A Study of the Differential Criminal Policy of the Iranian Legal System in Conditions of Military War
Subject Areas : حقوق جزا و جرم شناسیAmir Hossein Yousefnia 1 , Mohammad Reza Shekordaei 2 , Majid Matin Rasekh 3
1 - Integrated LL.M. , University of Judicial Sciences and Administrative Services, Tehran, Iran
2 - 1. Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran
3 - 2. PhD in Criminal Law and Criminology, Retired Judge, Lecturer, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran
Keywords: wartime conditions, criminal policy, differential criminal policy, law, military war.,
Abstract :
Decision-making and the adoption of necessary measures during exceptional circumstances constitute one of the essential duties of state authorities, particularly in relation to the fundamental principles of criminal law and the system of crimes and punishments. Such decisions inevitably arise from abnormal conditions that compel political leadership to deliberate on appropriate methods of confronting emerging threats through legally defined obligations and prohibitions. Hot warfare—that is, direct military confrontation between states—is no exception. Rather, it generates a legal environment in which firmly established criminal norms must address issues such as specialized criminal procedures, dedicated courts, war-related offenses, binding orders of competent authorities, legislative deficiencies, declarations of war, and the formal identification of a wartime situation. Despite this, the criminal policy of the Iranian legal system—while adhering fully to international law, respecting the territorial integrity of other states, and abstaining from aggression—remains fundamentally grounded in peaceful principles. However, this should not be interpreted as passivity in the face of violations of Iran’s land, sea, or air sovereignty. On the contrary, backed by the authority of the Leader of the Islamic Ummah and the courage of the nation’s armed forces, the Iranian legal system foresees a decisive and overwhelming response to any act of aggression, in accordance with the statements of the Supreme Leader, Imam Khamenei. Accordingly, the present study explores the criminal policy of the Iranian legal system during conditions of hot war, aiming to elucidate ambiguities, conceptualize the governing principles, and clarify the framework of wartime criminal policy through a structured synthesis of relevant concepts and norms.
