abbas barzegarzadeh

One of the significant topics in criminology in recent decades has been the focus on the relationship between gender and delinquency. While early criminologists primarily focused on the personality of offenders, modern criminology emphasizes the study of the role of the offender’s gender in the commission of crimes. Consequently, until now, most theories presented in criminology did not account for half of society, rendering them practically and operationally deficient. However, with the introduction of gender into delinquency studies, the approximate share of each gender in the commission of crimes has been relatively determined. It has become clear that delinquency and deviance, especially in financial and economic crimes, are not exclusively male domains. Women also play a significant role in the actualization of such crimes. The present study, employing library resources and a descriptive-analytical method, seeks to explore the factors contributing to the gender gap and gender convergence. It also examines the accuracy of the general hypothesis that financial crimes are not solely committed by men. Instead, men, due to their broader presence in economic and social spheres, have more opportunities to commit financial crimes. On the other hand, women, owing to technological advancements, shared social roles, job opportunities, education, gender equality, and the reduction of the gender gap, have increased opportunities for committing such crimes.

Situational prevention seeks to identify the external factors contributing to criminal behavior, separate from the characteristics of the perpetrator. Similarly, environmental prevention focuses on designing suitable living, working, and social environments to deter criminal acts. Violence against women is an area of significant concern that can benefit from these preventive measures. This study aims to investigate the presence of situational and environmental preventive measures addressing violence against women in international instruments, Iranian law, and legal doctrine. By examining and analyzing these measures, the article proposes practical and implementable recommendations derived from the aforementioned instruments and theories. The research methodology employed is a descriptive-analytical approach, utilizing library research. The findings highlight that Iranian law, reputable international instruments, and legal doctrine exhibit a strong commitment to protecting women's rights, preventing various forms of violence against women, and mandating actions to address such violence. As a result, specialized forums have taken steps to address this global issue through the formulation of regulations and the proposal of practical and implementable measures.

Seas have always been considered by individuals and states due to their special characteristics and importance. This importance has caused human beings to take their activities to seas and enjoy its blessings. The existence of interests in the exploitation of this field has always caused some differences among the stakeholders and beneficiaries. International law's scholars established international law of the sea, one of the oldest branches of international law, to regulate matters related to seas. As much as seas are beneficial to human beings, the dangers in them can also threaten the lives of people active in related fields. The right to life, which is the cornerstone of human rights, calls for measures to be taken to save the lives of those in need at sea. These provisions in the form of human rights and maritime conventions impose obligations on states. One of these tasks is to provide maritime search and rescue services to save the lives of people at risk at sea. In other words, such a duty arises from the right that every person should personally enjoy when he is in a situation of danger, and that right is nothing but the right to be rescued, because the right to be rescued is in line with the right to life.

General principles of law provided in Article 38(1) (c) of the Statute of the International Court of Justice are considered as one of the applicable legal sources to international litigations by the International Court of Justice. Contrary to treaty and custom, there is no consensus on the nature of general principles of law and how they should be implemented. The Court has taken two main approaches in this regard. The question of this research, which is based on a descriptive-analytical method, is how the Court operates in regard to identifying and applying general principles of law in cases involving human rights and humanitarian issues. The conclusion is that when it comes to matters involving inter-state relations the Court relies on general principles of law recognized by the major legal systems, while in terms of human-rights and humanitarian-law issues, it recognizes general principles specific to international law, which are applicable even without explicit consent from states and arise out of the requirements of international law.

After the withdrawal of joint comprehensive plan of action(JCPOA) by the President of the United States of America on May 8, 2018 and the imposition of new sanctions by Executive Order 13846 of the Government of the Islamic Republic of Iran to file a lawsuit in the International Court of Justice on July 16, 2018 under Article 22 of the JCPOA. The United States has claimed that the main reason for Iran's lawsuit is its withdrawal from the UN Security Council, and that this has nothing to do with the breach of the MOU. In this study, we seek to answer the question of under what circumstances the Court will pay attention to the preliminary objection of abuse in the present case and the procedure of the Court.

This research has been done in a descriptive analytical method by studying the opinions of the Court.

The study of the Court's case law leads to the conclusion that so far the Court has faced only this conditional negative aspect in the sense that it has accepted its principle but in no case has met the conditions for its application. From the point of view of the plaintiffs, it is understood that breach of good faith, lack of justice, denial after confession, change in the internal proceedings and use of court tools to resolve disputes with political motives are among the most important reasons for the abuse. It is from Darcy. In the case of breach of the MOU (due to sanctions), the Court rejected the US preliminary objection and stated that the US could not prove that the Iranian petition had anything to do with the dispute over the implementation or interpretation of the MOU.

