فهرست مطالب دکتر صادق سلیمی

Severe breaches of humanitarian law are one of the jurisdictional of  international criminal tribunals ratione materiae. On the other hand, although the four 1949 Geneva Conventions and their additional protocols do not explicitly refer to human rights because refer to the situation of armed conflicts, but in the statutes of the international criminal tribunals, whether the International Criminal Court or ICTY or ICTR, The multiple effects of human rights and international humanitarian law are dealt with each other. In cases such as Prosecutor v. Kronjlak (2002) in the International Criminal Court for the former Yugoslavia, the relationship between international humanitarian law and human rights has been pointed out. The main question that has been done in this research in a descriptive-analytical methodology , according to the practice of international criminal courts, what is the mutual influence of international humanitarian law and international human rights? The result of the current research is that the rules of human rights, such as the right to a fair trial for perpetrators of international crimes, witnesses and victims, and not considering the immunity of accused government have penetrated into officials in international criminal proceedings. On the other hand, human rights and international humanitarian law collide with each other in one point “ humanity “ .

National security can be discussed as a very important phenomenon, and one of these areas is the environmental issue, which has caused the formation of new debates under the title of environmental security. The numerous characteristics of environmental damage that have irreparable effects have caused this category to become a significant influence in jeopardizing national and international security and to face a serious risk to sustainable development. Green Crime has endangered the national security with its characteristics. By recognizing one of the anti-green crimes under the title of crimes against security, Iran's legal system has paid attention to the fact that environmental crimes can endanger national security in some cases. However, in other dimensions, the anti-green crime has not had a coherent criminal policy in the areas of criminal law, which is proposed to be achieved in the form of differential criminalization. This research, using descriptive-analytical method, will firstly describe the green belt and environmental security, and then, from a legal and criminological point of view, it will investigate the impact of the green belt on national security and environmental security, and will discuss the challenges and solutions in this field.

Crypto assets are one of the new phenomena of the present age, which, considering its history of less than a decade, has found a significant place in financial exchanges. This phenomenon, like all human evolutions, has positive and negative features, which only paying attention to its functional appeal and neglecting some destructive features can cause irreparable damage. Considering the fact that the entry of banks into this field is inevitable, the Basel Committee on Banking Supervision has taken steps to introduce precautionary recommendations and supervisory measures in order to protect the banking system and global financial stability. In response to the question of what requirements the Basel Committee has imposed on states in relation to crypto assets, this paper has undertaken to review the actions and documents of the committee in a descriptive-analytical way. What emerges from the analysis of the committee's documents is that the committee has clarified the precautionary standards for a certain group of crypto assets that have stable processes based on links with traditional assets, and the rest of the crypto assets have been left out of the scope of attention.

The necessity of compensation for the damage caused in the field of civil responsibility is a certain thing, which includes governments, and often this responsibility and its consequences appear in war issues and the like. In this regard, the question is raised as to how the legal system of paying compensation to war victims should compensate their losses. The hypothesis of the upcoming article is that the payment of compensation, which is an issue in civil rights, is based on the discussion of justice in advance, and the payment of compensation and compensation is made after that. For this reason, this research has analyzed the concept of justice and its impact on the legal system in a comparative way, and has selected two case studies of Iran and the United States. The findings of the research have shown that although the legal systems of Iran and the United States, according to their own principles of justice, pay compensation and compensate the injured, but in the code of justice for determining damages, some parts of American law overlap with the discussion of diat, but some parts of it are relative It is fluid and unstable to social and economic developments. Descriptive-analytical research method, comparative approach, and library and documentary data collection method.

