AMIA prosecutor requests international arrest warrant for Khamenei
AMIA prosecutor Sebastián Basso requested an arrest warrant for Iran’s Supreme Leader Ali Khamenei over his alleged role in the 1994 Buenos Aires bombing.
Sebastián Basso, the lead prosecutor in the AMIA bombing case, has requested a national and international arrest warrant against Iranian Supreme Leader Ayatollah Ali Khamenei due to his direct involvement in the bombing of the Jewish community center in Buenos Aires in 1994, according to Argentinian daily Clarín on Wednesday.
In 1994, the Asociación Mutual Israelita Argentina Jewish community center was bombed, killing 85 and wounding 300. Hezbollah is believed to be behind the attack, with Iranian backing and support.
According to Basso, Khamenei “led the decision to carry out a bomb attack in Buenos Aires in July 1994 and issued executive order (fatwa) 39 to carry it out.”
Basso requested of Argentinian Federal Judge Daniel Rafecas that Khamenei “be called to give a statement in relation to his involvement in the attack on the AMIA headquarters on July 18, 1994, along with the other Iranian suspects mentioned in this report.”
Khamenei “sponsored an armed organization that operates clandestinely outside of Lebanese territory and is linked to the Hezbollah movement, which for decades has carried out numerous attacks on the lives and property of people that must be clarified as terrorist acts, including the AMIA attack,” Basso stated.
Basso requested that Interpol be notified “for the purpose of executing the arrest.” He also ordered Argentina’s federal security forces to arrest Khamenei if he steps on Argentinian soil.
Clarín noted that this represents a shift from the position of previous prosecutors and intelligence agents, who saw Khamenei as having immunity due to his official role.
Khamenei's immunity
Khamenei’s immunity was based on a doctrine of par in parem non habet imperium, which means that equals have no jurisdiction over each other, thereby reinforcing the principle of the sovereign equality of states. This principle holds that one state cannot exercise its powers over, or interfere in, the lawful activities of another foreign state, Basso argued in the document obtained by Clarín.
“In this context,” he added, “it is important to stress that the principle of immunity not only covers activities carried out by the state itself but also acts committed by high-ranking officials: heads of state, diplomatic and consular officers, foreign ministers, and other ministers on official overseas missions.”
According to Basso, “It’s essential to clearly distinguish between the principle of state immunity, head of state immunity, and the immunities of diplomatic agents, consular officers, and certain cabinet members. It’s also important to note the sources of this principle, which has historically been governed by customary international law. However, as these distinct immunities evolved, conventional regulation emerged in certain cases.
“In this regard, Article 27 of the Rome Statute establishes that no form of immunity can be invoked before the International Criminal Court, and its second section emphasizes the distinction between domestic and international immunities,” Basso said.
Khamenei served as Iranian President from 1981 to 1989 before succeeding Ruhollah Khomeini as Supreme Leader in 1989.
Argentina and Iran have had only chargé d’affaires-level diplomatic relations since 1994, and this decision could further strain bilateral ties.