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ABSTRACT
This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is an inherently multidisciplinary enterprise. The paper provides an insight into the relations between diplomacy and human rights and discusses how the latter are exploited for political and commercial aims. This study focuses on the case and constitution of the Islamic Republic of Iran (IRI), and the problem of hostage taking. An internationally-oriented study and based on theoretical arguments and an empirical research approach-notably by using several real cases of ordinary individuals of foreign and dual nationalities who became hostages and the subject of political games and financial conflicts between Iran and the Western countries-the paper highlights the issue of hostage taking of individuals by a state as a political policy and prisoner swaps involving financial and commercial deals. The paper provides evidence of the substantial suffering of the hostages and their families. The paper makes an academic contribution to the literature-the unlawful act of hostage taking involving a state has rarely been discussed -and addresses the legal vacuum in international law and human rights conventions regarding the topic.
Acknowledgements
I would like to thank Dr Damien Short, the Editor-in-Chief of the Journal for his careful follow up and feedback. I would also like to express my thanks to anonymous reviewers.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 Jack, Donnelly. Universal Human Rights in Theory and Practice (Ithaca, NY: Cornell University Press, 2013), at 17.
2 Universal Declaration of Human Rights, adopted 10 December 1948, G.A. Res. 217 A (III), UN GAOR, 3rd Sess. (Resolutions, part 1), at 71, UN Doc. A/810(1948)
3 R. Rana, ‘Symphony of Decolonization: Third World and Human Rights Disclosure’, The International Journal of Human Rights 11, no. 4 (2007): 367–79 at 227.
4 See W. Kymlicka, ed., The Rights of Minority Cultures (Oxford: Oxford University Press, 1995) and J. Nickel, Making Sense of Human Rights 2nd ed. (Malden, MA: Blackwell Publishing, 2007).
5 Human Rights Law. www.un.org. 2015-09-02, retrieved August 20, 2020.
6 Ibid.
7 The United Nations International Convention against the Taking of Hostages. Adopted by the General Assembly of the United Nations, Treaty series No. 21931 and international Convention against the Taking of Hostages, G.A. Res. 1979.
8 Geneva Conventions. Common Article 3 (cited in Vol. II, Ch. 32; § 2046). And Fourth Geneva Conventions, Article 34 (ibid. § 2047) and Article 147 (ibid. § in Vol. II, Ch. § 2048. (1949).
9 Ibid. Article 147.
10 The International Committee of the Red Cross (ICRC). Rule 96. Hostage-Taking, Volume II, chapter 32, Section I. (1949). Available at : https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule96
11 International Criminal Court (ICC). Elements of Crimes for the ICC, Definition of the taking of hostages as a war crime (ICC Statute, Articles 8(2)5&a) (viii) and C (iii). 1979. https://www.icc-cpi.int/sites/default/files/Publications/Elements-of-Crimes.pdf
12 The Universal Declaration of Human Rights was proclaimed and adopted in 1948 by the United Nations General Assembly. The declaration, for the first time, articulated the rights and freedoms to which every human being is equally and inalienably entitled to.
13 The International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by the General Assembly resolution 2200A (XXI) of December 16, 1966, entering into force on March 23, 1976.
14 Refer to XVIII 5. Penal Matters in The United Nations International Convention against the Taking of Hostages.at7.
15 Le Petit Robert. Dictionnaire Alphabétique et Analogique de la Langue Française, Le Robert.
16 Irène Herrmann and Daniel Palmieri, ‘A Haunting Figure: The Hostage Through the Ages’ International Review of the Red Cross, vol. 87, number 857, (2005 March) pp. 135–45 at 137.
17 Ibid. See Herrmann and Palmieri (2005), at 135.
18 Ibid. See Herrmann and Palmieri (2005), at 140.
19 Martin Jay ‘Hostage Philosophy: Levinas’s Ethical Thought’, Tikkun 31, no. 3: (October 2016): 71–2. https://doi.org/10.1215/08879982-3628440.