Cryptocurrencies are on the rise and so is money laundering. Some cryptocurrencies such as Bitcoin have played a major role in the proliferation of online money laundering as it possesses characteristics that criminals are fond of.Bitcoin and other cryptocurrencies are decentralized and anonymous. They provide the means to skirt the Anti-Money laundering safeguards that have been put in place. The purpose of this paper is introducing and investigation of the legal features of virtual money and combatting the ensuing money laundering, which has caused crimes such as fraud and organized crimes-originated internet money laundering, the main use of which is in virtual networks and communities. The aim of this paper is analyzing legal challenges of combatting cryptocurrencies-originated money laundering, investigating its influence on preventing money laundering in domestic and international level. It is finally concluded that it is better to spot the proper technologies and monitor the way they are used by complying with the current legal plans and amending them in line with state of the art methods rather than adding up to the rules and anticipating new generations of complicated technologies.

The international law system based on groundbreaking  human-rights standards - which has amounted to a fundamental change in the international legal values from an outward view (state to state) to an inward view (state to nation) - has compelled all states to change their approach in domestic legal system. Moreover, to protect their identity as a civilized member of international community all states are anxious to coordinate domestic rules and regulations with progressive human-rights standards. National courts are among the main sources by which international legal standards can penetrate into national legal systems. In this paper, based on hypothesis that national judicial decisions have an evident impact on the settlement of national and international conflicts, it will be argued that by interpreting laws in line with international legal sources, national courts can strengthen human rights related standards. This role is compatible with two main theories namely, coordination and prioritization between national and international sources both of which lead to the convergence of national and international legal systems.

The idea of establishing an International Criminal Court can be considered as a transformational and developmental idea in the field of international law. Following the Nuremberg trials, the drafting and adoption of the Rome Statute is considered an important document in the realm of international criminal law. This document, unlike the founding documents of the Ad Hoc tribunals, is an international treaty. Therefore, it is subject to the provisions of customary international law governing international treaties. This statute is a development and codifying treaty. In addition, not all state are parties to this treaty and therefore some states are considered third parties to it. In the present article, the concept of a third state in the framework of the Rome Statute has been studied descriptively-analytically. The question then arises as to whether the principle of relativity of treaties applicable to the Rome Statute also is subject to exceptions. According to the findings of this study, the Rome Statute is subject to some exceptions, such as: the existence of a customary rule, the existence of a jus cogense rule, the decision of the Security Council and the consent of the concerned state to the application of the treaty. It is important to note, however, that the extension of the Court's jurisdiction to a state not party to the Statute, outside of what is provided for in the Statute, cannot be consistent with the spirit of criminal law as set forth in the Statute.

Lawyers in all legal systems are subject to special disciplinary regulations due to the sensitivity and importance of their job. In Iranian law, most disciplinary regulations are nearly 70 or even 85 years old. At the International Criminal Court, a relatively fledgling but universal institution, lawyers are subject to the 2005 Code of Professional Conduct for Counsel. So far, the disciplinary authority of this court has issued decisions regarding 5 lawyers. In this descriptive-analytical article, it is aimed to find the basic flaws of the self-regulatory system of the Iranian Bar Association in comparison with the disciplinary regulations of the Court. By studying and comparing these two legal systems, some regulations of Iranian law should be amended and updated. On the one hand, the number of judges of the disciplinary authority must be at least 5 members and at least two lawyers must be present in this composition. On the other hand, several disciplinary delicts, including not giving a second copy of the power of attorney, not giving a power of attorney receipt to client, prohibiting the determination of a percentage of the amount sought as attorney’s fees, and concentrating advocacy affairs in Iranian law can be removed with new technology. Direct contact with the other party without the knowledge and presence of his lawyer and contacting the judge regarding the case outside the rules of procedure in line with international developments should be considered disciplinary misconducts.

Cyber- malicious activities in international aviation industry is a combination of two crimes: hijacking and cyber terrorism, which transnational and international nature can damage not only public order of the state, but it can also infringe upon international public order. Universal jurisdiction due to its loose connection to the state where the crime is committed and the state claiming  jurisdiction, allows the states  to seek protection of their credibility and security,  and regardless of the state hosting the criminal(s)or the nationality of the perpetrator or the victim of the crime, allows them to prepare themselves for punishing perpetrator(s) and to identify and  to hold malicious actors and their hosting countries accountable for cyber attacks against the aviation industry. Therefore, in this descriptive-analytical study, we seek to answer the question of what role and effects the exercise of universal jurisdiction has in the fight against cyber crimes related to aviation. And by studying the relevant documents and sources, we came to the conclusion that the application of the principle of universal jurisdiction as a deterrent mechanism will guarantee the fight against cyber security crimes in the field of aviation and the impunity of the perpetrators of this crime.

