Tempers between the United States and Iran have flared over Iran’s nuclear program and its alleged intervention in Iraq and Afghanistan. Many have wondered if the two countries would ever find common ground. However, several controversial rulings in the United States federal court have resulted in just that: the United States’ Justice and State Departments have momentarily put aside their differences with Iran in order to protect several thousand Iranian cultural artifacts. [Also see: "NIAC enlists major law firm to protect Persian Tablets"]
The current situation that has Iran and the United States temporarily burying the hatchet is a delicate and controversial issue. The issue is a lawsuit brought by the American survivors (and families of victims) of a 1997 Hamas suicide attack in Jerusalem, in which five people were killed and over 100 injured.
The plaintiffs claim that several thousand priceless artifacts from the ancient city of Persepolis should be auctioned off to pay restitution for the terrorist attack. Thus far, they have won a string of judgments against the Iranian government. Until recently, the Iranian Government had refused representation in American federal court, therefore being ruled unable to refute support for Hamas or justification for punitive actions against the artifacts.
The onus of defending the artifacts had been with the University of Chicago, which has held the artifacts for over three quarters of a century. They had challenged the jurisdiction of the court and the ability of a civil court to defy a nation's sovereign immunity (a nation's freedom from being sued by individuals), but have been so far ruled unable to make that claim on the behalf of the government of Iran.
The Congress—while President Bill Clinton was in office—passed several acts that have introduced exceptions to the doctrine of sovereign immunity for countries sponsoring terrorism. These acts were later extended to allow individuals to file civil charges against state sponsors of terror, a ruling that has since been put to the test without much national coverage.
The current Iranian situation is different than the previous cases in many ways. This situation now revolves around the removal of literally thousands of priceless clay tablets and other artifacts recovered nearly 80 years ago in the former capital of the Persian Empire, Persepolis. The artifacts have been on loan to the University of Chicago for over seven decades and were in the process of being shipped back to Iran when the plaintiffs intervened.
So far, part of the $423 million penalty awarded to the survivors (and surviving relatives of the attack) has already been collected through various attempts, including the sale of the former Shah's Texas home. (The house was originally given to the Shah’s son and sold for over $400,000.) However, this new tactic has aroused suspicion and disbelief from the Iranian government, as well as outright shock from academics. “There's absolutely no justification for this. It's a bizarre, almost surreal kind of thing,” said Gil Stein, director of the Oriental Institute at the University of Chicago, in the Washington Post.
This legal struggle has transcended simple punitive action and has developed into a situation that could threaten international academic exchange. In the Washington Post article quoted above, Stein poses the following long-term question: “Would Egypt loan the treasures of King Tut if they thought they could be seized by anyone who had a beef with the government of Egypt?” While it is true that various American legislative acts allow for the sale of property connected to so-called "state sponsors of terror," this situation has risen above achieving monetary compensation—it punishes Iranian Americans by placing their heritage on a store shelf.
David Strachman, lawyer to the plaintiffs, was quoted during an NPR program, saying: “Whether they fetch 100 dollars or 100 thousand dollars or 100 million, whatever funds are raised should be used to compensate the victims.” He also added that the University of Chicago, as well as the Islamic Republic of Iran, are both more than welcome to join in on the bidding.
In response to this threat to the Iranian American culture, the National Iranian American Council has secured pro bono representation from a major D.C. law firm, Mayer Brown LLP. NIAC will operate as an Amicus Curiae, or friend of the court. NIAC will act as an unsolicited advisor with ties to neither party.
The actual removal and sale of the Persepolis artifacts will most likely result in losses for all sides involved. No money gained from the sale of these artifacts will revive the victims—or heal the pain—of the 1997 Hamas attack. Similarly, their sale will not restrict the flow of money to terror groups. And, the removal of these cultural pieces from the Iranian government into the hands of private buyers will do little to benefit the Iranian-American community.
Arash Hadjialiloo is an intern at the National Iranian American Council (NIAC).
Person | About | Day |
---|---|---|
نسرین ستوده: زندانی روز | Dec 04 | |
Saeed Malekpour: Prisoner of the day | Lawyer says death sentence suspended | Dec 03 |
Majid Tavakoli: Prisoner of the day | Iterview with mother | Dec 02 |
احسان نراقی: جامعه شناس و نویسنده ۱۳۰۵-۱۳۹۱ | Dec 02 | |
Nasrin Sotoudeh: Prisoner of the day | 46 days on hunger strike | Dec 01 |
Nasrin Sotoudeh: Graffiti | In Barcelona | Nov 30 |
گوهر عشقی: مادر ستار بهشتی | Nov 30 | |
Abdollah Momeni: Prisoner of the day | Activist denied leave and family visits for 1.5 years | Nov 30 |
محمد کلالی: یکی از حمله کنندگان به سفارت ایران در برلین | Nov 29 | |
Habibollah Golparipour: Prisoner of the day | Kurdish Activist on Death Row | Nov 28 |
On Frivolous lawsuit
by Anonymous_brother (not verified) on Thu Jan 01, 2009 09:07 PM PSTIran is not going to get a fair deal in this lawsuit. Lets face it the lawyer is a jew. The plaintiff are jews and so is the judge. If one thing we know about jews is that they love money and go to any extent to cheat you out of yours.
