Legal Studies in Digital Age

Roads, as one of the essential infrastructures of every country, play a fundamental role in facilitating transportation, communication, and economic development. In Iran, the jurisprudential and legal status of public and private roads is influenced by the principles and rules of Islamic jurisprudence, statutory laws, and governmental policies. Public roads include highways, expressways, and pathways designed for the general public, providing open and unrestricted access. Private roads, on the other hand, refer to routes limited to a specific individual or entity, such as private roads within personal estates or industrial complexes. Islamic jurisprudence presents specific perspectives and principles regarding the right of passage and the use of roads. The right of usufruct allows individuals to use public roads unless a legal prohibition exists. The responsibility for the maintenance and upkeep of such roads lies with the state and relevant institutions to ensure their safety and functionality. Laws related to the right of passage, particularly in instances where the use of private roads requires permission, are addressed in Islamic jurisprudence based on the principle of La-Zarar (no harm) and the respect for others’ rights. Legally, within the Iranian legal system, multiple layers of legislation govern roads. The Civil Code—specifically Article 138—addresses the ownership and exploitation of property and roads, referring to the rights of ownership and usufruct. In addition, specific laws such as the Roads and Urban Development Act and its related executive bylaws cover issues such as construction, maintenance, and road management. Municipal regulations are also responsible for the establishment and maintenance of roads within cities and villages. Environmental protection and consideration of the ecological impacts of road construction and maintenance must be reflected in laws and policies. This article seeks to provide a comprehensive analysis of the types of roads, jurisprudential and legal foundations of road use, and the responsibilities of individuals and the state concerning them.

With the growing application of artificial intelligence (AI) in governance processes including in content regulation and the monitoring of freedom of expression emerging challenges have arisen in the domain of public law and human rights. In the Islamic Republic of Iran, the increasing deployment of intelligent technologies in cyberspace governance, particularly through algorithmic filtering, automated identification of "harmful" content, and surveillance of social media platforms, has raised fundamental questions regarding the compatibility of these tools with the principle of freedom of expression and the legal obligations arising therefrom. The principal research question addressed in this study is: What legal challenges does the use of AI technologies in the regulation of freedom of expression pose in Iran, and to what extent are such practices consistent with international human rights standards. The findings indicate that AI implementation in Iran primarily serves a control-oriented function. The absence of transparent legal frameworks, fair trial guarantees, and effective judicial oversight has resulted in serious threats to the right to freedom of expression. Moreover, the lack of clear criteria for the design and deployment of algorithms has undermined public trust and led to violations of human rights standards. This study adopts a qualitative methodology based on documentary and comparative legal analysis. It examines the jurisprudence of the European Court of Human Rights, interpretations by the United Nations Human Rights Committee, domestic Iranian regulations, and technology-related policies governing cyberspace. Additionally, by utilizing AI-based tools such as network analysis and natural language processing models, the functionality and behavior of content-restricting algorithms are critically assessed.

The inhumane actions of Israel in recent years have led international organizations such as Amnesty International in its February 2022 report and Human Rights Watch in its April 2021 report to label it as an apartheid regime—constituting a form of racial discrimination and an example of crimes against humanity. This designation not only imposes international responsibility on the regime but also on the international community for failing to recognize such a situation. The United Nations Independent International Commission of Inquiry also confirmed in its June 2024 report the commission of crimes against humanity and war crimes by Israeli authorities during the Gaza conflict. These crimes include starvation, intentional killing of civilians, deliberate attacks on civilians and civilian objects, forced displacement, sexual violence, torture and inhumane treatment, arbitrary detention, and violation of personal dignity. Throughout its aggression against Gaza, the Zionist regime has repeatedly violated the rules of international humanitarian law and, in accordance with international law, bears international responsibility. This article is a developmental research study using a combined (descriptive-analytical) method and relies on library resources for data collection. Consequently, it is possible to establish the criminal responsibility of commanders, perpetrators, and orchestrators of the recent Gaza war due to their clear violations of fundamental principles and norms of international humanitarian law. They should be pursued and prosecuted as war criminals under Article 8 of the Rome Statute of the International Criminal Court (ICC).

The establishment of the International Criminal Court (ICC) represents a symbol and embodiment of certain fundamental values and aspirations shared among all peoples of the world and, as such, constitutes a victory for all humanity. The ICC is not a panacea for all human suffering; it does not end conflicts, it does not restore life to victims, it does not return former welfare and comfort to survivors, and it does not bring all perpetrators to justice. However, the Court can assist in preventing some conflicts, reducing the number of victims, and holding certain perpetrators accountable. In this respect, the ICC, like other legal and international institutions, can help us build a more humane civilization. Considering the above, the central question raised in this study is: How can the Prosecutor of the International Criminal Court address non-international armed conflicts? This study, using a descriptive-analytical method, evaluates the hypothesis that the ICC Prosecutor may counter non-international armed conflicts through the United Nations Security Council and the adoption of relevant resolutions, as well as propose practical solutions. This is because, under Article 13 of the Rome Statute, one of the conditions for the Court to exercise jurisdiction is the referral of a situation to the Prosecutor by the Security Council. Among the main objectives of this research is to examine the duties and challenges faced by the Prosecutor of the ICC with regard to war crimes committed in non-international armed conflicts.

