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. https://www.iclj.ir/article_244582.html Female Genital Mutilation/Cutting (FGM/C) constitutes one of the most severe forms of gender‑based violence and persists despite extensive international human rights commitments. This article adopts an analytical‑comparative approach to examine the relationship between international legal obligations and national criminal responses to FGM/C. By analyzing key human rights instruments—including CEDAW, the Maputo Protocol, and the Istanbul Convention—and comparing four legal systems (Iran, Kenya, Egypt, and France), the study demonstrates that criminalization alone is insufficient without institutional support and cultural transformation. The findings reveal that in Iran, despite the lack of any religious justification for the practice, the absence of a specific criminal provision results in judicial silence and inadequate victim protection. In contrast, legal systems with explicit legislation and dedicated enforcement mechanisms have achieved tangible reductions in prevalence. The article concludes that effective eradication of FGM/C requires a holistic criminal policy that integrates explicit criminalization, institutional safeguards, and socio‑cultural reform, enabling a shift from passive tolerance toward an active, rights‑based penal approach. https://www.iclj.ir/article_244583.html The expansion of social networks over the past decade has transformed the structure of crime and victimization in cyberspace and has exposed crimes against reputation to new dimensions and instances. Behaviors that were previously analyzed in Iranian criminal law mainly under the heading of insult, defamation, spreading lies, satire, and slander have become more intense and complex in the digital context with new publishing capabilities, the possibility of endless reproduction of content, the anonymity of users, and the elimination of geographical boundaries, and have left more serious consequences on the reputation and dignity of individuals. This study, with a descriptive-analytical approach and based on a documentary review, attempts to clarify how the technological and structural features of social networks play a role in the formation of new instances of defamation and to what extent the existing Iranian regulations are responsive in terms of defining instances, determining liability, the possibility of collecting and citing digital evidence, and ensuring compensation and restoration of reputation. The analysis of the laws shows that the current regulations, including the Islamic Penal Code and the Computer Crimes Law, face conceptual, legislative, and executive gaps in the face of emerging challenges in this area. The findings indicate that improving the efficiency of Iran's criminal policy requires redesigning a coherent and up-to-date mechanism that is compatible with the requirements of technology, digital behavior, and new governance standards in the international arena. https://www.iclj.ir/article_244584.html Participating the offender and the victim in a negotiation process, local community cooperation, and repairing damages to create peace are among the goals of restorative justice in criminal justice. Restorative justice is a rapidly growing social movement and a set of practices that aim to change the direction of society's retaliatory (punishment-oriented) response to crime. This article uses a descriptive-analytical method to examine how restorative justice (restorative capacities) can help solve the problem of environmental crimes and damages in the domestic and comparative law arena by implementing social and public services. In this regard, it uses participatory and inclusive processes in which people who share in this situation (victims, offenders, members of the community; representatives of the criminal justice system) come together to jointly resolve how to deal with the consequences of the crime and its implications for the future. In addition to the goal of repairing the damage done, restorative justice has a future aspiration: to prevent recidivism by confronting the offender with his victim, which can lead to repentance and behavior change. The findings of the research in the field of comparative law restorative justice for victims of environmental crimes also indicate that, given the many advantages of using alternatives to imprisonment and community service in the field of the environment, specific laws should be passed in the field of environmental crimes and punishments, in which the mechanism for using this capacity is foreseen. https://www.iclj.ir/article_244585.html The criminal justice system is full of concerns and issues that always create challenges for those in charge of this matter. In the meantime, the issue of drugs and the problems it faces has always been one of the concerns of society. This concern can be calmed when a solution is presented for it. In this study, the legal systems of Iran and Canada, with an emphasis on cannabis, seek to find a solution to reduce this concern. Canadian law has taken a path in which it is in the post-criminological stage with the decriminalization of this type of drug. The Iranian legal system is also challenging the reasons for the growth of this type of addiction in society and is seeking legal and criminological solutions. The importance and necessity of the adverse effects of the drug problem require its examination in various dimensions, and the Canadian legal system can be a good example not for mere imitation but for learning from their experiences. Decriminalization or continued criminalization is a very important issue that is one of the main challenges in the text of the article. https://www.iclj.ir/article_244587.html Drug trafficking offenses are among the most serious threats to public health and social security. For decades, Iran’s legal system has relied on harsh criminal policies such as capital punishment and