Capabilities and Challenges of Iranian Courts in Prosecuting International Crimes Committed During the 12 -Day War

Document Type : Research Paper

Author

Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Shiraz University, Iran

10.22099/jls.2026.55643.5483

Abstract

Introduction
For many years, the Zionist occupation regime has directly and indirectly committed numerous criminal acts against the Islamic Republic of Iran, both inside and outside the country. Among its most severe aggressions was the military attack on Iranian territory known as Operation “Leaping Lion”, carried out with the aim of targeting more than 100 military and nuclear sites (June 13, 2025). This conflict, which ended after 12 days with a ceasefire agreement, has come to be known as the12-Day Imposed War. During this war, the Israeli regime not only violated Iranian sovereignty but also committed multiple atrocities through attacks on persons and objects protected under the laws of armed conflict, amounting to war crimes. The United States also played an active criminal role in this conflict. U.S. political and military leaders assisted Israel by providing weaponry and facilitating its military operations. On the tenth day of the war, the U.S. 
directly bombed Iran’s nuclear fa cilities at Fordow, Natanz, and Isfahan. Consequently, based on the evidence and conduct of these two states, the alleged charges include war crimes, the crime of aggression, and terrorist crimes or acts of terrorism. The key legal question is determining through which international or domestic courts such crimes can be prosecuted, given the complementary jurisdiction principle of the International Criminal Court (ICC), which prioritizes national courts for prosecution. However, since the ICC is unlikely to assume jurisdiction in this case, the research question becomes: Do Iran’s domestic courts possess the legal and practical capacity to prosecute such international crimes? And if so, what limitations and challenges stand in their way?
Methods
This study employs a descriptive–analytical approach based on the review and analysis of library-based sources and documents. To achieve its objectives and answer the main question, the research examines the legal framework governing the exercise of jurisdiction by Iranian courts in the field of international criminal law, and then evaluates the compatibility of domestic law with existing international principles and norms.
Findings
According to the findings, three fundamental prerequisites are necessary for Iranian courts to exercise jurisdiction over perpetrators of international crimes committed during the 12-Day War: Territorial jurisdiction enabling Iranian courts to intervene judicially; Domestic criminalization of the relevant international crimes; Judicial cooperation through extradition of suspects and convicts. The first condition exists, since the crimes and offenses occurred within Iranian territory, thus placing them under Iran’s territorial jurisdiction. However, the other two conditions face significant deficiencies. On the one hand, international crimes such as war crimes, crimes of aggression, and terrorism have not been explicitly criminalized under Iranian domestic law using their international designations. On the other hand, the lack or insufficiency of extradition treaties between Iran and most countries—and restrictions such as the inclusion of the death penalty in some treaties as grounds for refusal to extradite—pose serious obstacles to effective judicial action by Iranian courts. Therefore, to overcome these limitations and ensure that perpetrators do not escape justice, it is recommended that a comprehensive national law on international crimes and judicial cooperation be enacted.
Conclusion
While the current capacity of Iranian courts to prosecute international crimes committed during the 12-Day War remains limited due to legal and practical constraints, until such obstacles are resolved and comprehensive legislation is enacted, Iran should nevertheless make full use of its domestic legal mechanisms to pursue perpetrators and secure justice for the victims of this war. 

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References

References
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