ISSUE BRIEF
PRACTITIONER’S MANUAL: HOLDING THE ISLAMIC REPUBLIC OF IRAN ACCOUNTABLE FOR ATROCITY CRIMES APRIL 2023
CELESTE KMIOTEK, NUSHIN SARKARATI, AND ALANA MITIAS
I. Introduction
With few to no prospects for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and Canada, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality.1 Limitations on universal jurisdiction vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. This manual outlines the universal jurisdiction process for those pursuing prosecutions of crimes committed by the Iranian state. It outlines the types of crimes that universal jurisdiction may address, followed by a brief overview of procedures and tips for investigation and documentation procedures. The third section discusses specific jurisdictions with systems of universal jurisdiction and procedures for requesting an investigation and prosecution. Finally, an annex includes printed resources and organizations to contact for additional assistance.
Through advising on legal tools and impact litigation, the Atlantic Council’s Strategic Litigation Project works on accountability efforts for atrocity crimes, human rights violations, terrorism and corruption offenses.
1
See, e.g., “What Is Universal Jurisdiction?” TRIAL International, https://trialinternational.org/topics-post/universal-jurisdiction/.