نوع مقاله : علمی - پژوهشی
عنوان مقاله English
نویسندگان English
The present research aims to examine the capacities and challenges of the Iranian legal system regarding judicial protection for non-Iranian victims of international crimes. The primary question of this article is whether Iranian domestic courts have the possibility of conducting criminal and civil proceedings for claims brought by this category of victims against individual perpetrators and foreign governments. The research hypothesis is based on the premise that despite the existence of theoretical capacities in the Constitution and Article 9 of the Islamic Penal Code, fundamental legislative gaps in ordinary laws prevent the exercise of universal jurisdiction in Iranian courts. The findings of this research indicate that in the criminal sphere, obstacles such as the lack of independent criminalization of international crimes in domestic law, the prohibitive element of "dual criminality," and challenges related to the immunity of foreign officials have rendered the prosecution of perpetrators practically impossible. In the civil sphere, due to the prevailing principle of sovereign immunity of states and the restriction of retaliatory laws to "Iranian nationals," the path to compensation for foreign nationals affected by international crimes is blocked. Consequently, the Iranian legal system, in its current state, lacks the necessary infrastructure to adjudicate the claims of these victims. The enactment of comprehensive laws with the aim of explicit criminalization of international crimes, along with other appropriate measures, would serve as practical solutions to overcome this legislative impasse.
کلیدواژهها English