What Iran should do is to pass a law putting the burden of protecting the artifacts on the host country. Demand the return of the artifact and if they are not returned, add a hefty price tag to each and start accumulating interest. Then, they can do the same as other countries are doing to them. Grab any money from the host country they can and apply it to their lawsuit. I'm sure Iran will come across UK or US's money to compensate the price of these artifacts plus interest.
Javad, appreciate the
by Farhad Kashani (not verified) on Sun Mar 23, 2008 09:49 AM PDTJavad, appreciate the insults ! I’m not really sure where in my posting I’m implying that other people shouldn’t voice their opinion, but I will say this now that you are entitled to your criticism of my posting. I have to say though that people like me and like-minded, are the ones that the concept of freedom and democracy are more cherished than anything else to them. For us, living under oppression and without freedom of speech means death, unlike some of the so called “intellectuals” with Hobbesian ideology that believe “living under oppression is OK since it’s just a different lifestyle”, and “democracy and freedom are shallow concepts”.
To Farhad
by javad (not verified) on Fri Mar 21, 2008 12:24 PM PDTIf you don't hear and see the truth you must be deaf and blind! Can people not tell their opinion just like you do, because you don't like it? You are just like the people you are causing out. You perhaps would be worst than the government in Iran if you were in power.
To the midwest, You say we must be neutral in this matter and not mix it with politic,I agree, but then NIAC should keep out the statment about taking the house of shah's son for this. This makes it political! I don't belive a word of that. First he has nothing to do with hamas and they wouldn't take his house. second he wouldn't have $400,000 house. Unless is one of his billions of Dollars investments. In 1988 he spent $1,000,000 to build a dancing stage in his mansion when a lot of Iranian were starving. Do you think you are very smart or people are stupid? You just want to make him look good and fool people for your political purpose. If you are not one of Pahlavis, you are a big time supporter. They had their chance for 50 years and they didn't do jack! So is this government! If they don't take care of people in Iran, a real nationalist like mossadeh will emerge and this government will go too.
When you act as outlaws,
by Farhad Kashani (not verified) on Thu Mar 20, 2008 04:54 PM PDTWhen you act as outlaws, thugs, LAATS and ZANJEERKESH of the world, when you are bashing everyone day and night, when you are the main sponsor and inspiration of Islamic fundamentalism, when you post a threat to the entire world, when you brutalize your people like rarely seen in history, and then justify it as “standing up to imperialism” while losing your existence, soul and values, then you would lose sympathy, friends and respect. Those same U.S and Israel and others who some of these IRI supporters on this site bash all day, have had the patience of Ayoub that they haven’t nuked us yet! We should be lucky, thankful and pray that it stays like that. You want things to change and people start respecting our country, people and the name of Iran, then start effectively fight and overthrow the barbaric regime
Persepolis Fortification Archives
by Charles E. Jones (not verified) on Tue Mar 18, 2008 09:01 AM PDTThose who wish to read more about the project can consult the project blog:
The Persepolis Fortification Archive project based at the Oriental Institute of the University of Chicago
//persepolistablets.blogspot.com/
Persepolis Fortification Archive
by Charles E. Jones (not verified) on Tue Mar 18, 2008 12:39 AM PDTThose who wish to read further on issues relating to the Persepolis Fortification Archive are welcome to visit the projects's blog:
Persepolis Fortification Archive Project based at the Oriental Institute of the University of Chicago.
//persepolistablets.blogspot.com/
On issues as this one, on
by Anonymo (not verified) on Mon Mar 17, 2008 11:09 AM PDTOn issues as this one, on being against a foolish war to be started and Iran to be attacked, on discrimination issues (such as the Iranian-American college student who was unnecessarily tased several times in UCLA by a security guard who had a racist reputation), etc, the majority of Iranian-Americans agree with NIAC's position and appreciate their efforts, this is a no-brainer. On such issues as Iranian ancient artifacts being auctioned off, NIAC has the full support of the distinct majority of Iranian-Americans.
