Iran Exiles Sue President Raisi in US Ahead of UN Meet

In this file photo taken on July 19, 2022, Iran's President Ebrahim Raisi takes part in a joint press conference with his Russian and Turkish counterparts following their summit in Tehran. (AFP)
In this file photo taken on July 19, 2022, Iran's President Ebrahim Raisi takes part in a joint press conference with his Russian and Turkish counterparts following their summit in Tehran. (AFP)
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Iran Exiles Sue President Raisi in US Ahead of UN Meet

In this file photo taken on July 19, 2022, Iran's President Ebrahim Raisi takes part in a joint press conference with his Russian and Turkish counterparts following their summit in Tehran. (AFP)
In this file photo taken on July 19, 2022, Iran's President Ebrahim Raisi takes part in a joint press conference with his Russian and Turkish counterparts following their summit in Tehran. (AFP)

An exile group announced a New York lawsuit against Iranian President Ebrahim Raisi Thursday, challenging US authorities to take action against him as he is expected to arrive next month for the UN General Assembly.

The National Council of Resistance of Iran said the suit accused Raisi of torture and murder in a 1988 crackdown on Iranian dissidents.

Echoing similar complaints filed in England and Scotland, the civil lawsuit says that in 1988 Raisi was a member of the so-called "death commission," four judges who directly ordered thousands of executions as well as torture of members of the opposition People's Mojahedin Organization of Iran, known as the MEK.

The MEK is the largest partner of the NCRI.

It is "beyond doubt that as deputy state prosecutor for Tehran province, Ebrahim Raisi, was a member of that death commission," Steven Schneebaum, the lead attorney in the lawsuit, said in a Washington press conference organized by the NCRI.

The suit was filed in federal court in New York last week in the names of two people tortured at the time and a third person whose brother was executed.

It cites Amnesty International and US sanctions declarations that accuse Raisi of complicity in the 1988 events.

The suit asks for unspecified damages for torture, extrajudicial killings, genocide and crimes against humanity.

The suit challenges the belief that Raisi, who was elected president last year, enjoys immunity under US law as a head of state and also an official foreign representative attending the United Nations annual general meeting at the UN headquarters in New York.

Schneebaum said that, for one, Raisi is not a diplomat officially accredited to the United Nations.

Secondly, he said, while Raisi is president, the real head of state of Iran is Supreme Leader Ali Khamenei.

"Raisi is not a diplomat... and is not eligible for the privileges extended under the Vienna Convention. Nor is he in fact a head of state," Schneebaum said.

If US authorities accept those arguments, they could serve Raisi with a warrant if he attends the UN meetings beginning September 13.

That would require him to submit a plea withing 21 days, said Schneebaum.

The US State Department did not immediately respond to a questions on its view of Raisi's status.



How Likely Is the Use of Nuclear Weapons by Russia?

This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
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How Likely Is the Use of Nuclear Weapons by Russia?

This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)

On 24 February 2022, in a televised speech heralding the Russian invasion of Ukraine, President Vladimir Putin issued what was interpreted as a threat to use nuclear weapons against NATO countries should they interfere.

“Russia will respond immediately,” he said, “and the consequences will be such as you have never seen in your entire history.”

Then on 27 February 2022, Putin ordered Russia to move nuclear forces to a “special mode of combat duty’, which has a significant meaning in terms of the protocols to launch nuclear weapons from Russia.”

Dr. Patricia Lewis, director of the International Security program at Chatham House, wrote in a report that according to Russian nuclear weapons experts, Russia’s command and control system cannot transmit launch orders in peacetime, so increasing the status to “combat” allows a launch order to go through and be put into effect.

She said Putin made stronger nuclear threats in September 2022, following months of violent conflict and gains made by a Ukrainian counterattack.

“He indicated a stretch in Russian nuclear doctrine, lowering the threshold for nuclear weapons use from an existential threat to Russia to a threat to its territorial integrity,” Lewis wrote.

In November 2022, according to much later reports, the US and allies detected manoeuvres that suggested Russian nuclear forces were being mobilized.

Lewis said that after a flurry of diplomatic activity, China’s President Xi Jinping stepped in to calm the situation and speak against the use of nuclear weapons.

