Analysis of the Challenges and Solutions for Converging Human Rights Obligations and Combating Transnational Organized Crimes in the Iranian Legal System
Keywords:
Human Rights, Transnational Organized Crime, Legal Convergence, Inter-Regime Conflicts, Iranian Legal System, Religious Norms, Executive Challenges, Domestic PolicymakingAbstract
The interaction between various legal regimes in the international legal system—particularly in overlapping areas such as Human Rights and combating Transnational Organized Crime—constitutes one of the most complex legal issues. This study, using a descriptive-analytical approach, explains the challenges and solutions for converging these two sets of obligations within the legal and executive system of the Islamic Republic of Iran. The findings indicate that despite legislative and executive advancements in Iran aimed at countering organized crimes (such as the enactment of anti-money laundering and counter-terrorist financing laws), structural limitations, interpretive differences arising from religious and indigenous norms, and operational obstacles (such as targeted financial sanctions) have posed serious challenges to the alignment process with human rights obligations. These conflicts are often manifested in instances such as restrictions on privacy and freedom of expression under security measures or challenges in extradition due to human rights considerations. This article, while assessing the potential of existing mechanisms in International Law for achieving coherence, emphasizes the need to reconsider domestic mechanisms and develop innovative solutions. These solutions include amending domestic laws to increase transparency, strengthening oversight over executive institutions, and utilizing the capacity of domestic legal scholars to provide interpretations consistent with both Islamic law and human rights. The ultimate goal is to achieve a balanced model that ensures both public security and the preservation of human dignity within the framework of international law and the domestic legal standards of Iran.
References
Abdollahi, M. (2009). Terrorism: Human Rights and Humanitarian Law. Danesh Shahr Legal Studies and Research Institute.
Abedini, A., & Meshkibaf, M. (2021). The Place of Expediency in the Convention on the Rights of the Child and Iranian Family Law. Quarterly Journal of Comparative Research on Islamic and Western Law, 8(4).
Ashouri, M., & Bahmani Qajar, M. A. (2008). The Practice of the Human Rights Committee in Protecting the Right to Liberty and Personal Security. Law Quarterly, Journal of the Faculty of Law and Political Science, 38(3).
Aust, A. (2017). Modern Treaty Law and Practice. Cambridge University Press.
Babakhani, E. (2019). Organized Environmental Crimes with an Emphasis on French Law. Kargah(49).
Crawford, J. (2012). Brownlie's Principles of Public International Law. Oxford University Press. https://doi.org/10.1093/he/9780199699698.001.0001
Donnelly, J. (2013). Universal Human Rights in Theory and Practice. Cornell University Press. https://doi.org/10.7591/9780801467493
Ebrahimi Farani, G., & Seydi, S. (2021). Combating Organized Crime in Light of Witness Protection in Iranian Law, U.S. Law, and International Criminal Law. Journal of Legal Researches, 20(46).
Ebrahimi, M. A. (2023). Human Dignity in Criminal Law and International Instruments. Quarterly Journal of Legal Civilization, 6(17).
Edalatjou, T., & Esma'ti, Z. (2018). The Place of Public Order in International Human Rights Treaties and the Iranian and Islamic Legal Systems. (1).
Fatf. (2018). Guidance on Counter Proliferation Financing - The Implementation of Financial Provisions of United Nations Security Council Resolutions to Counter the Proliferation of Weapons of Mass Destruction. Paris
Ghari Seyyed Fatemi, S. M. (2003). Human Rights Treaties: A Different Space. Legal Journal(28).
Golbejani Moghadam, H. (2021). Combating Counter-Terrorism in International Law. Quarterly Journal of NAJA Strategic Studies, 6(21).
Haghighi, F. (2015). A Study of Iran's Accession to the Palermo Convention for Combating Organized Crime from the Perspective of Iran's Criminal Policy Shahid Eshraghi Esfahani University].
Haji Azizi, B. (2021). The Principle of Reference in Cases of Doubt as to Whether a Legal Rule is Imperative or Supplementary. Civil Jurisprudential Teachings(24).
Hajjar, M., & Zamani, S. G. (2023). The Place of Relevant Rules of International Law in Treaty Interpretation. International Law Journal(72).
Heydarnejad, V. (2019). The Relationship of Intrinsic Dignity to Human Rights in the Holy Quran. Scientific-Promotional Bi-quarterly Journal of Islamic Human Rights, 7(14).
Hosseini, S. L. (2014). An Introduction to Public Law Concepts: A Study of the Concept of Human Rights. Office of Islamic System-Building Studies, Guardian Council Research Institute.
Kadkhodaei, A. A., & Sa'ed, N. (2011). Countering Terrorism and the Strategy of the Organization of Islamic Countries in Light of the 1999 Convention. Islamic World Peace Assembly Publications.
Karimi, S. (2020). A Comparative Study of the Application of Good Faith in the Process of Interpreting Agreements within the World Trade Organization's Dispute Settlement Bodies. 3(7).
Kashkoulian, E. i. (2016). Preventing Organized Crime: The Approach of International Instruments and Interpol. Third International Conference on New Researches in Management, Economics, and Humanities,
Kazemi, P., & Bashiri, A. (2019). Mechanisms for Guaranteeing Fundamental Human Rights in the Iranian Public Legal System. Scientific Bi-quarterly Journal of Islamic Human Rights Studies, 8(16).
Khomamizadeh, F. (2010). Treaty Interpretation and Implementation in Domestic Law. 7(16).
Mirmoosavi, S. A. (2021). State Obligation and Responsibility Regarding Human Rights. Human Rights Bi-quarterly, 16(1).
Nejad, M., & Amin al-Ro'aya, Y. (2018). Limiting Clauses and Their Role in International Treaties. Quarterly Journal of Public Law Studies, 48(4).
Nourmohammadzadeh, A. (2024). Criminalization of Human Trafficking as an Organized Crime. Quarterly Journal of Internal Security Studies and Research, 2(6).
Pourghahramani, B., & Esmailzadeh, S. (2014). An Investigation of the Necessities and Barriers to Combating Terrorism Financing. Journal of International Police Studies, 5(2).
Pourghorban, M., & Zarepour. (2023). Membership in the Palermo and CFT Conventions and Its Impact on Iran's National Security. Bi-quarterly Journal of Politics and International Relations, 6(11).
Rahmani, H., & Nazemi Ardakani, M. (2010). 40+9 Recommendations on Combating Money Laundering and Terrorism Financing. Auditor Journal(49).
Salimi, S. (2003). Transnational Organized Crime in the Palermo Convention and Its Effects. Legal Journal(29).
Salimi Torkamani, H. (2010). Self-Contained Regimes and Their Relationship with General International Law. International Law Journal, 27(42).
Savari, H. (2011). The Theory of Responsibility to Protect from Word to Deed. Quarterly Journal of Law and Politics Research(32).
Sharifi Tarazkouhi, H., & Mobini, J. (2014). The Doctrine of the Margin of Appreciation in the Practice of the European Court of Human Rights. Quarterly Journal of Public Law Research, 16(44).
Young, m. (2012). Regime Interaction in International Law: Facing Fragmentation. Cambridge University Press. https://doi.org/10.1017/CBO9780511862403
Zaghei, A. (2009). A Study of the Capacity of the International Criminal Court to Address the Crime of Human Trafficking. Legal and Political Research, 11(26).
Zarneshan, S. (2007). The Security Council and States' Obligations to Combat Terrorism. Legal Journal(36).
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