Studying the role of Iran's strategic navy in confronting the phenomenon of piracy from the perspective of international criminal law
سال انتشار: 1404
نوع سند: مقاله ژورنالی
زبان: انگلیسی
مشاهده: 44
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شناسه ملی سند علمی:
JR_IRLSMP-5-17_005
تاریخ نمایه سازی: 23 شهریور 1404
چکیده مقاله:
Background and Theoretical Foundations: The phenomenon of maritime piracy and maritime terrorism has long posed a persistent threat to international maritime security and the global economy. In recent decades, especially in the Gulf of Aden, Bab el-Mandeb, and northern Indian Ocean, piracy has evolved into a transnational organized crime with political, military, and economic implications. The Islamic Republic of Iran, relying on its strategic naval doctrine and regional maritime presence, has taken an active role in combating piracy, particularly through the operations of the Islamic Republic of Iran Navy (NEDAJA). This study draws upon international criminal law, international public law, customary law, and Iranian domestic legal frameworks to assess the legal, operational, and normative roles of Iran’s strategic navy in response to piracy and maritime terrorism .Methodology: The study employs a qualitative and comparative legalanalytical approach. It draws from a wide range of primary and secondary sources, including conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the SUA Convention (۱۹۸۸), resolutions of the United Nations Security Council, Iranian national legislation, military doctrinal documents, and recent judicial reports. Additionally, scholarly literature and Persian-language defense and legal analyses were translated into English and used to frame the domestic response within broader international criminal accountability mechanisms. Case studies of Iranian naval interventions in piracy incidents over the last decade—especially the rescue of foreign vessels—are critically examined .۱ PhD candidate in criminal law and criminology۲Findings : Iran’s navy has played a pivotal role in securing major sea lanes and protecting Iranian and foreign commercial vessels. Despite Iran’s nonratification of UNCLOS, its practical compliance with international norms—including principles of universal jurisdiction and hot pursuit—demonstrates its functional alignment with international obligations. However, challenges remain in domestic law, including the absence of specialized maritime criminal courts, limited procedural clarity regarding extradition and prosecution of foreign pirates, and insufficient institutional transparency. Nonetheless, the Iranian legal system provides certain unique tools, such as military judicial authority over transnational maritime offenses, which enhance responsiveness .Conclusion: Iran’s strategic naval actions contribute significantly to regional anti-piracy operations, reinforcing its soft power and legitimacy in maritime governance. From the standpoint of international criminal law, these actions, when paired with reforms in legal codification and international cooperation, can enhance Iran’s role as a responsible maritime actor. The study recommends updating domestic criminal codes to explicitly criminalize piracy in accordance with international law, establishing maritime judicial training, and expanding bilateral treaties to facilitate extradition and mutual legal assistance
کلیدواژه ها:
نویسندگان
Amir Bagheri fard
Semnan Branch Islamic Azad university semnan lran
Barati Amir Nezam
Assistant Professor of Law, Department of Law, Imam Khomeini Maritime Sciences Emam khomeyni University, , Iran
Alireza Saberian
Assistant professor in Jurisprudence and Fundamentals of Law , Department of Jurisprudence and Fundamentals of Law Semnan Azad university
Saber Savaadkoohi
Lecturer at IAU, East Tehran Branch