long-term imprisonment in dealing with these crimes. However, experience has shown that this approach has not been effective in reducing crime rates and has even led to negative consequences, including prison overcrowding and international pressures regarding human rights compliance. Adopting a critical and comparative perspective, this study examines the inefficiency of repressive punishments in Iran while analyzing the criminal policies of the European Union, where rehabilitation, proportionality of punishment to crime, and non-custodial alternatives play a significant role. The research method is qualitative, based on the analysis of legal documents, judicial practices, and scholarly literature. The findings indicate that drawing on the experiences of European countries—such as expanding alternative sanctions, emphasizing rehabilitation, and harmonizing criminal policies—can enhance the effectiveness of Iran’s criminal justice system. Finally, the study offers recommendations for transitioning from a purely repressive approach toward more balanced and humane policies. https://www.iclj.ir/article_244588.html With the ineffectiveness of imprisonment, alternative punishments to imprisonment have been considered as one of the effective solutions in this regard. The purpose of this article is to examine the approach of Iranian and Turkish criminal law towards public service and community service and fines as some examples of alternative punishments to imprisonment. This article is descriptive and analytical and uses a library method to examine the mentioned issue. The findings indicate that public service and community service and fines are accepted in Iranian criminal law, but the necessary infrastructure and implementation platforms for the implementation of public service and community service have not been provided, and the implementation of this type of punishment faces challenges in practice. For example, many institutions responsible for providing public services have refused to accept individuals convicted of crimes, and specific mechanisms have not been developed in this regard. In Turkish criminal law, unlike Iranian law, the punishment of public service and public benefit, although it existed in the previous criminal laws of this country, was removed in subsequent amendments, while a fine in lieu of imprisonment is formulated and implemented in the criminal law of this country. A fine in lieu of imprisonment in Turkish criminal law, like Iranian law, is possible for minor crimes and at the discretion of the judge. Of course, in Iranian criminal law, the plaintiff's forgiveness and the existence of mitigating factors are the conditions for this type of punishment. https://www.iclj.ir/article_244589.html The institution of multiple offenses in the Penal Code is one of the aggravating causes of punishment, which has been considered by the legislator due to its importance in the field of reform, rehabilitation, and crime prevention, and has continued its evolution towards creating positive developments. The latest development in this field is related to the Law on Reducing Penalty Sentences, passed on May 13, 2020, in which the legislator has tried to reduce the inefficiencies related to the multiple offenses in the law by creating innovations and also returning to some of the criteria of previous regulations, including the General Penal Code passed in 1973. The main purpose of this research is to examine the wandering legislative criminal policy of the legislator in the past five decades. In other words, in this research, we are looking for the reason for the wandering of the legislator's criminal policy in cases of multiple offenses. Therefore, in the first step, by stating the criminal policy regarding the multiplicity of crimes in different periods, we will address the issue that the legislator has not had a single policy towards reforming and transforming the institution of multiplicity of crimes and has acted indecisively in this regard. https://www.iclj.ir/article_244719.html In the contemporary global order, discourses of justice and security are increasingly intertwined with notions of suffering, victimhood, and the representation of victimization. Within this context, nations are not merely political actors but also subjects of structural and transnational victimization, experiencing the consequences of cross-border decisions that shape their collective existence. Adopting an interdisciplinary approach grounded in critical victimology and international criminal law, this study examines Iran as a case of transnational victimization and analyzes how this condition has been articulated within the framework of resistance diplomacy following the Twelve-Day War. The primary objective of the study is to redefine victimization at the transnational level and to assess its role in shaping Iran’s post-war foreign policy discourse. Using a descriptive–analytical method, the research relies on documentary analysis and relevant theoretical literature to develop a conceptual model linking victimological perspectives with diplomatic practice. The findings demonstrate that Iran’s victimization manifests across three interconnected dimensions: direct victimization resulting from military attacks and civilian casualties; structural victimization arising from the economic and social consequences of sanctions and infrastructural damage; and secondary victimization reproduced through silence or bias within international institutions. The interaction of these dimensions positions Iran as a multi-layered victim, simultaneously subjected to harm while mobilizing legitimacy, symbolic capital, and soft power. The study concludes that transnational victimization should not be understood as a passive condition, but as a foundation for agency, resistance, and normative redefinition within the international system, offering a victim-centered and restorative framework for contemporary diplomacy.