Review :In the procedure of their and transit،by submission of the declaration to the customs of entry, the passerby is obliged to exit the goods through the customs of exit within the appropriate period of time specified in the transit license, according to the paragraph ح of Article 1.However, in the case of transit cargos that fall under the Tier Convention, there is no need to submit a declaration and deposit a guarantee at the customs of entry. And from the time of arrival at the customs of origin to the customs of exit or destination, There are a few challenges presented with declaration of receipt, settlement of guarantee, movement of goods, deficit and surplus, tariff determination, and allocation of guarantee, control tools, collection of guarantee, return, confiscation and settlement of guarantee, Weakness of the system of customs, existence of multiple trustees, conflict and and contradiction of the laws and regulations, etc, And the existing challenges require that in this article in a descriptive, analytical, and documentary manner, we examine the legal challenges, identify social harms and introduce an appropriate solution in the matter of transit.

Cyber terrorism as a potential danger threatens all governmtnts all over the world and its characteristics create serious violations of international peace, security and human rights. On the other hand, its different committement from classic terrorism has established fundamental challenges in the field of jurisdiction, crime detection, extradition and punishment of the perpetrators. Therefore, a phenomenon that has a cross-border nature cannot be fought and suppressed by national measures and requires organized cooperation with the serious efforts of subjects of international law. These cooperations have wide dimensions, the first and most important aspect of which is the effort to establish rules in the fight against cyber terrorism.

The research method in this article is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles. First, the parctices of some leading institutions in the field of policy-making in the fight against cyber terrorism will be studied in a descriptive manner and then with an analytical method, criteria for future effective measures will be presented from these actions and practices.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.

Due to the problem of terrorism in all its types, the ease of committing cyber attacks, creating terror and its severe consequences compared to classical terrorism, organizations ranging from the United Nations to regional organizations, groups and the subgroups have take several measures in their agenda in order to realize effective and diligent cooperation among their members, from criminalization to detection, extradition and punishment of criminals. In international efficiency analysis conducted by international organizations, factors such as the status of rules with preventive features and criminalization and implementation of rules by international cooperations and coordination should be taken into consideration.

According to the study conducted on the procedure of international and regional organizations in fulfilling the commitment of governments to cooperate in establishing rules in response to cyber terrorism, it is noteworthy that regional organizations with a security approach such as NATO have had significant success compared to the United Nations.

In International law we have not real legislator that we know, so resources of international Law evolved that the most important of them is in article 38 of statute of International Court of Justice for political relations between states. Today soft law was part of resources of International Law but was not a part of article 38. Soft law was moving to developed law concept in political relations between states. Did governments accept these new concept? We supposition soft law is crystalize to hard law but not always. It was very important that soft law was new opportunity to normalization, policymaker and formulation political relations in international society. Furthermore, it is challenges in international society that if the soft law would not definition exactly, it will be subterfuge for governments. This divergence was cause opportunity and challenge of soft law in international society. In this articles our purpose was definition of soft law, we will show the effects of requirements of political relations.

The fight against money laundering and terrorist financing begins with controlling access to the financial system and preventing dirty money from entering the financial system. Due Diligence  and verifying customer identities is one of the most important challenges banks and financial institutions that those are  faceing  with their clients (low risk and high risk). The purpose of customer Due Diligence is to enable the bank to understand the nature and purpose of customer relationships. These processes help the bank identify potential suspicious transactions. The research method is applied in terms of purpose and descriptive and analytical in nature. The method of collection is also library-based and the tool for collecting information is the type of catch. The research data were analyzed in a qualitative manner. The findings show that customer Due Diligence is the basis for identifying suspects and tracking crime financing. Finally, customer Due Diligece Regulations for high-risk customers should be tightened up and suspected of active surveillance activities not used as a tool to finance terrorism. Writing of guidelines will also be necessary for Banks  to identify such customers.