The institution of good faith is not seriously considered in Iranian domestic law, and it seems that one of the important necessities for achieving justice and generalizing fair proceedings is to pay attention to this principle in the field of legislation, judicial procedure and arbitration. This institution is fully recognized in international law. ICSID is one of the most important international arbitration bodies in disputes arising from international investment. The role of ICSID in international investment protection against invested governments has been defined. Access to this important arbitration body is not possible except through good faith. Therefore, breach of good faith is considered as one of the obstacles to gaining this support. In this research, which has been done in a descriptive-analytical manner and by referring to the awards issued by ICSID, we seek to answer the question of what effect the violation of good faith by the investor will have on the preliminary and Merits proceedings. As a result, the hypothesis of the negative effect of malice on the ICSID procedure was confirmed in such a way that in the preliminary stage it will cause inadmissibility and in the Merits stage it will cause disenfranchisement.

One of the preliminary objections of the United States of America in the case of the Certain iranian assets of the Central Bank of the Islamic Republic of Iran, raised in the International Court of Justice following the ruling of the Supreme Court (2016) was the citation of the doctrine of clean hands. The main point of this descriptive-analytical study is to examine the US preliminary objection based on the Doctrine of the Clean Hands. The United States had claimed that the Iranian government had revoked the right to sue by supporting terrorism and the special face of Lebanese Hezbollah Has done. The International Court of Justice, while accepting the defenses of the Iranian legal team, rejected the US objections to the jurisdiction and hearing of the petition. The Doctrine of the Clean Hands has a long history in the legal literature and has been accepted by international arbitration bodies as a condition for hearing a petition, but has never been accepted by the International Court of Justice as a preliminary objection, and the Court often Examination has referred it to the mertis level. In the case of the dispute between Iran and the United States, the Court did not violate its jurisprudence .

Article 79 of the Rules of Procedure of the International Court of Justice deals with the subject of preliminary objections. Preliminary objections refer to two types of objections related to competence and audibility. Articles 34 and 36 of the Statute deal with the jurisdiction of the Court, but there are ambiguities regarding the hearing, the Statute and the Rules of Procedure of the Court, in the sense that its instances have not been specified. In this descriptive-analytical study, we seek to determine the cases of inability to hear the petition in the court proceedings. . In cases where the lawsuit is filed through a lawsuit, it is very common for the defendant government to raise preliminary objections. Such objections are designed to prevent the court from issuing a ruling on the nature of the dispute According to the Court's case, cases of inadmissibility include abuse of rights, lack of dispute, lack of interest, political disputes, diplomatic protection, other dispute resolution methods, fictitious disputes, the need for judicial observance, and abuse of court. Cases such as lack of legal capacity to file a lawsuit and the unreality of the dispute have sometimes been cited in the lawsuit, as well as the unscrupulousness of the plaintiff, whose examples (not the principle) have not been accepted by the court in any case.

The Special police for children and adolescents, as one of the special institutions of the juvenile justice system, was first considered in the Juvenile Delinquency Bill (1383) and then the legislator paid attention to it in the Criminal Procedure Code of 1392 in Article 31. According to this article, the police organization was ordered to form a police section for children and adolescents. In this study, in order to achieve the hidden angles of the role of the police in juvenile justice, an attempt has been made to explain the preventive position of the juvenile police in order to answer the question: what is the role of the juvenile police in the Iranian judiciary in crime prevention? The results of this study indicate that the behavior and approach of the Iranian police towards children and adolescents does not have a differential criminal policy and in dealing with children and adolescents, adult criminal policy is used. Therefore, it is necessary for the police to try to improve the process of intervening in the proceedings of children and adolescents by formulating a differential criminal policy based on protective and not criminal intervention in compliance with national and international principles and standards.

The main sources applicable to the International Court of Justice set forth in Article 38 of the Statute include treaties, custom and general legal principles and Subsidiary sources include judicial decisions and doctrine and fairness if agreed upon by the parties. Judicial decisions, as one of the sources of international law, can be applied by the Court in the issues raised. The practical issue is to explain precisely the status of the legal nature of judicial decisions in the jurisprudence of the Court. There are ambiguities about the role of judicial decisions among sources and especially in judicial procedure. This descriptive-analytical research seeks to find this role and position. The main question is whether the judicial decisions of the International Court of Justice are considered as an independent source of international law or not. The purpose of this study is to determine the function and status of judicial decisions in the jurisprudence of the Court. International Justice concluded that judicial decisions retain a minor role among the applicable sources in determining rights; In the justifiable causes of the verdict and the arguments of the parties, they have a justification function and in no way, like other sources, they are judged, but they are more useful in strengthening the meaning and logic of the issued verdicts.

Articles 62 and 63 of the Statute of the International Court of Justice set out the conditions for third intervention and an intervener state. In this paper, two cases of Whaling in antarctic and Nuclear tests will be studied in order to explain the views of the International Court of Justice and its judges on the conditions of third intervention involvement in environmental cases. The study method in this research is descriptive-analytical and the main purpose of this article will be to establish a relationship between erga omnes and environmental issues with emphasis on expanding the jurisdiction of the Court in accepting third parties. We seek to answer the question of what is the relationship between the interest and the legal nature of Article 62 The Articles of Association have an interest in environmental issues for the international community. Explaining the general interest to members of the international community and the legal nature of Article 62 of the Statute, it was stated in both cases that environmental disputes are not limited to disputes. And the international community has a legal interest in entering these cases as a third intervention. .