20 Levinas Danielle Cohen, ‘The Literary Instant and the Condition of Being Hostage: Levinas, Proust, and the Corporeal Meaning of Time’, in book: Levinas and Literature, New Directions: (De Gruyter. 2021) at 195–208, https://www.degruyter.com/document/doi/10.1515/9783110668926-013/html
21 Ann Elizabeth Mayer, ‘Islamic Rights or Human Rights: An Iranian Dilemma’, Iranian Studies, (Taylor & Francis Group), 29, no. 3/4 Summer-Autumn (1996): 269–96. Available at: https://www.jstor.org/stable/4310998#metadata_info_tab_contents
22 See Mayer (1996), ‘Individual Iranians also contributed to the development of human rights principles. Fereydun Hoveyda, a distinguished Iranian man of letters and late Iran’s ambassador to the UN, participated in drafting the Universal Declaration of Human Rights (UDHR) as the assistant to Rene Cassin, one of the most influential of the drafters. (Mayers 1996 at 269). Fereydoun Hoveyda was the brother of Amir-Abbas Hoveyda, who served as Prime Minister of Iran for about thirteen year as the longest serving prime minister in Iran's history. After the Iranian Revolution in 1979, he was tried by the newly established Revolutionary Court for ‘waging war against God’ and ‘spreading corruption on earth’ and executed.
23 Constitute. Constituteproject.org. Iran (Islamic Republic of) 1979 (rev. 1989) (2020) 48.
24 Francis Fukuyama. Iranian constitution democratic at heart, Wall Street Journal, (2009 July 28).
25 See Constitute, 2020, at 9 and 14.
26 See Constitute 2020, at. 1.
27 Maurice Cranston, Political Theory and the Rights of Man (D. D. Raphael, Bloomington: Indiana University Press, 1967) at 170.
28 Judith Blau, and Louis Edgar Esparza, Human Rights: A Primer (New York: Routledge, 2nd Edition-2016).
29 James Nickel, ‘Human Rights’. Stanford Encyclopedia of Philosophy (2019). Available at https://plato.stanford.edu/entries/rights-human/
30 C. Lennox, ed, Contemporary Challenges in Securing Human Rights (London: Institute of Commonwealth Studies, 2015).
31 Damien Short, ‘Researching and Studying Human Rights: Interdisciplinary Insight’, Chapter 1, in Contemporary Challenges in securing Human Rights, ed. C. Lennox (London: Institute of Commonwealth Studies, 2015), 7–12.
32 Damien Short, ‘Sociological and Anthropological Approaches’, in Human Rights Politics and Practice, ed. M. Goodhart (Oxford: Oxford University Press, 2009), chapter 6.
33 See Short 2015, chapter 1 page 7.
34 See Short 2015, chapter 1 page 11.
35 Charles Beitz, The Idea of Human Rights (Oxford: Oxford University Press, 2009).
36 Joseph Raz, ‘Human Rights without Foundations’, in The Philosophy of International Law, eds. Samantha Besson and John Tasioulas (Oxford: Oxford University Press 2010), 321–38.
37 See Raz (n 36) at 328.
38 See Raz (n 36) at 325.
39 See Raz (n 36) at 323.
40 Charles Beitz, The Idea of Human Rights (Oxford: Oxford University Press 2009).
41 See Beitz (n 40) at 128.
42 See Beitz (n 40) at 10.
43 John Tasioulas, ‘On the Nature of Human Rights’ chapter 2, page 18, in The Philosophy of Human Rights Contemporary Controversies, edited by Gerhard Ernst and Jan-Christoph Heilinger (publisher: Walter de Gruyter GmbH & Co. KG 2012).
44 Peter Schaber, ‘Human Rights Without Foundations?’ page 61, in The Philosophy of Human Rights Contemporary Controversies, edited by Gerhard Ernst and Jan-Christoph Heilinger (publisher: Walter de Gruyter GmbH & Co. KG 2012).
45 See Tasioulas (n 45) at 32.
46 See Tasioulas (n 45) at 18.
47 See Schaber (n 44) at 67.
48 Erasmus Mayr.‘The Moral and Political Conception of Human Rights – a Mixed Account’ - in The Philosophy of Human Rights Contemporary Controversies, edited by Gerhard Ernst and Jan-Christoph Heilinger (publisher: Walter de Gruyter GmbH & Co. KG 2012).
