Following the failure of negotiations with the newly established government of the Islamic Republic and Ayatollah Khomeini’s fatwa for jihad against the people of Kurdistan on August 19, 1979, Kurdish parties were involuntarily drawn into armed conflict due to the full-scale military assault by government forces. This conflict gradually led to the retreat of the Kurdish parties into Iraqi Kurdistan.
During the Iran-Iraq war, these parties maintained bases along the border between the two countries. One such base was located in the village of Biyara (in Halabja province), where Peshmergas of the Komala Party (then the Kurdistan Organization of the Communist Party of Iran) were stationed.
In March 1988, amid the shifting dynamics of the war between the two warring states, Iranian forces launched an offensive into Iraqi territory, forcing Iraqi forces to retreat. In this complex war situation, a battalion of Peshmergas known as the “Shwan Battalion” became encircled by both warring parties.
On March 15, 1988, the Iraqi Ba’athist regime launched a chemical bombardment of the city of Halabja, resulting in the deaths and severe poisoning of thousands of civilians in the region. The intensity of the chemical attacks was such that the Peshmergas of the Shwan Battalion, including female Peshmergas, suffered from poisoning, suffocation, and severe vision impairment.
According to multiple accounts regarding the fate of these Peshmergas, Iranian forces attacked them following their exposure to chemical agents. Out of the 68 Peshmergas present, only 12 survived and were captured by Iranian forces. These surviving Peshmergas were transferred to Sanandaj prison, where they endured severe physical and psychological torture. Subsequently, during the mass executions of political prisoners in August and September 1988, they were executed by firing squad in Sanandaj prison.
It is worth noting that various accounts of this tragedy have been published, some of which contain discrepancies regarding specific details and even the number of captives. Despite these personal and political narratives, this atrocity has not been examined from a legal perspective. Therefore, in accordance with its fundamental mission, the Hana Human Rights Organization focuses solely on the legal and human rights aspects of this case.
From a legal standpoint, the warring state parties bear responsibility for this crime in proportion to their actions and violations of fundamental principles of international humanitarian law in armed conflicts. Iraq, due to the prohibition of chemical weapons under international law, bears responsibility for this crime. However, this case has never been addressed in domestic courts or international tribunals.
On the other hand, the Islamic Republic of Iran and its commanders bear individual criminal responsibility. The confrontation between Iranian forces and Kurdish Peshmergas falls under the scope of international humanitarian law governing non-international armed conflicts. Based on available evidence, the Islamic Republic has consistently failed to adhere to these rules, which are intended to ensure greater protection for victims and non-combatant fighters.
Under Article 3, common to the four Geneva Conventions of 1949, and Article 1 of the 1977 Additional Protocol II to these Conventions, the Islamic Republic was obligated to observe international humanitarian law in its treatment of the Shwan Battalion Peshmergas, including during the attack and their subsequent captivity. Violating these provisions constitutes a war crime under international criminal law.
Furthermore, following the capture of these Peshmergas, the Iranian government and its officials committed acts of torture and inhumane treatment, which constitute a blatant violation of Iran’s international obligations under the 1966 International Covenant on Civil and Political Rights.
The captured Peshmergas, including several female Peshmergas, were deprived of the most basic human and legal rights, including the right to legal representation and due process in a criminal proceeding. They were executed by order of the Sanandaj Revolutionary Court without any access to their families.
The legal department of the Hana Human Rights Organization, while expressing solidarity with the families of the victims on the anniversary of this atrocity, will dedicate all its efforts to documenting this case and pursuing potential legal mechanisms to seek justice for the victims’ families in international forums and within the framework of transitional justice.