I don't what all this name-calling is all about and have no knowledge on the accusations, and therefore cannot have an opinion on accepting or rejecting them. If anyone has proof that NIAC is related to or is working for the Islamic Republic, why aren't they contacting the authorities? Until such time, the anti-NIAC comments by some are nothing but unsubstantiated and most likely, politically-driven accusations.
One thing is for sure, had NIAC not been campaigning against the propoganda for a foolish war on Iran, the Freds and the Mamads and the Alis and Jamshid aliases in this site would not consistently object to and attack NIAC. This seems to be their major beef, NIAC being against a foolish Iran war.
This webpage (Iraniancom) is open to all people and as is very clear, persons from different nationalities express their opinions (although most use Iranian aliases).
support
by Dariush (not verified) on Mon Mar 17, 2008 10:56 AM PDTI support NIAC 100% and thank them for their effords. But it seems JUST, if this case was held in a neutral country due to the conflict of interests in the United States. I am saddened to see that such artifacts are not protected by law or some kind of effective agreements prior to removal from Iran. Is there such law or agreement in this case? Is the university of Chicago not responsible to protect them from such actions?
Iran's Heritage
by Bahramerad on Mon Mar 17, 2008 03:28 AM PDTSo now it all comes out into the open.
The result of the Amirahmadi travelling to Iran - ostensibly at first reported that - He was there to visit his 97 year old ailing mother- and then reporting in his own web pages at The National Iranian American Council that - He was there actually to meet and discuses various projects with the Iranian government — (He even mentions a meeting with Ahmadinejad)-is that once again he is involved in cleaning the IRI dirty laundry for them in America.
I would suggest that the only subject that is furthest from NIAC's agenda is-The Iranian Heritage - and that they will jump on any bandwagon to enrich their back pockets - Pro Bono -- my foot. You mean to tell me that he has not been promised riches for this service? I am certainly not so naive to believe this - You can if you want to.
Nationalism mimicking act a la Islamists
by Fred on Mon Mar 17, 2008 01:46 AM PDTOne can always be certain of having hit a nerve whenever Islamists start foaming at the mouth en mass and revert to language they feel most at home with. This latter day nationalism mimicking act of theirs and The Islamist lobby NIAC might fool the gullible, but not that many others. Their beloved Islamist Republic has placed the Iranian nation in this dire situation and by them flashing the “we love Iran” card and blaming the victims for their Islamist handiwork is just rich. Perhaps another commemorative Emad Moghnieh stamp would help!
Dear Anonymousk, don't worry
by Q on Sun Mar 16, 2008 10:55 PM PDTfirst of all, your "name" is "anonymousk". Perhaps if you weren't represeted by a picture of a chicken, you may have a point about whom you wish to associate with. Until you find some small amount of courage, you need not worry about who "represents" your "name."
Second, you are welcome to start your own organization and dedicate (waste) all your time knocking down NIAC or anyone else you wish. You have a right to defend Iran how you wish to do it. It would actually be very productive. Perhpas you should get off your behind and actually do something instead of bitching all day long at people who really are getting things done.
You're underestimating Iranian's intellects.
No, I'm not underestimating anyone. I am a performance based individual. I judge people not by the size of their mouth, but by their actions. I have seen nothing useful from Monarchists, MEK or whoever else claimed to represent Iranians before NIAC came along. If I'm wrong, perhaps you can correct me by pointing to any accomplishment at all for Iranians inside or outside Iran that any other group has done in the US in the past 30 years.
Qumars
Niac intentionally or
by Anonymousk (not verified) on Sun Mar 16, 2008 07:27 PM PDTNiac intentionally or unintentionally represents and promotes the IRI's agenda and policies and NOT the Iranian Nation.
Iranian people don't need I or Fred to recognize NIAC's thinly veiled "adovacy" of Iranian-Americans as utter fraud.
You're underestimating Iranian's intellects. NIAC may be able to recruit young and inexperienced Iranian-Americans who are naive and foolish but no one else is under any delusion about NIAC et al.
I don't want my name associated with NIAC. They should stop exploiting Iranian-American causes to further their own agenda. It's outrageous and unethical.
To anti-Iranians like Fred, and Anonymousk
by Q on Sun Mar 16, 2008 06:53 PM PDTyou can criticize NIAC all you want. But where the hell were you guys when they were putting together the budget and the logistics to do this defense? What did you do to organize a response to this? That's right, you did nothing. All you did was sit and bitch about "Islamist" this and "IRI" that, while NIAC is carrying on the burden on all our behalf.
Everyone else please consider donating to NIAC or becoming a member.
//www.niacouncil.org/index.php?option=com_con...