This study aims to elucidate the legal framework governing the exemption from criminal responsibility and immunity from punishment under the Rome Statute by analyzing its theoretical foundations, legal structure, and the jurisprudence of the International Criminal Court (ICC). Employing a descriptive-analytical methodology, the research examines the content of ICC documents, legal books and articles, and landmark cases such as Thomas Lubanga (ICC-01/04-01/06, 2012), Dominic Ongwen (ICC-02/04-01/15, 2021), Germain Katanga (ICC-01/04-01/07, 2014), and Omar al-Bashir (ICC-02/05-01/09, 2019) to assess the Court’s legal system and judicial practice. A comparative approach is also adopted to contrast national and international legal frameworks. The findings indicate that the Court adopts a conservative stance regarding exceptions by strictly interpreting Articles 31 to 33, emphasizing both objective and subjective criteria to prevent misuse of defenses. The distinction between justification for criminal conduct (such as self-defense) and exemption from punishment (such as duress) plays a pivotal role in the Court's jurisprudence. However, legal ambiguities—such as the definition of “imminent threat” or the “absence of a reasonable alternative”—alongside practical obstacles like lack of state cooperation and evidence-gathering limitations, pose serious challenges. International legal doctrine, underscoring the need to restrict exceptions, has proposed more coherent criteria for future legal development. The results of the study suggest that while the Rome Statute provides a structured legal framework for exemption from criminal responsibility and immunity from punishment, it still requires reforms to resolve legal ambiguities, enhance international cooperation, and increase the Court’s legitimacy.

The aim of the present study is to examine the legal status of environmental law in Iran, with a particular emphasis on pollution in the Pars Special Economic Zone (South Pars). Considering the significance of human life and its direct correlation with environmental issues, environmental problems have become one of the greatest challenges of contemporary life. As a result, this issue has garnered attention from international organizations, governments, non-governmental organizations (NGOs), civil society groups, and especially citizens. Findings indicate that gas and petrochemical industries in Asaluyeh emit various types of pollutants into the environment. Moreover, the presence of hazardous pollutants such as heavy metals and polycyclic aromatic hydrocarbons (PAHs) in the coastal sediments of the South Pars region has been identified in multiple studies. In addition, research on marine organisms such as mollusks has shown extremely high and toxic concentrations of heavy metals including cadmium, lead, arsenic, strontium, tin, silver, antimony, and molybdenum. Other investigations have also revealed significantly elevated levels of heavy metals in the trees of the Asaluyeh area. Asaluyeh County, known as the beating heart of Iran's economy and the hub of the largest oil refineries and petrochemical industries, is regarded as the most prominent city in gas production in the country—an accomplishment that instills pride in every Iranian. Nevertheless, the refinery flares in the region, which also constitute one of the country’s main sources of income, have led to severe environmental pollution in the area.

This study aims to examine the consequences of the absence of sports law education in the curricula of physical education programs in Iranian universities and to explore the need for its integration to enhance legal literacy and professional competency in the sports sector. The research employs a scientific narrative review methodology using a descriptive-analytical approach. Academic literature, university curricula, national education policy documents, and comparative international case studies published between 2015 and 2024 were systematically reviewed. Sources were selected based on relevance to legal education in sports, curricular reform, and professional training standards. Thematic analysis was applied to extract and categorize key issues, consequences, and global trends related to sports law education. The review reveals a significant gap in the inclusion of sports law within Iran’s physical education programs at undergraduate, graduate, and doctoral levels. Legal topics are either entirely absent or superficially embedded within unrelated courses. This omission results in multiple negative outcomes, including increased legal vulnerability for athletes and coaches, institutional risks such as non-compliance and corruption, and the production of graduates who lack essential legal literacy for professional practice. Additionally, the absence of legal education contributes to ethical failures, reduced athlete safety, and the perpetuation of discrimination and inequity in sports environments. Comparative analysis shows that other countries have successfully integrated sports law into interdisciplinary curricula, enhancing professional readiness and institutional governance. The lack of sports law education in Iranian physical education programs presents a critical challenge to the professional development, legal protection, and ethical standards of the sports system. Curricular reform and interdisciplinary integration of legal training are essential for aligning Iranian sports education with global practices and addressing the complex legal demands of modern sport.

In the contemporary era, due to increasing social complexity, the expanding role of modern mass media and cyberspace in shaping public opinion across cultural, economic, and political domains has become more significant than ever. At no point in human history has society been as politically engaged as it is today. It is likely that one of the principal causes of this politicization is the widespread development of mass communication tools. The present study was conducted using a qualitative research method and employed a library-based approach. This research seeks to examine and delve into existing sources and findings to understand the extent to which public opinion, emerging media, and cyberspace can be effective in monitoring and controlling governmental actions. A careful and critical review of the thoughts of experts in political science, law, and social sciences suggests a consensus among scholars that the Internet, media, particularly new forms of media and cyberspace, have had a profound influence on public opinion—guiding its direction, instigating both structural and partial reforms in societies, overseeing the actions of governing authorities, and influencing or altering the behavior of governmental institutions. Moreover, an analysis of relevant case studies from different societies supports this view. Given the influential power of social media in shaping public opinion, the need to establish effective mechanisms for the optimal use of these tools to strengthen democracy and promote human rights is increasingly felt.