In international law, the area of international responsibility of states and other entities are subject to the rules of formulation and development of the draft law of the International Law Commission on the responsibility of states.
Article 2 of the draft law explicitly states two conditions for holding a government accountable;
First - The violation of an international obligation by a government
Second - The possibility to attribute the action to the government.
In the case of the above terrorist operation, there is no doubt that the perpetrators have violated international obligations. The amount of denouncements and even the non-acceptance of responsibility of the action is a clear indication of a violation. However, considering the situation that the investigations of the responsible institutions about the directors and the directing agents have not been announced yet, the second condition, which is the ability to attribute the action to an entity, has not been fulfilled.
As this terrorist operation have injured people's feelings and considering requests for an appropriate reaction from those in charge, we should wait for the announcement of the investigation results. The second part of the present article is dedicated to the international follow-ups. From an international point of view Iran ask the General Assembly of UN Security Council, and even (given the role of Martyr Fakhrizadeh in Iran nuclear field) the International Atomic Energy Agency to condemn and denounce the assassination until the results of investigations over the terrorist move is announced. But even if it turns out that the Israeli occupying regime was behind the move, Iran cannot sue it in the International Court of Justice because entering the arena means the implicit recognizing of the bloodthirsty regime.
According to the approval of the Strategic Action Law on lifting sanctions and protecting the rights of the Iranian nation on December 3, 2016 in the Iranian Parliament and its announcement to the executive branch, it is necessary to mention a few points.
First - This law was passed after the assassination of Martyr Fakhrizadeh and it shows the inaction of the government and the nation against terrorist acts. However, this action conveys the message to the West that the nuclear field has many actors and Iran also wants to have a decisive role to play in this area and it includes a corresponding and decisive measure.
Second - From the international point of view, Iranian government, parliament and judiciary system are all known as the government of the Islamic Republic of Iran. Therefore, the executive branch must take the responsibility for the implementation of this law, otherwise a polyphonic atmosphere will have leave devastating impacts on our foreign policy.
Third - The parliament move provides a unique opportunity for the government to put pressure on the United States, because the US does not intend, at the moment, to return to JCPOA (The Joint Comprehensive Plan of Action), but to expand its content to Iran's missile arena and regional power. The law has been passed in a way that the US can only return to the JCPOA no later than two months and should not extend Iran's obligations in the JCPOA.
Fourth - According to this law, the government has a tangible redline in the negotiations, which does not allow it to discuss the missile arena and the regional power of our country within the JCPOA. Finally, the present government, which there are expectations from in both domestic and foreign policy, will hopefully be able to give a rational response to the people within the framework of national interests.
* Professor of International Law, University of Kurdistan
Reporter's code: 50101
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