Iran can Sue in the case of the Stuxnet Virus

Although after the function of the Stuxnet virus in the Iranian nuclear program was revealed many considered Israel as the culprit, the new video released by Israeli sources confirms that the virus was designed by the military and intelligent institutions of that regime. The video broadcast in the valediction ceremony of Gabi Ashkenazi, the former general staff of the Israeli defense forces, lists briefly all of his achievements, and introducing the Stuxnet virus as one of his accomplishments. In an interview with Ali Khorram, professor and Iran’s ex-representative at the UN, Irdiplomacy reviews the matter and the channels available to sue in the case internationally.

IRD: Mr. Khorram, as you know, Haaretz Newspaper in a report (with pictures annexed from the valediction ceremony of Ashkenazi last Wednesday) stated that the Stuxnet virus development was introduced as an Ashkenazi’s achievement. Why did the Israelis take such a measure, and confirm it so obviously?

AK: Generally, If countries have a chance to act against each other, they will not lose the opportunity. For example, even Israel and the US who have mutual strategic relations sometimes take such measures against each other. Or based on the news broadcast last week, Oman and the UAE, seemingly never taking measures against each other and logically having good relationships, performed an operation against each other. Therefore, countries take the opportunity to act against each other, knowing no friend or foe in the relationship.

But in the case of Israel’s attempt against Iran and the use of the Stuxnet virus, it should be mentioned that countries officially try not to take measures revealing secrets or to leave documents causing problems, unless they are constituents of a multilateral project. As we know, in the case of Iran’s nuclear issue, the 5+1 group tries to find channels for resolution, sanctions, and economic, political and maybe technological pressures through which it puts Iran under pressure. Thus, Israel believes the matter to be in that framework, in which Israel might not agree due to the consequences, and has proposed a cyber war against Iran. In such a framework, Israel’s acts can be defined.

IRD: In this circumstance, is it possible for Iran to sue in the case internationally?

AK: It is evident that we can sue internationally for any action threatening Iran’s interest, security, national governance and land integrity, but in the case of referring it to international bodies, they would consider two things: first, is our circumstance exceptional, as there are different sanctions against us, and do we ourselves observe the rules and regulations of those bodies?

Two institutions in which we may sue are ITU and WIPO, both based in Geneva, and the latter defends countries’ immaterial properties. But first we should not have any weak points in our arguments before them. For example, we took legal action in those two organizations for the prevention of our satellite programs being broadcast, and for the sending static onto our radio and TV broadcasts.

Those organizations asked us if we have any background in sending interference to other countries’ radio and TV programs. If there was no background of our actions against their rules and regulations, they would consider our claims, but if we took such actions, they would not consider them.

In the case of Stuxnet, two factors are considered: sanctions and our background. But there is no limit or downside for us to take legal action in those bodies, even if it is not considered internationally valid, because it is beneficial for our future follow-up in matters such as this.