Soran Khedri:
Since 16th of July Iranian Revolutionary Guards Corps (IRGC) have been shelling Kurdish villages within territory of Kurdistan Regional Government in north of Iraq successively and around 10,000 troops stationed alongside the boarders with the aim to cross international boarders. Iranian military deployed heavy weapons Katyusha, Helicopters, long range missile, tanks, artillery and mortars.
Islamic regime of Iran sequentially has been bombarding the Kurdish villages in northern Iraq. Regime’s recent offensive attacks displaced around 800 Kurdish villagers in northern Iraq according to international Red Cross.
Islamic regime proclaiming that its offensive attacks and cross boarder is in pursuit of Free Life Party of Kurdistan, PJAK’s, freedom fighters based in Qendil between Eastern Kurdistan (West of Iran) and Southern Kurdistan (North of Iraq). People who do not have knowledge about the political history of the Islamic regime might be influenced by the regime’s baseless and irrational propagandas.
For the last 32 years Islamic regime survived and preserved power through oppression and suppression of Iranian people especially Kurdish people whom have been deprived of their legal, legitimate and inheritance rights. Kurdish people must know that that the Khomeini’s holly war (Jihad) against Kurds still in effect because he never repealed the Fatwa (Mandatory opinion in Islamic law). As a result I believe some Kurdish politicians comments and opinion in regards of non-violence struggle is priceless, monotonous and ineffective. Non-violence struggle will be effective in States where the army remains neutral as it was the case in Egypt and Tunisia. In a country where all institutions ideologically linked to the State and courts known as the “Revolutionary Court” it will be a tedious idea to talk about non-violent struggle against the most ghastly regime in the world.
It is of great value to notice that I am not supporting violence or inciting people to take a part in violent struggle. Of course not: however, I am adopting a realistic view and my opinions are based on the facts the people of Iran, especially the Kurds have experienced for last 32 years. In order to support my opinion I will provide an example. Iranian constitution confers a right of freedom of assembly, freedom of speech however at the end of the paragraph it stated that permitted freedoms must be in conformity with the Islamic law otherwise it will be considered as an act against (God) and national security and punishment for the aforementioned acts is death penalty. In such State where the right of gender equality considered as an act against the Islamic law, frankly speaking, how does non-violent struggle could be of little effect? I believe the key cause of the violence is the Islamic regime of Iran; therefore, the use of force by the Kurdish people in the form of self defence against the regime’s brutal suppression is legitimate and legal.
In addition to the regime’s violation of the Kurdish rights I believe international community also must be held accountable toward Kurdish cause. International community, UN, EU, USA instead of pressurising Islamic regime to respect and recognize the right of the Iranian nations in general and basic human right of all people in Iran in particular, regrettably, in one way and other they are legitimizing regime’s suppression, oppression, use of force against people and violation of human rights by criminalising Iranian nations democratic struggle and movements.
For example, Free Life Party of Kurdistan (PJAK) was formed in 2004. Since its formation made several public announcements in regards of peaceful solution to the Kurdish question in Iran. Nevertheless Islamic regime responded aggressively and with violence by executing Kurdish political, human rights activists and using force against PJAK’s members. Despite PJAK’s demand for peaceful and democratic solution of the Kurdish question, Obama administration with its new foreign policy toward Islamic regime designated PJAK as foreign terrorist organization in gesture to international terrorist sponsors in Tehran. PJAK since its foundation has not used violence against civilians and will not. International terrorism convention highlights the acts that do not fall within the scope of terrorism. The Convention states that “resistance to occupation is not prohibited by international law and organized resistance movement belonging to a party to the conflict are recognized by the Geneva Conventions, provided to fulfil certain conditions and conduct operations in accordance with the law of armed conflict”. In addition to that, Additional Protocol 1 to the Geneva Conventions covers irregular forces, such as National Liberation Movements, provided they are under proper command and carry arms openly when attacking enemy. Furthermore, United Nation General Assembly resolution acknowledged that National Liberation Movements might be justified in using force because of the violence and repression of colonial, occupation and racist regime.
PJAK as political party has its General Secretary, Coordination Committee and General Assembly. Operates under proper command, has its own uniform, it does not use violence against neither State nor the civilians, by contrast it reacts in self defence when Islamic regimes revolutionary guards attack its members. Use of force in self defence is legal for every one; even individuals constitutionally in USA permitted to hold gun and use it in self defence whenever they are attacked or threatened to be attacked. If US Citizens constitutionally allowed using force in self defence in such democratic State why Kurds should not have the same right to use force against the apartheid Islamic regime of Iran where the peaceful and non-violence activities prohibited unreservedly.
I believe the USA and coalition forces are involved in this war against Kurdish nation by providing Iranian forces information through Turkey. US drones are above Qandil most of the time. The question is why the USA operates spy drones above Qandil, is not it to gather useful information and identify PJAK bases. Of course that is the only reason. USA established strong secret relation with current Iranian government (Mashayee and Ahmadinejad) with the support of Receb Tayeb Ordogan Turkish Islamic prime Minister. In 2007 Mashayee secretly meet Turkish officials in Ankara in regards of their policies toward Israel and USA. Since then the relation and cooperation between IRGC and USA has adopted new pave which is real and serious risk and threat to the Iranian nation’s democratic struggle. In support of my argument I would remind you of Al-Fakkah oil field which was occupied by the Iranian Revolutionary Guards in December 2009 where all international community including USA and EU member states condemned the Islamic regime’s act and proposed further economic sanctions on Islamic regime. Is it not doubtful, should not we assume USA involvement in this war against Kurdish nation? Another factor which makes me to believe USA indirect involvement in the war against Kurdish people is the American hiker’s cases whom were arrested 2 years ago near Iranian boarder in Southern Kurdistan in area controlled by PUK militia. According to the Iranian officials 3 American’s hiker will be released soon. This indicates that USA had made a deal with the Islamic regime on the expenses of the Kurdish nation.