49 See Nickel (n 29) at 9.
50 See Jack Donnelly (n 1) at 16.
51 See Ernst and Heilinger, The Philosophy of Human Rights Contemporary Controversies, (publisher: Walter de Gruyter GmbH & Co. KG 2012) page XIII.
52 The Council is composed of 15 members, five permanent members: China, France, Russian Federation, the United Kingdom, and the United States, and ten non-permanent members elected for two-year terms by the General Assembly. The permanent members, sometimes referred to as P5 have veto power because their affirmative vote is required to pass a resolution.
53 Navanethem Pillay, Are Human Rights Universal-The United Nations High Commissioner for Human Rights, (2008), https://www.un.org/en/chronicle/article/are-human-rights-universal.
54 Ibid.
55 See (Note 28) the abstract and chapter 2 – Human Rights: A Primer- Judith Blau, and Louis Edgar Esparza (New York: Routledge, 2nd Edition 2016).
56 Olivia, Ball and Paul Gready, The No-Nonsense Guide to Human Rights (Oxford: New Internationalist- 2006).
57 Paul Gready, ‘The Politics of Human Rights’, Third World Quarterly 24, no. 4 (2003): 745–57.
58 See (Note 57) at 755.
59 See (Note 57) 753.
60 See (Note 57) 755.
61 Paul Gready. ‘Theories of Change for Human Rights and for Development’, Chapter 7 (47–51), in Contemporary Challenges in Securing Human Rights, ed. C. Lennox, (London: Institute of Commonwealth Studies, 2015) at 49.
62 NGOs refer to non-governmental organisations whereas IGOs refer to intergovernmental organisations.
63 See Donnelly (2013-Note 1) at 117.
64 Hurst Hannum, ‘The Status of the Universal Declaration of Human Rights in National and International Law’, Georgia Journal of International and Comparative Law 25:287, (School of Law, University of Georgia, 1996), 289–397. Available at: https://digitalcommons.law.uga.edu/gjicl/vol25/iss1/13/
65 Ibid, see Hannum, 1996, at 317.
66 Johannes Morsink, Inherent Human Rights: Philosophical Roots of the Universal Declaration, (University of Pennsylvania Press, Philadelphia, 2009), 328.
67 Ibid, see Morsink (Note 66), abstract.
68 The United Nations, Report of the Human Rights Committee, 37th Sess., Supp. (No. 40) at 66-72, A/37/40. (1982). https://www.un.org/sites/un2.un.org/files/a37_0.pdf
146 (XXXIV), U.N. GAOR, 34th Sess., Supp. No. 46, at 245, U.N. Doc. A/34/46 (1979), entered into force June 3, 1983.
69 Mark Gibney, and Erik Roxström, ‘What a Pity! Sovereign Immunity, State Responsibility, and the Diminution of Accountability under International Human Rights Law’, Journal of Human Rights 11, no. 4 (2012): 443–59. at 1.
70 Emphasis is mine.
71 Sonia Cardenas, Conflict and Compliance: State Responses to International Human Rights Pressure (University of Pennsylvania Press, Philadelphia 2007), 188.
72 Ibid. See Cardenas (2007).
73 Ross Smith, ‘Corporate Violations of Human Rights: Addressing the Coordinated Surveillance and Persecution of the Uyghur People by the Chinese State and Chinese Corporations’, Georgia Journal of International and Comparative Law 49 (2021): 641–77.
74 The Charter of the United Nations is the founding document of the United Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization and came into force on 24 October 1945. As stated in this Charter, the United Nations can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty. As such, the UN Charter is an instrument of international law, and UN Member States are bound by it. https://www.un.org/en/about-us/un-charter
75 Amnesty International and also the Iranian websites active in human rights [Abdorrahman Boroumand Center (ABC) and HRANA (the Human Rights Activists News Agency)] r provide information on the conditions of prisoners. The websites of the Abdorrahman Boroumand Center (ABC) and Iran Prison Atlas (IPA) located outside Iran also collect information and keep databases on human rights abuses against political prisoners and prisoners of conscience in Iran.
