Military Commanders’ Arbitrary Actions on War and Generalizing Its Punishments to Non-Commanders Using International Law Documents and Jurisprudential Standards on Crimes Committed

The Rule of Prohibition of War is a fundamental principle and an authoritative law in Islam and contemporary international law, based on which, countries are prohibited from waging wars and resorting to force to interfere with each other’s affairs. Consistent with Islamic laws and international law documents, any invasion or resort to force under such headings as preventive measures or defense against an imminent attack is prohibited. The observance of the said principle helps preserve the sovereignty and independence of the countries and establishes international peace and security. In essence, from the Islamic perspective and international law, reducing the consequences of war and its impacts are positive measures aimed at eliminating wars; however, since this is impossible, attempts are made to limit the outcomes of the wars. These measures include determining rules and regulations as humanitarian laws, which the parties should observe during armed conflicts or defense. This issue has also been set out in international documents, conventions and resolutions. Following the Islamic Revolution, the legislator, citing the Islamic jurisprudence and international law, has envisaged any unauthorized or unpermitted invasion or military action without counter-measures or following the order of cessation against military forces or nationals who are not in conflict with Iran to be arbitrary as outlined in Articles 34 and 35 of the Criminal Code of the Armed Forces, setting out heavy punishment for the commanders. These laws have problems, and they need to be modified. This research also expressed theoretical basics of Islam and international laws to ask:  Have the Iranian military laws paid attention to this? Furthermore, can they affect international peace? Here, the author uses an explanatory and analytical method to enumerate the advantages and disadvantages of this issue and uses a descriptive-analytical method via library sources to gather data.