From Universal Justice to Selective Justice: Assessing International Criminal Justice in Response to Aggression Against Iran's Territorial Integrity

Document Type : Original Article

Authors

1 Assistant Professor,Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran

2 Assistant Professor, Department of Family Law Studies, Women Research Center, Alzahra University, Tehran, Iran‎

10.22091/ijicl.2026.15320.1237

Abstract

The military aggression by the regimes of Israel and the United States against the territory of the Islamic Republic of Iran in Khordad 1404 (May–June 2025) constitutes a clear case of "crime of aggression" under Article 8 bis of the Rome Statute, from the perspective of international criminal law. Although the International Criminal Court (ICC) theoretically has jurisdictional capacity to prosecute such crimes, numerous structural and political obstacles—including the non-membership of the U.S. and Israel in the Rome Statute, the requirement for referral by the United Nations Security Council, and the permanent members’ veto power—seriously hinder the practical realization of criminal justice. This situation creates a profound gap between the legal jurisdiction of the ICC and its enforceability, revealing a legitimacy crisis within the system of international criminal justice. Consequently, despite the legal possibility of referring the case by the Islamic Republic of Iran, the lack of political consensus and the pressures exerted by major powers prevent effective judicial pursuit. This study emphasizes that under current conditions, while exercising its inherent right to legitimate self-defense, Iran must focus on strengthening its military capabilities and utilizing other diplomatic and legal instruments. The international criminal justice system remains heavily influenced by aggressor states, their political will, and their allies on the Security Council, thereby imposing significant structural and political limitations on achieving criminal justice in this case.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 18 May 2026

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