1
Ph.D in Public International Law, Faculty of Law, Central Tehran Azad University, Tehran, Iran.(Corresponding Author)
2
M.A Student in Human Rights, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract
Article 9 of the Islamic Penal Code is of interest from two points of view. First, it can be considered as a provision to grant international jurisdiction to national courts and as a reason for prosecuting the perpetrators of international crimes inside the country, and secondly Article 9 of the Civil Code is a tool for introducing the notion of self executing international regulations in domestic legal system of Iran. In this research, it has been tried to prove by descriptive-analytical method that the said article is ineffective despite granting universal jurisdiction to national courts. Based on this, some suggestions are provided to overcome this problem. Nevertheless, this article has a more progressive approach compared to Article 9 of the Civil Law because it is out of the framework of commitment to treaty obligations and pays attention to the provisions of general international law.
Issayan,J. and Issayan,A. (2023). Article 9 of the Islamic Penal Code, a Meaningless Rule for Dealing with International Crimes: A Human Rights Approach. International Criminal Law, 1(4), 27-40.
MLA
Issayan,J. , and Issayan,A. . "Article 9 of the Islamic Penal Code, a Meaningless Rule for Dealing with International Crimes: A Human Rights Approach", International Criminal Law, 1, 4, 2023, 27-40.
HARVARD
Issayan J., Issayan A. (2023). 'Article 9 of the Islamic Penal Code, a Meaningless Rule for Dealing with International Crimes: A Human Rights Approach', International Criminal Law, 1(4), pp. 27-40.
CHICAGO
J. Issayan and A. Issayan, "Article 9 of the Islamic Penal Code, a Meaningless Rule for Dealing with International Crimes: A Human Rights Approach," International Criminal Law, 1 4 (2023): 27-40,
VANCOUVER
Issayan J., Issayan A. Article 9 of the Islamic Penal Code, a Meaningless Rule for Dealing with International Crimes: A Human Rights Approach. ICLJ, 2023; 1(4): 27-40.
