The Capacities and Challenges of Iranian Courts in Prosecuting International Crimes Committed in the 12-Day War

Articles in Press

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

The authorities and forces of the Zionist regime and the United States, in the 12-day war against Iran, committed crimes and acts that undoubtedly warrant prosecution and trial. However, the question of whether Iranian courts, under the rules of international criminal law, possess the necessary jurisdiction to adjudicate these acts, and what obstacles and limitations fundamentally exist in this path, constitutes the central subject of this article. The findings of this research, conducted through a descriptive–analytical method and based on library sources, indicate that although one of the essential conditions in this regard—namely, the assumption of judicial intervention by Iranian courts through the principle of territorial jurisdiction—fully exists, the exercise of such jurisdiction will, both legally and practically, and face two serious challenges. First, the domestic criminalization of the relevant international crimes and atrocities; and second, the various obstacles to the extradition of suspects or convicted persons to the country. Therefore, the possibility that Iranian courts, under current conditions, can take action to prosecute, try, and punish these individuals will be impossible or, at the very least, extremely limited and negligible. Nevertheless, the removal of all or most of these obstacles is achievable.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 23 February 2026

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