The International Police Organization has been established to establish cooperation and coordination between the national police of member states. In order to achieve its goals, the organization issues various notices, headed by a red notice, which is similar to an international arrest warrant for defendants and criminals. According to Article 2 of the Interpol Charter, the organization must abide by the spirit of the Universal Declaration of Human Rights. There is a question, what mechanism is envisaged in Interpol to guarantee human rights?

The present study is qualitative and according to the nature of the subject, in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the information obtained is descriptive-analytical.

Considering that some authoritarian governments used Interpol as a tool to pursue and gain access to their opponents, who were in fact only politically charged, some individuals and organizations have consistently and logically criticized this for the past two decades. And stressed the need to develop a mechanism to respect the human rights of individuals. Therefore, with the amendments made to the Articles of Association of the Interpol Files Control Commission, this commission has a quasi-judicial jurisdiction and composition, and individuals can complain to this commission and the Commission's decisions and decisions for Interpol bodies and member states regarding the removal of processing information. Is applicable in Interpol.

By studying and analyzing the rules and structure of the commission and especially the sample of votes issued in this research, we come to the conclusion that the commission always tries to maintain impartiality, protect and guarantee the human rights of individuals.

Measures taken by governments during armed conflict to safeguard their essential interests sometimes cause damages to foreign investors. The investors thus affected seek remedies in the arbitration tribunals invoking breach of host government obligations to protect investments. The host government also usually attempts to assert as defense non-precluded measures to prove its irresponsibility, or if it proves responsible, justify it by resorting to circumstances precluding wrongfulness in the customary international law. But since different courts do not consider the same requirements to invoke these rules, there is no certainty that the parties to the lawsuit will be able to invoke them and, as a result, the scope of government's obligations to protect the foreign investor during the armed conflict is obscure. To clarify the scope of the host government's obligations to protect the foreign investor during armed conflicts and balance the interests of the investor and the host government during the investment disputes arising from the armed conflict, this article explores the possibility and requirements of invoking circumstances precluding wrongfulness and non-precluded measures and the relationship between them.

Crimes such as human trafficking as well as the migrants smuggling to cross the border illegally are transnational and global crimes. Confrontation with these crimes requires cooperation and coordination between countries, especially neighboring countries and establishing good diplomatic relations with them.Security agreements between countries are an important step in the fight against human and immigrants trafficking.Iran's security agreements with countries provide solutions to these crimes, including scientific and educational solutions, intelligence and security solutions, technical and judicial solutions, and police solutions.In fact, the conclusion of bilateral treaties is a guarantee for greater and more effective cooperation and coordinationbetween courtiers in conventions and other international laws.Effective cooperation of countries in the implementation of security agreements requires a variety of factors; For instance, the two countries need to have effective and non-tense political relations and contribute at the educational, scientific, security, intelligence, judicial and police levels.Cooperation between the two countries in implementing the security agreement also requires the conclusion of some complementary agreements in this area; for example, Agreements on extradition of offenders and judicial assistance agreements between the two countries that separate formulation and approval of these agreements has been mentioned in most of Iran’s security agreements with other countries

International aviation industry, as one of the most important infrastructural industries that has an essential and inseparable link with international trade and transportation, is an attractive target for cyber criminals. The synchronization of this large industry with the growth of information and communication technology, which results in the emergence of intangible and complex spaces such as cyberspace, as well as the growing dependence of the aviation industry on this emerging and growing phenomenon, creates the ground for serious risks and threats against the aviation industry. But the advancement of technology and the dependence of the aviation industry on it should not be an obstacle to the security of the aviation industry as the safest method of transportation and one of the important industries related to the world trade. Establishing and developing a strong and sound legal framework for organizing and establishing order in this regard, monitoring and preventing dangers and threats against it, and confronting the perpetrators of this crime and punishing them is essential. Therefore, in this descriptive-analytical study, we seek to examine the legal resources available in this area to determine the extent to which international aviation regulations are deterrent against cyber attacks against aviation security. By studying the documents and sources, we came to the conclusion that despite the efforts made, the existing scattered regulations are not enough to counter cyber attacks, and the only way to deal with these threats is to find a global solution.

