The Islamic Republic of Iran and the ICC

Like many states, Iran has an ambivalent position towards theStatute of the International Criminal Court (‘Statute’),ranging from enthusiastic support to open scepticism. On accountof its experience in the Iraq–Iran war, Iran is interestedin exploring the Court's jurisdiction over aggression and warcrimes; in addition, it sees the possible adoption of provisionson the crime of aggression as a tool against greater powers’domination. Major issues for Iran are, however, some of thepenalties provided for under Iranian criminal law, includingcapital punishment as well as whipping, stoning and the sectioningof limbs as well as the treatment of minorities and gender.Another problem may be the presence of non-Muslim Judges atthe Court, who, it is feared, may not be familiar with and sensitiveto Shari’a principles; in addition, under theologicalprinciples, Muslims may not be judged by non-Muslim Judges.This question paradoxically constitutes an incentive for Iranto consider ratification of the Statute. So far, Iran has signedbut not ratified the Statute. Studies are under way with a viewto presenting the Statute to Parliament for ratification. However,problems of conflict between some provisions of the Statuteand the principles of Shari’a law may arise if the Statuteis ratified.