76 Mark Bowden, Guests of the Ayatollah, The Iran Hostage Crisis: The First Battle in America's War with Militant Islam (Grove Press, 2007) 704.
77 See Mayer 1996 (Note 21) at 272.
78 Emphasis added.
79 See Donnelly (Note 63) at 205.
80 Michael Goodhart, ed. Human Rights: Theory and Practice (Oxford: Oxford University Press 2022), Fourth Edition, 544 Pages.
81 See Donnelly (Note 63) at 33.
82 Sonia. Cardenas, ‘Violators’ Accounts: Hypocrisy and Human Rights Rhetoric in the Southern Cone’, Journal of Human Rights, 5 (Routledge - Taylor & Francis Group, 2006). 439–51. Available at: https://www.tandfonline.com/doi/full/10.1080/14754830600978224
83 Donald Newton Wilber, Donald Newton. Clandestine Service History: Overthrow of Premier Mossadeq of Iran, November 1952-August 1953 (Report). Central Intelligence Agency. p. iii. OCLC 48164863. ((March 1954), Archived from the original on 2 July 2009. Retrieved 6 June 2009.
84 The National Security Archive, Electronic Briefing Book N°. 28. The Secret CIA History of the Iran Coup – Edited by Malcolm Byrne- The George Washington University (November 2000) available at: https://nsarchive2.gwu.edu/NSAEBB/NSAEBB28/
85 1953 Iran Coup: New U.S. Documents Confirm British Approached U.S. in Late 1952 About Ousting Mosaddeq. Available at: https://nsarchive.gwu.edu/briefing-book/iran/2017-08-08/1953-iran-coup-new-us-documents-confirm-british-approached-us-late
86 Stephen Kinzer, All the Shah’s Men - An American Coup and the Roots of Middle East Terror (Wiley-Blackwell-January 2008), 296.
87 Bernard Gwertzman, ‘How Hostage Pact was Forged: Turning Point was in September’, The New York Times (1981 Jan. 28). Available at: https://www.nytimes.com/1981/01/28/us/how-hostage-pact-was-forged-turning-point-was-in-september.html
88 Ibid.
89 United Nations, Resolution 457 / adopted by the Security Council at its 2178th meeting, on 4 December 1979. Resolutions and Decisions of the Security Council, 1979. - S/INF/35. - 1980. - p. 24. - (SCOR, 34th year). Available at: https://digitallibrary.un.org/record/5826?ln=fr
90 United Nations, Resolution 461 / adopted by the Security Council at its 2184th meeting, on 31 December 1979. [on detention of persons of United States nationality in Iran]. Available at: https://digitallibrary.un.org/record/9656?ln=fr
91 See Brian J. McCoy, ‘The International Court of Justice — United States v. Iran’, Denver Journal of International Law & Policy 9, no. 2 (university of Denver 1980 summer, May), 277–80. Available at: https://digitalcommons.du.edu/djilp/vol9/iss2/10/
92 As cited by McCoy (1980), ‘the court decided by a majority on December 15, 1979 that Iran had violated and continued to violate several bilateral treaties in force between the United States and Iran as well as several principles of diplomacy created by long-established rules of general international law. Iran's conduct, it said, could not be justified even if the alleged criminal activities of the United States in Iran were proven, ‘because diplomatic law itself provides the necessary means of defense against, and sanction for illicit activities by members of diplomatic or consular missions.’ Specifically, the Vienna Conventions of 1961 and 1963 contain express sanctions for situations where members of an embassy engage in espionage under the guise of diplomatic immunity: the receiving state may either declare such ‘diplomats’ to be persona non grata or break diplomatic relations with the sending state’.
