Feasibility of Confronting the Islamic Republic of Iran with the International Crimes of the Zionist Regime through Accession to the Rome Statute according to the Jurisprudential Considerations of The Guardian Council

Document Type : Original Article

Author

Assistant Professor, Department of International Law, Faculty of Law, University of Qom, Qom, Iran

10.22034/qjplk.2025.2007.1806

Abstract

The repetition of Israel's international crimes, especially after the “Al-Aqsa Storm” operation in October 2023, once again brought up the need to deal with this type of crimes in Iran's legal circles. Therefore, the proposal to join the statute International Criminal Court was presented as one of the solutions. Considering the historical role of the Guardian Council in shaping the rules of Iran's accession to international treaties, this article answers the question that if a decision is taken to ratify the statute of the Court, what jurisprudential obstacles will Iran's accession to this treaty face? Jurisprudential obstacles are meant the obstacles that the Council has expressed during the years after the revolution in its Shariah-Supervision in joining international treaties and agreements. Therefore, while investigating the role of the Council in this regard, the following article examines possible objections of the Council, such as Nafy-i Sabīl (negation of domination), the difference in criminal titles, the difference in the system of punishment, in a comparative manner between the opinions of the Council and the provisions of the Statute. Based on these fundamental problems and Iran's need to have a legal basis to deal with international crimes, the conclusion of this article is to design a domestic legislative model for the criminalization of international crimes based on domestic needs and contexts and in line with the general rules of international criminal law; A model that makes it possible for Iran's courts to prosecute international crimes such as what occurred in Gaza from the perspective of international law.

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