Iranian Review for UN Studies

Iranian Review for UN Studies

Iran’s Ad Hoc Acceptance of the ICC’s Jurisdiction: Threats, Opportunities, and Mechanisms for Documenting Alleged Crimes during the 12-Day War

Articles in Press

Document Type : Original Article

Authors
Ali Masoudianvarzaneh 1
Ahmad Momenirad 2
1 Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2 Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, iran
10.22034/iruns.2026.568827.1213
Abstract
Iran was among the most active participants in the negotiations leading to the adoption of the Rome Statute and signed the treaty on 31 December 2000. Its failure to ratify, however, has left the Islamic Republic of Iran outside the Court’s jurisdictional framework. This article examines the potential implications of Iran’s ad hoc acceptance of the ICC’s jurisdiction under Article 12(3) of the Statute with respect to alleged crimes committed during the 12-Day War. Particular heed is given to the legal and political dimensions of such a declaration, including its temporal scope, admissibility standards, and the possibility of reciprocal scrutiny. The analysis further considers comparative experiences of Côte d’Ivoire, Palestine, and Ukraine, identifying common patterns and divergent outcomes in their use of Article 12(3). Finally, the author explores the role of evidence-gathering and documentation mechanisms as a vital factor in shaping the effectiveness and viability of any prospective engagement with the Court.
Keywords
ICC
12-Day War
ICC’s Ad Hoc Jurisdiction
Article 12(3) of the Rome Statute
Evidence Documentation
Iranian Review for UN Studies

Articles in Press, Accepted Manuscript
Available Online from 17 August 2026