93 The United States military sales contracts with Iranian government was amounted to $12 billion in 1970s. See for more details, Edward Gordon and Cynthia Lightenstein, ‘Trends - The Decision to Block Iranian Assets - Reexamined, 16 Int'l (The International Lawyer) L. 161 (1982), ‘Vol. 16: 161–86; at 165. Available at: https://scholar.smu.edu/til/vol16/iss1/12
94 See Donnelly 2013 (Note 1) at 118.
95 Executive Order No. 12170. Blocking Iranian Government Property. 44 F.R. 65729, (Nov. 14, 1979). Available at: https://home.treasury.gov/system/files/126/12170.pdf
96 These mainly include assets in the Federal Reserve Bank, assets in foreign branches of US banks, assets in US branches of US banks, other assets in the US and abroad, real estate, etc. On the American side, there were claims regarding several unpaid loans, different contracts mainly including arms deals as well as the claims made by companies and US citizens.
97 Bahram Soltani, Research on Iranian Economy within the period 1975–1985, Book published in Persian in two volumes, (Khavaran Publisher 1986), Paris.
98 Ibid.
99 Christopher Massaroni, ‘The United States-Iran Hostage Agreement: A Study in Presidential Powers’, Cornell International Law Journal: Vol. 15: No. 1, Article 5 51982). 149–201. Available at: https://scholarship.law.cornell.edu/cilj/vol15/iss1/5
100 As stated by Massaroni (1982 page 156) in line with the Hostage Agreement, of the total sum of $7.55 billion paid by the US to the Bank of England to settle the account with the Iranian government, the Bank of England only transferred 36 percent of the escrow funds on the day Iran released the hostages, transferred $3.667 billion back to the United States to pay off Iranian debts to US banks, and retained $1.418 billion in the escrow account to pay disputed amounts between the US banks and Iran.
101 Ibid. See Massaroni (1982).
102 Stuart Taylor Jr. U. ‘Asks judges to Free Iran assets for Transfer’. The New York Times, (February 27, 1981) at D15, col. 1. The article indicated that litigation involving Iranian assets was pending in at least forty federal district and circuit courts. Available at: https://www.nytimes.com/1981/02/27/business/us-asks-judges-to-free-iran-assets-for-tranfer.html
103 Sarah Mervosh, ‘The 52 Iran Hostages Felt Forgotten — Here’s What They Wish Would Happen Now’, The New York Times (2020 January 6). https://www.nytimes.com/2020/01/06/us/iran-hostages.html
104 David M. Herszenhorn, Americans Held Hostage in Iran Win Compensation 36 Years Later’, The New York Times (2015 December 24), https://www.nytimes.com/2015/12/25/us/politics/americans-held-hostage-in-iran-win-compensation-36-years-later.html
105 See Herrmann and Palmieri (2005) note 19 at 140.
106 Iran Prison Atlas (IPA), (2019 September 17). https://ipa.united4iran.org/en/prisoner/5251/
Iran Prison Atlas (IPA) is a comprehensive database of political prisoners and prisoners of conscience in Iran, created and administered by the non-profit organization United for Iran. IPA collects, verifies, and publishes the following types of information. https://ipa.united4iran.org/en/prisoner/5251/
107 Jason Rezaian, Prisoner: My 544 Days in an Iranian Prison—Solitary Confinement, a Sham Trial, High-Stakes Diplomacy, and the Extraordinary Efforts It Took to Get Me Out. Publisher: Anthony Bourdain/Ecco; Reprint edition (January 22, 2019).
108 The Associated Press U.S. judge awards nearly $180 million to Washington Post reporter held by Iran. (November 23, 2019). Available at: https://www.cbsnews.com/news/u-s-judge-awards-nearly-180-million-to-washington-post-reporter-jason-rezaian-held-by-iran/
109 The $400 million in cash was paid for the settlement of a liability towards Iran regarding the funds deposited by Iran before the 1979 revolution to buy US fighter jets. Following the revolution, the US halted the delivery. This amount could have been paid to Iran in accordance to Algiers Accords, but this did not happen.
