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Ahmadinejad and International Law
[Jerusalem Post] Irwin Cotler - Ahmadinejad should have been declared an inadmissible person and placed on the "U.S. Watchlist" of persons barred from entering the country. American law excludes from entry any person who has engaged in, or incited to, terrorist activity, or who "has used his position of prominence to endorse or espouse terrorist activity in a way that undermines United States' efforts to reduce or eliminate terrorist activities." Moreover, Ahmadinejad is in standing violation of the Genocide Conventions prohibition against the "direct and public incitement to genocide," which alone should be cause for exclusion. It should be recalled that Austrian President Kurt Waldheim was placed on the "U.S. Watchlist" for his participation in the persecution of civilian populations during World War II. A person who incites to genocide; who is complicit in crimes against humanity; who continues the pursuit of the most destructive weaponry in violation of UN Security Council Resolutions; who warns Muslims who support Israel that they will "burn in the umma of Islam;" who is engaged in a massive repression of human rights in Iran; who assaults the basic tenants of the UN Charter - such a person belongs in the dock of the accused, rather than the podium of the UN General Assembly. This is an opportunity for countries such as the U.S. and Canada to exercise necessary leadership in regard to one of the most important threats confronting the international community today. State parties should initiate, in the International Court of Justice, an inter-state complaint against Iran - for its "direct and public incitement to genocide" in violation of the Genocide Convention, to which Iran is party. The crimes of President Ahmadinejad and other Iranian leaders should be referred by the UN Security Council to the special prosecutor of the International Criminal Court for investigation and prosecution. The UN Secretary General should refer President Ahmadinejad and other Iranian leaders to the UN Security Council, on the basis of their threats to international peace and security, pursuant to Article 99 of the UN Charter. Recommended options for Iran have included everything from UN sanctions to possible military strikes. It is time that the above juridical options were initiated, which might also embolden progressive forces within Iran while holding the responsible individuals accountable. The writer is former minister of justice and attorney-general of Canada and professor of law at McGill University.