https://www.iclj.ir/ International Criminal Law en daily 1 Sat, 21 Mar 2026 00:00:00 +0330 Sat, 21 Mar 2026 00:00:00 +0330 https://www.iclj.ir/article_244006.html The tendency of most criminal justice systems in the world towards restorative justice and the application of its tools, including the use of alternatives to prosecution, is undeniable. In the meantime, it is observed that some countries, such as England, have given the authority to apply some alternatives to prosecution and, in more complete terms, the authority to initiate the criminal prosecution process to the police. Therefore, the author, by studying the laws of this country and using a descriptive-analytical method, tried to examine the extent of the possibility of applying alternatives to prosecution by judicial officers in Iran. It was observed that the initiative of starting criminal prosecution or responding to petty crimes by applying alternatives to prosecution in England has a relatively long history. In this process, the police may use tools such as simple warning, formal warning, conditional warning, reprimand and final warning, etc. In Iranian law, however, the existence of a hierarchical model between officers and the prosecution, violation of the principle of separation of powers, lack of expertise and sufficient knowledge, etc., prevent the application of alternatives to prosecution by judicial officers. https://www.iclj.ir/article_244062.html The restitution of assets derived from financial crimes and corruption has been recognized in the United Nations Convention against Corruption as one of the fundamental principles in the fight against corruption. Differences in legal systems, weak institutional coordination, and limitations arising from state sovereignty, etc., have created serious obstacles in the processes of identifying, tracing, freezing, and returning such assets. In addition, legislative gaps, protracted judicial proceedings, and the absence of effective mechanisms for cooperation between countries have significantly restricted the effectiveness of the international obligations set out in the Convention. This study has been conducted using a library-based and descriptive‑analytical method. It seeks to answer the following questions: What are the main causes of the ineffectiveness of cooperation among states in the recovery of assets derived from financial crimes and corruption, and do effective legal provisions exist in the Iranian legal system regarding cooperation with other states in the field of asset recovery? The findings indicate that, despite the recognition of asset restitution as an international norm, numerous obstacles within national legal systems play a decisive role in the ineffectiveness of this process. In Iran’s domestic law, only limited references have been made to crime and corruption prevention and the necessity of asset recovery. Nevertheless, with respect to cooperation with other states, there is no comprehensive and coherent set of regulations covering all aspects of the issue. Accordingly, in most international instruments and conventions, the methods of implementation and modalities of cooperation are referred back to domestic legal systems. https://www.iclj.ir/article_222339.html Through studying history, we come to realize that war, violence, and bloodshed have been an inevitable part of human life. The efforts of experts to counter these harmful phenomena have not led to practical results and have failed to completely eliminate war. In the current research, the author aims to explain and analyze the principles and foundations governing universal human rights in Islam. The goal is to conduct a comparative analysis of the influence of international humanitarian law (OHLC) on Islamic humanitarian laws.By examining the era of early Islam, it becomes clear that the concept of human rights existed in the past and throughout history was influenced by religious concepts and philosophical theories, particularly Islamic ones. While some Western humanist scholars believe that many fundamental principles of universal human rights have deep roots in Islamic traditions, this research focuses on comparing international humanitarian laws with existing rules related to war and armed conflicts within Islamic jurisprudence.By carefully examining the body of legal rules governing warfare, from the 1858 Paris Declaration concerning naval warfare to the four Geneva Conventions and their protocols, as well as the United Nations Convention, it is evident that the foundations of international humanitarian law are deeply rooted in Islamic teachings. In other words, before these international human rights documents were formulated, Islam had mandated the observance of humane treatment during war and jihad over 14 centuries ago.For this reason, many scholars consider the principles of international humanitarian law to originate from Islamic laws. https://www.iclj.ir/article_233826.html Procedural independence in juvenile criminal justice is one of the most significant issues in modern criminal law, emphasizing the distinction between juvenile and adult proceedings. Its importance lies in the fact that the juvenile offender is not merely regarded as a criminal but as a developing individual in need of educational and social protection. In the Iranian legal system, the Code of Criminal Procedure of 2013 and certain special regulations have recognized the establishment of juvenile courts, the confidentiality of trials, the presence of lawyers and social workers, and restrictions on the publication of juvenile-related information. Nevertheless, shortcomings remain in legislative and practical dimensions, including the lack of sufficient specialized judges, weaknesses in supportive institutions, and cultural and social challenges that sometimes hinder the realization of the goals of procedural independence. On the other hand, international instruments such as the 1989 Convention on the Rights of the Child, the 1985 Beijing Rules, and the 1990 Riyadh Guidelines provide clear standards to ensure procedural independence in juvenile justice. A comparison of these instruments with domestic law shows that although positive steps have been taken in Iran, further legislative reforms and institutional strengthening are still needed. The findings of this study demonstrate that procedural independence is a necessary condition for achieving juvenile criminal justice, and without it, the rehabilitative and reformative aims of the system will not be realized. Therefore, greater alignment with international standards and the enhancement of institutional capacities in Iran are imperative. https://www.iclj.ir/article_243506.html Mechanisms for the Rehabilitation of Sex Offenders in Domestic Regulations and International Documents are one of the complex and debated topics in criminal justice systems. This article aims to analyze and evaluate different methods of reforming sex offenders with the aim of comparative study of methods and principles of rehabilitation of sex offenders in the two legal contexts of Iran and international regulations. At the international level, various documents such as the European Convention on Human Rights and UN declarations emphasize the observance of human rights and the prevention of torture and degrading treatment, and emphasize the need to provide humane conditions for the rehabilitation of sex offenders in prisons and after release. From the perspective of Iranian law, Articles 225 and 234 of the Islamic Penal Code, Article 10 of the Law on the Protection of Children and Adolescents approved in 2010, Article 82 and the second paragraph of Article 513 of the Criminal Procedure Code, and the rehabilitative approach of the Executive Regulations of the Prisons Organization approved in 2011 are important aspects of the reformative and rehabilitation approaches for sex offenders. The results of the article show that despite the differences in domestic and international approaches, creating a balance between punishment and reformation, and using human-centered methods, can lead to a reduction in recidivism and the successful return of criminals to society. In this regard, suggestions are made, https://www.iclj.ir/article_244184.html The expansion of the internet globally has been extensive, and Wi-Fi networks are now an integral part of daily life and business operations. Despite this, Wi-Fi networks, when not secured by their owners (and not the internet service providers), can provide a platform for misuse, harm and Commission of crimes against others. The lack of security in Wi-Fi networks often stems from various reasons, such as the need for open internet access and the convenience of providing services to customers. However, despite numerous warnings, a large portion of Wi-Fi networks remain insecure in various countries. Today, the development of legal systems, including the German legal system, increasingly inclines toward imposing responsibility not only on the direct perpetrator but also on the owner of an insecure Wi-Fi network. This liability is intended to deter the misuse of these networks for harmful activities. This article analyzes and evaluates the approaches of Germany and the United States to this issue and, in the context of Iranian law, proposes that, given the high incidence of crimes committed via insecure Wi-Fi networks, it would be feasible to apply civil liability rules to these network owners under general civil liability principles. Such a measure could serve as an enhanced deterrent, aligning with the secondary objectives of civil liability rules. Moreover, financial penalties might also be imposed on owners of unsecured Wi-Fi networks as a situational crime prevention strategy to curb cybercrimes.