110 Carol Morello, ‘Was the $400 Million in Cash Paid After the Iran Prisoner Deal Really Ransom?’, The Washington Post (August 3, 2016). Available at: https://www.washingtonpost.com/world/national-security/was-the-400-million-in-cash-paid-after-the-iran-prisoner-deal-really-ransom/2016/08/03/569f855e-59a8-11e6-9aee-8075993d73a2_story.html
111 Zack Beauchamp, ‘The US Paid Iran $1.3 Billion in Secret. It’s not a Scandal’, Voxmedia, (September 7, 2016). Avaialble at: https://www.vox.com/2016/9/7/12830688/us-iran-cash-
payment-ransom
112 J. Jay. Solomon and E. Lee Carol, ‘U.S. Sent Cash to Iran as Americans Were Freed’, The Wall Street Journal (August 3, 2016) Available at: https://www.wsj.com/articles/u-s-sent-cash-to-iran-as-americans-were-freed-1470181874
113 Qājār dynasty, the ruling dynasty of Iran from 1794 to 1925.
114 IRNA. (Islamic Republic News Agency). Bagher Namazi leaves Iran. (October 6, 2022). Available at: https://en.irna.ir/news/84904701/Bagher-Namazi-leaves-Iran
115 Michael Lipin, ‘US Navy Veteran's New Account of Iran Detention Deemed Credible by Sources’, Voice of America (October 6, 2021). Available at: https://www.voanews.com/a/us-navy-veteran-s-new-account-of-iran-detention-deemed-credible-by-sources-/6259652.html
116 Matthew Lee and Eric Tucker, ‘US Eyes Deal to Free American in Iran, Pushes Back on Swap’, Associated Press News (May 07, 2020). https://apnews.com/article/bb70762c60b2fdc1b831a4b1becdcc61
117 Hamshahrionline, ‘US Court Decision Against Iran (translated from Persian)’, The Iranian News Online (November 04, 2020). Available at: https://www.hamshahrionline.ir/news/555305/
118 See Mary O'Connor, ‘Nazanin Zaghari-Ratcliffe: Husband Vows to Continue Hunger Strike’, BBC News (October 28, 2021). Available at: https://www.bbc.com/news/uk-59079853 and https://www.bbc.com/news/uk-59079853
119 He started his hunger strike outside Whitehall in London, near the Foreign Office and Downing Street. The Foreign Office and Downing Street are respectively the Ministry of Foreign Affairs and the Prime Minister’s Office.
120 Patrick Wintour, ‘Court Hearing over UK’s £400m Tank Deal Debt to Iran Postponed’, The Guardian (April 19, 2021). Available at: https://www.theguardian.com/news/2021/apr/19/court-hearing-over-uks-400m-tank-deal-debt-to-iran-postponed
121 Patrick Wintour, ‘Iran Debt Row Holding Back Zaghari-Ratcliffe Release, says Husband’, The Guardian (October 31, 2019). Available at: https://www.theguardian.com/news/2019/oct/31/iran-debt-row-holding-back-zaghari-ratcliffe-release-says-husband
122 Jon Ungoed-Thomas and Sian Griffiths, ‘Nazanin Case “Linked to £400m Payment to Iran’, The Sunday Times, (May 26, 2019). Available at: https://www.thetimes.co.uk/article/nazanin- zaghari-ratcliffes-freedom-depends-on-400m-payment-to-tehran-05rj6flx7
123 Nazanin Zaghari-Ratcliffe, ‘I should have been freed six years ago’, BBC News. (March 21, 2022). Available at: https://www.bbc.com/news/uk-60819018 and https://www.bbc.com/news/uk-60819018
124 Ibid. BBC News (Note 123).
125 Doherty Ben, ‘Jailed Australian Kylie Moore-Gilbert Rejected Iran's Offer to Work as a Spy’, The Guardian (January 20, 2020). Available at: https://www.theguardian.com/australia-news/2020/jan/21/jailed-british-australian-kylie-moore-gilbert-rejected-irans-offer-to-work-as-a-spy
126 France 24-Television, Australian scholar Kylie Moore-Gilbert freed after two years in Iranian jail. (November 26, 2020). Available at: https://www.france24.com/en/middle-east/20201125-australian-scholar-kylie-moore-gilbert-freed-after-two-years-in-iranian-jail