Based on the traditional approach derived from Article 38 (1) (b) of the Statute of the International Court of Justice, a customary rule consists of two procedural elements of the state practice and a opinio juris. The subject of this article is whether the current approach is equally applicable in international law, including trade, air and space, human rights and humanitarian law. We also answer the question whether its customary rule is based on the requirements of international law, including the lack of a single legislative power. The result of the paper is that the traditional two-element approach does not respond to human rights and humanitarian law, and the international criminal justice system has also taken other approaches to discovering the rule of law in this area. This does not mean the absolute negation of the application of the two-element approach, and in some cases it is also cited in a traditional way.

New technologies big impact, Shared In the life of modern societies, has many positive and negative aspects. Among them, Media technologies Computers and the Internet has opened a fundamental role in human societies for their. As far as possible without planning, development and productivity in areas such as: the cultural, social, economic and political science in the future will not be possible. Nevertheless, Should its devastating consequences, and especially in the social and cultural neglect; In other words, With all good technology and benefits, the shortcomings and the damage is That everyone, especially governments, policy makers, legislators, parents and teachers and parents should be aware. Of course, speaking of the damage from these technologies, does not mean the negation of the phenomenon and the negative view; But the truth is that computers and the Internet has positive and negative functions Therefore, with regard to bringing criminals to dominate the space and the need police and respected judges Justice This article seeks to investigate cybercrime from technical (computer science) rights with a focus on computer crime laws (Approved in June 1388, consists of 56 articles and 25 amendments) In line with the rights of citizens and we feel cyber security in the province. Now many forms of cybercrime with in this category, according to Iranian law, computer crimes and computer crimes International Convention known as the "Convention on Cybercrime Budapest 2001" In four conference include:1- Crimes against data and computer systems2- Crimes related content3- Crime Internet service providers4- Trafficking calls , To explain the concept and nature of cybercrime and study of different types of cyber crime and cyber crime as well as criminal jurisdiction in the area to be explored.

The author of this study plans the role of online social networks Social life and security shall study with research approaches in the province. The findings suggests that A few years social networks (Facebook, WhatsApp, Viber, line, tango, mobile network, etc.) Otherwise have excelled in the global village And many people from around the world, Are encouraged to join. Social networks have a strong role in today's world can not be ignored. The sites on different aspects of individual and social life and nationally and even internationally And Will contribute consequently social life and security measures Bushehr. And in the future more and more important role in life will play. Therefore, it should be noted, in today's world, social media plays a very important role in the relations between people worldwide. So that is an integral part of most people's lives have become. However, the emergence of these networks by simplifying and shortening the communication path among the community. In Iran, this phenomenon is not new to camping enthusiasts each day adds. Various classes in society, men and women, young and old, educated and illiterate, have spoken. Some are opposed to them, and their existence makes social and moral evils known to classes and wish to close, shut down and filtering them. In contrast, others considered them symbols of modern civilization, they are beneficial for social integration, and they need to know. The spread of this phenomenon, Positive and negative consequences on the lives of many people around the globe And the induction of the Bushehrs People And in some cases inescapable consequences have been imposed on us. In this study, we sought the positive and negative impacts of these networks of these networks in terms of security in the province ajtmahy review and to analyze the results.

Contraband,a Ancient problem That a long time ag,infare Wide economic and cultural damage to the country And nations deprived of significant revenue is legitimate. In this regard, Human trafficking,One of the phenomena of human society throughout different historical periods and in the present, Which is known from the beginning of the 1990s to modern slavery, Has become a global problem. Human trafficking in the twenty-first century will be a new form of slave trade until the nineteenth century imagine. Hence, the need to criminalize trafficking in persons in all countries of the world is felt. Currently, because of the growing phenomenon of human trafficking in the country in accordance with national laws and internationally, is a crime. The international dimension, the crime is often organized by criminal groups from different countries, branches and members, the emergence of 'transnational organized crime is, therefore, a crime is considered. To counter this phenomenon, in International and regional Have been approved various conventions and Protocols.Among these conventions and protocols, Among these conventions and protocols, protocol against the smuggling of migrants by land, air and sea, the Palermo Convention and the Convention have SARS. This ominuos phenomenon, Unfortunately, in our country has increased. But due to the lack of accurate crime statistics can not be human trafficking (especially women and children) Word said. But what is in the newspapers or in public, Statistics indicate alarming is trafficking in Qanvngzarbray therefore deal with this crime, the criminalization of trafficking crime issue on 27/2/83 and it has been approved. The reaction of the Islamic Republic of Iran for the crime of the appropriate legislation, Despite the lack of accession to international conventions to combat human trafficking, And in conformity with the will of the international community to deal with this global problem and concern is the basis of human dignity.