armed conflicts and is recognized as a fundamental human right. The recent U.S. action clearly contradicts two core principles of the United Nations Charter: the prohibition of the use of force and the principle of respect for state sovereignty. It is noteworthy that an armed attack against officials and state authorities of a country is considered an attack against that state’s sovereignty, regardless of whether the individuals are military or civilian. Some may argue that the presence of U.S. forces in Iraq was based on an official invitation from the Iraqi government and thus included the element of consent; this issue will also be examined. In the assassination of Soleimani, Iran is the state of nationality of the victim and, from this perspective, cannot confer jurisdiction upon the Court. In contrast, Iraq may accept the jurisdiction of the Court and thereby facilitate its involvement in this incident.                                                                                  

Keywords: Assassination of Qasem Soleimani, International Responsibility, Right to Life