127 See Iran Prison Atlas (IPA). Available at: https://ipa.united4iran.org/en/prisoner/5251/). (September 17, 2019).
128 Website Iran Prison Atlas (IPA) quoted from Euro News (October 5, 2019). Available at: https://ipa.united4iran.org/en/
129 Agence France-Press (AFP), French academic held in Iran accused of ‘collusion’, ( October, 28, 2019). Quoted by al-Arabiya News. Available at: https://english.alarabiya.net/News/middle-east/2019/10/28/French-academic-held-in-Iran-accused-of-collusion-Lawyer
130 Ghazal Golshiri and Allan Kaval, En Iran, la chercheuse franco-iranienne Fariba Adelkhah condamnée en appel à cinq ans de prison (In Iran, The French-Iranian academic ‘Fariba Adelkhah’ was sentenced to five years prisons). (Lemonde June 30, 2020). Available at: https://www.lemonde.fr/international/article/2020/06/30/la-chercheuse-franco-iranienne-fariba-adelkhah-condamnee-en-appel-a-cinq-ans-de-prison-en-iran_6044701_3210.html
131 Human Rights Activists News Agency (HRANA), Ahmad Reza Jalali is under pressure for forced confession. (August 13, 2019). Available at: https://www.en-hrana.org/ahmad-reza-jalali-is-under-pressure-for-forced-confession
132 Ibid. see ‘HRANA (Note 132).
133 Amnesty International, German-Iranian woman arbitrarily detained — Urgent Action, (January 27, 2021). Index: MDE 13/3588/2021 Iran. Available at: https://www.amnesty.org/en/documents/mde13/3588/2021/en/
134 Deutsche Welle (DW), German-Iranian activist Nahid Taghavi faces security charge in Iran, (April 28, 2021). (Deutsche Welle or DW is a German state-owned international broadcaster).Available at: https://www.dw.com/en/german-iranian-activist-nahid- taghavi-faces-security-charge-in-iran/a-57368264
135 Reuters. Iran sentences two dual nationals to over 10 years in prison each –lawyer. (August 4, 2021). Available at: https://www.reuters.com/world/middle-east/iran-sentences-two-dual-nationals-10-years-prison-each-lawyer-2021-08-04/
136 Human Rights Watch, Iran: Environmentalists Sentenced- Unfair Trial; Continued Due Process Violations, Available at: https://www.hrw.org/news/2019/11/22/iran-environmentalists-sentenced
137 The condition of political prisoners and environmentalist activists in Iran A report to the United Nations Universal Periodic Review October – November 2019; Available at: OHCHR C:/Users/bsoltani/Downloads/MZOF_UPR34_IRN_E_Main-2.pdf
138 Hrana, Available at: https://www.en-hrana.org/?s=environ
139 See IPA (Iran Atlas prison). Information reported in May-June 2018. Available at: https://ipa.united4iran.org/en/
140 See Donnelly 2013 (Note 1) at 117.
141 The US laws that give the power to a US administration to impose these sanctions mainly include the Trading with the Enemy Act of 1917, Sherman Antitrust Act (1890), the International Emergency Economic Powers Act (as amended through P.L. 110–96, enacted October 16, 2007), and the ILSA Extension Act of 2001.
142 Bahram Soltani, Regulatory Compliance, Risk Management and Control Mechanisms in the European Banking Industry, Annual Meeting of the American Accounting Association, 9–14 August 2019). San Francisco, California.
143 See Donnelly 2013 (Note 1) at 105.
144 Klaus D. Beiter, ‘Is the Age of Human Rights Really Over? The Right to Education in Africa: Domesticization, Human Rights-Based Development, and Extraterritorial State Obligation’, Georgetown Journal of International Law 49 (2017): 9–88, at 17.
145 See Donnelly 2013 (Note 1) at 207.
Additional information
Notes on contributors
Bahram Soltani
Bahram Soltani is Professor of management studies at the University of Paris 1 Sorbonne. He holds a postdoctoral degree and PhD in management. Prior to joining teaching and research activities, he worked as an audit manager and consultant for Big Four accounting firm Peat, Marwick, Mitchell & Co - Chartered Accountants in England - now KPMG. In the past decades, he has been involved in research activities in several fields of auditing, financial market, business ethics, corporate governance, financial regulations, corporate fraud and human rights. He has published several research papers (in English, Persian, French and German) in refereed journals and more than six research books mainly with leading international publishers.