This is another reason...
by Midwesty on Sun Mar 16, 2008 04:15 PM PDTThis is another reason to believe what they are aiming at is not IRI but the heritage of all Iranians. What we, despite our differences, have held close to our hearts for thousands of years are in the hands of a monstrous greed. But this is not the worst part; all supposedly “true Iranians” with their pure Arian names, bells and whistles are silent regarding this issue. What should we believe? Their untimely and dark silence or their usual act of beheading the messenger for bringing bad news? I suppose pieces of meat that these big mouths are attached to should not be worth the effort but it was the awful foul odor coming out of these mouths that made this unbearable. I thank NIAC for brining this to our attention however as you see there is no guarantee on the action from our side even for a subject that is this neutral, bipartisan, and free of politics.
compensation or retaliation
by Dariush (not verified) on Sun Mar 16, 2008 02:00 PM PDTYou say people in Iran are against the goverment and want change. If you are not lying, Then why punish people for what the goverment is doing? Don't you think this will make them to hate west rather than love. Is this how you want to win people's heart and minds? Do you think goverment gives a damn or Is this in retaliation for the oil price increase? It seems to me ignorance is digging the whole deepper and deeper.
The dyslexic Archangel of the Islamist lobby NIAC
by Fred on Sun Mar 16, 2008 01:57 PM PDTLets hope those who according to you contribute so much money to NIAC, the Islamist lobby, unlike you harbor less vitriolic resentment toward every single adversary of the Islamist Republic. At the minimum, lets hope they are at least a tad more careful readers than you have proven to be.
The artifacts should be held
by Anonymousk (not verified) on Sun Mar 16, 2008 01:42 PM PDTThe artifacts should be held by a third party and should not be given back to the Islamic Republic or anyone associated with NIAC.
The Islamic Republic will probably destroy them as soon as they get them.
Indictment of Mr. Esfandiar Rahim-Mosha'i, head of Islamic Republic of Iran Cultural Heritage Organization, for Crimes against Humanity
Pasargad Heritage Foundation, as an official non-profit organization concerned with the fate of human cultural and archaeological heritages, has been obliged to take the file on Mr. Rahim Mashai to International authorities and, putting his name alongside those responsible for destruction of world heritages such as the Taliban, has filed a complaint against him asking for a hearing on his intentional and systematic endeavors to destroy the ancient cultural treasures of the Iranian Nation
//www.savepasargad.com/january/Indictment%20of%20Mr.%20Esfandiar%20Rahim-Mosha'i.htm
Save Pasargad:
//www.petitiononline.com/Pasargad/petition.ht...
I wonder if NIAC has written a letter of indignation to the Islamic Republic in regards to destroying Pasargad????
Frivilous? Fred - shame on you!
by Fereshteh K (not verified) on Sun Mar 16, 2008 01:05 PM PDTFred - you call this frivolous? My god, to what depths are you Monarchists, MKO terrorists, Mohammad Parvin and Marze Porgohar thugs willing to go to get your revenge? Are you the Iranian-Americans that the Jewish lawyer seeking to grab our heritage is referring to when he says that Iranian-Americans are supporting his lawsuit? It wouldn't surprise me. You are such vatanforoushs!
Kudos to NIAC to taking real constructive action to protect our heritage! No wonder NIAC is raising so much money from our community - they deliver real results!
You be the judge
by Dariush (not verified) on Sun Mar 16, 2008 12:57 PM PDTI just heard the news about the compensation of Iraqies killed and raped by American. American goverment said they have done nothing wrong therefore, they should not compensate the Iraqies for anything. You be the judge!!!!!!!!!
My Artifacts
by Dariush (not verified) on Sun Mar 16, 2008 12:26 PM PDTI am Dariush. Those artifacts are from my house in shiraz. They shouldn't have been in chicago. It must be one of mohammad's screw ups. I mean mohammad reza pahlavi. I want them to be sent back to Iran immediately. I will have his son send you a check from all the money mohammad stole from Iran for the compensation. I also want to be compensated for my house burned by Alexander.
Thanks
by farah-in-kentucky (not verified) on Sun Mar 16, 2008 11:48 AM PDTThank you for your informative article. It's appalling to contemplate. Iranian government is inept on so many levels, giving away national treasures, borders, islands, seas, and gulfs. They really don't deserve to rule a country with such heritage, vastness, and resources. I am glad NIAC is working on the issue, raisig awareness. All the power to them. History will show who was a traitor to Iranian interests and who was a true defender of Iran's heritage.
Frivolous case
by Fred on Sun Mar 16, 2008 11:41 AM PDTPerhaps the Islamist lobby NIAC can ask their benefactor to stop their wholesale support of international terrorism. Only then the Iranian cultural heritage can truly be defended in these frivolous cases.