If Ahamdinejad and his proxies defeat clerics in their power struggle, Iranian nations’ struggle will be suppressed brutally with the support of USA as it is the case in Turkey and Sri Lanka. In addition to that, Islamic regime with the support of USA and Turkey will commit several assassinations in EU soon. Kurds must learn from their history, if they remember in 1989 Islamic regime assassinated several Kurdish politicians in EU with the support of Austria and USA. I believe USA in order to intensify division among Ahmadinejad and clerics will agree to do everything for Ahmadinejad and his proxies. Therefore, Kurdish politicians especially PJAK officials have to take necessary measures and Kurdish people must prepare and organize themselves in order to be able to respond and react immediately to such atrocities which will be committed soon in EU.
Islamic regime is asserting that its military offenses are targeting bases controlled by Free Life Party of Kurdistan (PJAK) in Iraqi Kurdistan. However, it is clear that there are political motivations behind the present illegal IRGC incursion and bombardment of Kurdistan regional government territories.
1- Islamic regime is trying to destabilise Kurdistan regional government by smashing PJAK bases and replacing the extreme Islamic organization Ansar Al-Islam in order to launch terrorist attacks against KRG and Iraqi government. If Qandil falls, the Kurdish regional government will come under the complete control of Islamic regime.
2- Islamic regime is experiencing its most difficult periods internally and externally, internally it is facing permanent unrest from the antagonists and externally over its nuclear weapon program it has been further isolated by International community. Through such offensive attacks Islamic regime is attempting to divers the public opinions to outside of its boarders.
3- Islamic regime is very well aware that its turn of internal disorders and uprising will arrive soon after the collapse of Syrian dictator regime, seriously concerned over the possible lose of its main Arab ally in Syria, therefore, it is preparing its armed forces to respond to any possible uprising by the Iranian Nations such as, for instance Kurds, Baloch, Arab, Azari, Turkman.
4- Possible solution of Kurdish question in Turkey peacefully and democratically. Islamic regime is attempting via its military offenses against PJAK and Kurdistan Regional Government to block any possible peaceful solution of Kurdish question in Turkey. Because Islamic regime is of knowledge that solution of Kurdish question in Turkey results to the termination of its relation with Turkey and that will further isolate Islamic regime internationally.
5- Presence of coalition forces in Iraq restricted regime’s role and control over the Iraqi government. As it’s clear that the USA troops are withdrawing by the end of 2011, Islamic regime with the aim of complete control over Iraqi territories is attempting to occupy Qandil Mountains.
6- By dismantling and destroying PJAK Islamic regime trying to weaken Iranian nations struggle.
7- Kurds around the globe are preparing themselves to hold (National Conference) in the near future, Islamic regime through its offensive attacks is planning to divide Kurds and Kurdish political organization and prevent the establishment of Kurdish National conference.
I have illustrated in an article that the primary cause of the violence in the region is the existence of Lausanne Treaty which is in direct conflict with peremptory norms of jus cogens. Jus cogen is the highest rule in international law that overrides all other rules. The concept of jus cogens was accepted by the International Law Commission and incorporated in the final draft on the law of treaties in 1966, Article 50, of which provided that “A treaty is void if it conflicts with a peremptory norm of general international law from which no derogation is permitted and which can be modified only by subsequent norm of general international law having the same character”. Self determination is peremptory norm (jus cogens) any treaty that is in conflict with this concept is void. Lausanne Treaty which was signed between Turkey and allies after the First World War is incompatible with the concept of self determination (as jus cogens norm) because Lausanne Treaty deprived Kurds from having an independent State. Therefore, we could argue that the Kurdish struggle is against the occupiers of Kurdistan and in the light of international law armed resistance is permissible.
Moreover, the Commissions commentary made it clear that by “derogation” it meant the use of agreement to contract out of rules of general international law. Which means that an agreement by a state such as (Iran) with neighbouring State such as (Turkey, Iraq and Coalition forces in Iraq) to carry out a joint operation against racial group straddling the frontier which would constitute physical and cultural genocide and ethnic cleansing, if carried out, as it is the case with the IRGC offensive attacks, is void since the prohibition which the treaty conflicts is a rule of jus cogens.
What the USA is doing is violation of international law and norm. Provision of intelligence information to IRGC through Turkey is in direct conflict with the concept of jus cogens.
What makes me doubtful about the EU and USA claim of Human Rights and democracy is their double standard politics. Although Security Council passed several resolutions aimed to impose tougher restrictions on companies and banks dealing with the Islamic regime, Bloomberg.com/news (http://www.bloomberg.com/news/2011-08-04/british-companies-trading-with-iran-hidden-by-u-k-to-avert-u-s-sanctions.html) on 4th of August 2011 published an article revealing secret trading of British companies with the Islamic regime selling goods that are potentially used in military fields, torture equipments and radioactive materials. If British government as a permanent member of security council breach’s international law and violates a Security Council’s resolution by hiding its companies secret trading in military field with the Islamic regime, why the Kurds should not doubt their secret cooperation with the Islamic regime against Kurdish nation.
There are several factors which makes me to think that EU and USA if their relation with Ahmadinejad strengthens; they will support future military government of Iran to assassinate its dissidents in EU and USA.