In September 2024, Putin announced an update of the 2020 Russian nuclear doctrine. The update was published on 19 November 2024 and formally reduced the threshold for nuclear weapons use.

According to Lewis, the 2020 doctrine said that Russia could use nuclear weapons “in response to the use of nuclear and other types of weapons of mass destruction against it and/or its allies, as well as in the event of aggression against the Russian Federation with the use of conventional weapons when the very existence of the state is in jeopardy.”

On 21 November 2024, Russia attacked Dnipro in Ukraine using a new ballistic missile for the first time.

She said Putin announced the missile as the ‘Oreshnik’, which is understood to be a nuclear-capable, intermediate-range ballistic missile which has a theoretical range of below 5,500km.

Lewis added that Russia has fired conventionally armed nuclear-capable missiles at Ukraine throughout the war, but the Oreshnik is much faster and harder to defend against, and suggests an escalatory intent by Russia.

Nuclear Response During Cold War

In her report, Lewis said that nuclear weapons deterrence was developed in the Cold War primarily on the basis of what was called ‘mutually assured destruction’ (MAD).

The idea behind MAD is that the horror and destruction from nuclear weapons is enough to deter aggressive action and war, she added.

But the application of deterrence theory to post-cold war realities is far more complicated in the era of cyberattacks and AI, which could interfere with the command and control of nuclear weapons.

In light of these risks, presidents Biden and Xi issued a joint statement from the 2024 G20 summit affirming the need to maintain human control over the decision to use nuclear weapons.

The US and Russia exchange information on their strategic, long-range nuclear missiles under the New START agreement – a treaty to reduce and monitor nuclear weapons between the two countries which is set to expire in February 2026.

But, Lewis said, with the US decision to exit the Intermediate Nuclear Forces (INF) Treaty in 2019, there are no longer any agreements between the US and Russia regulating the number or the deployment of ground-launched nuclear missiles with a range of 500-5,500 km.

She said short-range nuclear weapons were withdrawn and put in storage as a result of the 1991 Presidential Nuclear Initiatives but are not subject to any legal restraints.

The 10th NPT Review Conference was held in 2022 in New York. The issue of nuclear weapons threats and the targeting of nuclear power stations in Ukraine were central to the debate.

Lewis noted that a document was carefully crafted to finely balance concerns about the three pillars of the treaty – non-proliferation, nuclear disarmament and the peaceful uses of nuclear energy. But Russia withdrew its agreement on the last day of the conference, scuppering progress.

“It was believed that if Russia were to use nuclear weapons it would likely be in Ukraine, using short range, lower yield ‘battlefield’ nuclear weapons,” she said, adding that Russia is thought to have more than 1,000 in reserve.

“These would have to be taken from storage and either connected to missiles, placed in bombers, or as shell in artillery,” Lewis wrote.

Increasingly the rhetoric from Russia suggests nuclear threats are a more direct threat to NATO – not only Ukraine – and could refer to longer range, higher yield nuclear weapons.

For example in his 21 September 2022 speech, Putin accused NATO states of nuclear blackmail, referring to alleged “statements made by some high-ranking representatives of the leading NATO countries on the possibility and admissibility of using weapons of mass destruction – nuclear weapons – against Russia.”

Putin added: “In the event of a threat to the territorial integrity of our country and to defend Russia and our people, we will certainly make use of all weapon systems available to us. This is not a bluff.”

There have been no expressed nuclear weapons threats from NATO states.

NATO does rely on nuclear weapons as a form of deterrence and has recently committed to significantly strengthen its longer-term deterrence and defence posture in response to Russia’s invasion of Ukraine.

The current UK Labor government has repeatedly reiterated its commitment to British nuclear weapons – including before the July 2024 election, according to Lewis.

Therefore, she said, any movement to ready and deploy Russian nuclear weapons would be seen and monitored by US and others’ satellites, which can see through cloud cover and at night – as indeed appears to have happened in late 2022.

Lewis concluded that depending on other intelligence and analysis – and the failure of all diplomatic attempts to dissuade Russia – NATO countries may decide to intervene to prevent launch by bombing storage sites and missile deployment sites in advance.