فعال‌سازی صلاحیت دیوان کیفری بین‌المللی نسبت به جنگ ۱۲ روزه؛ از ضرورت تا امکان

Context & Objective: The April 2024 twelve-day Israeli armed intervention in Iran resulted in severe violations of international humanitarian law and the commission of war crimes against Iranian nationals. In the face of prevailing impunity, the Islamic Republic of Iran bears a fundamental obligation to employ all available domestic and transnational mechanisms to secure the right to truth and justice for the victims of these atrocities. Despite this imperative, international criminal litigation remains a glaringly absent component in the state’s legal response to the conflict. Consequently, this study aims to examine the legal necessity and feasibility of activating the jurisdiction of the International Criminal Court over the crimes committed during this specific period.
Method & Approach: Employing a doctrinal legal methodology, this research analyzes the provisions of the Rome Statute alongside the established jurisprudence of the International Criminal Court. Furthermore, it evaluates domestic legislative frameworks and broader human rights principles concerning victims’ rights, specifically examining the intersection of the right to justice and the right to reparation. By contextualizing these legal sources within the paradigm of strategic lawfare, the study constructs a comprehensive framework for non-State party engagement with international criminal tribunals.
Findings: The analysis demonstrates that despite not being a State Party to the Rome Statute, Iran possesses the legal capacity to invoke the ad hoc jurisdiction of the International Criminal Court pursuant to Article 12 paragraph 3 of the Statute. By submitting a targeted declaration, Iran can subject the criminal conduct of Israeli forces perpetrated within Iranian sovereign territory to the Court’s scrutiny. Crucially, the research identifies that by strictly circumscribing the temporal and territorial boundaries of this jurisdictional acceptance to the parameters of the twelve-day international armed conflict, Iran can effectively pursue accountability while simultaneously safeguarding its broader national security interests and state sovereignty.
Conclusion: Ultimately, triggering the jurisdiction of the International Criminal Court is not merely a theoretical possibility but a distinct legal necessity essential for fulfilling the state’s obligations toward the victims of the conflict. By strategically utilizing ad hoc jurisdictional mechanisms, Iran can actively participate in global criminal justice processes, transitioning from a passive observer to a proactive participant in international lawfare. This approach effectively remedies the existing accountability deficit and establishes a robust precedent for prosecuting perpetrators of war crimes within targeted jurisdictional parameters without compromising national autonomy.