As human interventions surpassed the power of natural regeneration, its adverse effects became apparent. The evidence for these destructive effects is such that everyone understands well by comparing the current environment with the past. Increasing the change of use and illegal occupation of government and public lands in recent decades in Iran, despite the existence of laws and regulations in this field and the activity of various executive and judicial organizations to deal with this phenomenon, is one of the basic problems of our country.

This research is of theoretical type and the research method is descriptive-analytical and the data collection is library which has been done by referring to documents, books and articles.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

How to determine the nature and type of land in Iran's criminal policy is not sufficiently coherent and there is no specific definition for the trustees and even the conditions for executors not stated in the law, which leads to severe weakness of diagnostic votes and consequently easily reverse them in the judiciary.

The Iranian legislator has not paid enough attention to the causes of the crime of unauthorized change of land use. This issue has caused that agricultural lands, which are known as the most fertile lands, cannot be preserved for the future generations by maintaining the principles of intergenerational justice, and this condition has provided the basis for the violation of the natural rights of future generations.

The transformation of the international legal system from state-centered to humanist has led to the increasing attention of the international community to human rights principles, and it is believed that some of these principles are jus cogens or customary international law and are beyond satisfaction. Therefore, it is necessary for the domestic law of countries to comply with the requirements of these norms.In the process of observing the performance of the government by international observer bodies, one of the important criteria in assessing the human rights behavior of the government is the judgments of the courts that if they do not comply with international human rights principles, they will cause the government international responsibility.

The present study, assuming the existence of two authoritarian and human rights approaches among judges, intends to explain the characteristics of ideal judgement conform to human rights principles through an analytical-descriptive method.

Despite the high status of human rights principles in the international legal system and government’s liability for observing them, these norms are not considered in national courts in the litigation process and there is no effective planning to promote this approach in the judiciary. Whereas from the perspective of international human rights bodies and observers, the judgments of the courts are very important in evaluating the country's legal system, as a result, the above approach causes the country's judicial system not to have a proper position in the viewpoint of these observers and to face challenges to the country. The characteristics presented in this study reduce these challenges and align the approach of judges with the international human rights system.

In recent years, reports on amount of corruption and administrative health in media and public discourse have increased. Corruption has widespread even in non-governmental organizations. Iran's Corruption Perceptions Index on January 2020 is 146 out of 180 countries and Regulatory quality index is 178 out of 193 countries. The present article deals with pathology of situation of anti-corruption non-governmental organizations and evaluate the role of state actors in anti-corruption NGOs (state-oriented NGOs) and its prevention in Iran. This survey is a qualitative one and in terms of implementation, is a descriptive-analytical method which have been obtained by using Political Delphi technique, documentary and library tools from national and international reputable databases. The statistical population is the total number of anti-corruption NGOs reported in official information sources, (9) cases. Findings showed the vast majority of founders of Anti-Corruption Non-Governmental Organizations in Iran are authorities. Non-standard Acts and regulations, depriving some of police duties and delivering it to other agencies or persons and lack of giving licenses to non-officials are some of observed problems in Iran. Ways and conditions of establishing and granting license to anti-corruption non-governmental organizations, which is issued only to specific individuals and groups, have reduced effectiveness of anti-corruption activities. Non-state-oriented anti-corruption NGOs can combat corruption by proactive, reactive and preventative measures.

