درخت حوزه‌های تخصصی

The extensive aerial operation and armed attack by Israel against Iran on the 23rd Khordad 1404 [corresponding to June 13, 2025] may be characterized as a violation of the fundamental principle prohibiting the use of force, constituting an act and crime of aggression. Beyond other legal dimensions of the act of aggression, the purpose of this article is to examine the complex issue of the possible jurisdiction of the International Criminal Court (ICC) over the alleged committed crime, as well as the jurisdictional challenges facing this institution. While Iran's legal system lacks an appropriate normative and structural mechanism for applying complementarity jurisdiction concerning core international crimes, including the crime of aggression, the non-membership of both Iran and Israel in the ICC, the lack of willingness by Security Council (SC) to refer the situation to the ICC, and normative deficiencies regarding the acceptance of ad hoc declaration ( per article 12(3) of the Rome Statute) by Iran, render the ICC's exercise of jurisdiction difficult and even impossible. A question can be raised in this regard, does the ICC possess jurisdiction, pursuant to the principle of complementarity, to adjudicate upon the act of aggression committed by Israel against Iran? This article, after recounting the events, descriptively and analytically examines the possibility of the ICC exercising jurisdiction in light of trigger mechanism. Ultimately, it demonstrates that the ICC's jurisdiction is confronted with numerous and particular challenges, thus rendering it unable to exercise jurisdiction; an issue that both highlights the necessity of criminalizing core international crimes within domestic law of Iran, and indicates the fundamental reforms to the ICC's Statute, particularly concerning the role of the SC in activating the ICC's jurisdiction.

In June 2025, Israeli airstrikes on Evin Prison in Tehran killed more than 80 civilians, including detainees, staff, and visiting family members. The attack provoked strong international condemnation, notably from France, due to its civilian toll and the absence of a credible military justification. The present article examines the strike's legality under international humanitarian law (IHL), with particular emphasis on the principles of distinction and proportionality as codified in Additional Protocol I to the Geneva Conventions. Using a descriptive-analytical approach, this paper argues that the Evin attack lacked a legitimate military objective and violated the fundamental requirement of Article 48 to distinguish between civilian and military targets. Israel’s claim of “symbolic” intent falls short of IHL standards and highlights the absence of lawful military necessity. While detention facilities may, in some contexts, be misused as human shields, no such justification existed in this case. The strike appears politically and psychologically motivated, potentially amounting to acts of terror against civilians. In accordance with Article 8 of the Rome Statute and relevant IHL instruments, the attack constitutes a war crime due to breaching the principles of proportionality and distinction. Rigorous legal analysis and comprehensive documentation are essential to advancing individual criminal responsibility, including through mechanisms such as universal jurisdiction.