Determining the border line between countries is, on the one hand, the main factor of peace and, on the other hand, the indicator of independence, and these two factors, in turn, create an atmosphere in which security prevails. This research has been done using descriptive-analytical method.The findings show that in the absence of agreement between the parties regarding the border line on the construction facilities on the Rahel border rivers, it is that the border line continues vertically on the waterway. This is consistent with the general theory that the boundary divides the sovereignty of countries not only on the ground, but also on the bed and at the air. In addition, the solution, consisting of the vertical extension of the boundary line over waterways, avoids problems that may arise from two different boundaries in adjacent geometric maps.The present study indicates the method of determining the border line on the bridges constructed on the Aras River. On the border bridges on the Aras River, according to the proposal of this research, the border line on the bridge compared to the old Julfa bridge will be changed by 44.13 meters in favor of Islamic Iran.

Crimes such as human trafficking and the smuggling of migrants for illegal border crossings are transnational and global crimes. The context of dealing with these crimes clarifies that effective struggle requires cooperation and coordination between countries, especially neighboring countries. This research, with the aim of comparative study and legal discourse of this type of agreement, in addition to international conventions, which the most important is the Palermo Convention, has studied bilateral and multilateral agreements that play an essential role in security and police cooperation between countries. The method of the present study is descriptive-analytical, which examines documents and security agreements and texts of international conventions and then analytically compares the provisions of these documents and the strengths and weaknesses of each of them. The findings show that the conclusion of bilateral agreements is a guarantee for greater and more effective cooperation and coordination of countries than conventions and other international laws. And the most effective type of cooperation is the security agreements concluded between the countries, which is an essential step in the fight against human and migrant trafficking. The present study results indicate that the effective fight against human and migrant trafficking as an example of transnational organized crime requires technical, educational, research, border, police, and intelligence cooperation between countries. Also, just concluding these agreements is not enough, and the most critical challenge is to implement these agreements and make them effective. This requires de-escalating tensions with other countries, especially neighboring ones, and establishing good diplomatic relations with other countries; otherwise, the treaty countries will refuse to implement the agreement for various reasons.

After more than 70 years since the last and so far the only prosecution of the crime of aggression in an international judicial body, the International Criminal Court’s jurisdiction over aggression was activated in 17 July 2018. It took nearly two decades since the ICC Statute adoption in 1998 for the states parties to agree on a definition of crime of aggression and a method to activate ICC’s jurisdiction over the crime. In the revision conference of 2010, the states parties reached an agreement regarding the definition of the crime and some jurisdictional matters. In spite of pressure from permanent members of the Security Council, the ICC jurisdiction was not subjected to prior approval of the Council. Nevertheless, to exercise its jurisdiction, the aggressor state must be a state party to the Statute and accepted the ratifications. Furthermore, if a state party does not accept the amendments, the Court shall not exercise its jurisdiction regarding a crime of aggression committed by that state party’s nationals or on its territory.  This mechanism is a great challenge to the ICC and people who hoped ICC could hold national leaders accountable for the illegal use of force against other states.

The protection of agricultural and horticultural lands has an important role in preserving the environment and the continuation of human life, and their protection constitutes the protection of the environment and human life. The change of use of agricultural and horticultural lands is the result of the shortcomings of the existing laws and the inadequate implementation of these flawed laws by its implementers and the disregard for its importance and the opportunism of some profiteers.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Adopting criminal measures to combat this phenomenon is one of the measures that legislators have resorted to. During the stage, the law considered the change of use of agricultural lands important and criminalized it; Such as the Law on the Development of Agricultural Centers approved in 1975 and the Law on Conservation of Agricultural Lands and Gardens approved in 1995. The last law enacted in this regard was the Law on Amending the Law on Preservation of the Use of Agricultural Lands and Gardens, approved in 2006, and its by-laws, which in Article 3 provide for the punishment of demolition and fines for perpetrators of this crime. There will also be imprisonment.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It seems necessary for the legislator to take greater steps to deal with this phenomenon by removing the ambiguity of this law and determining more practical solutions and using prevention and culture-building methods.