Shortcomings of the Criminal Legislative System in Response to the Needs of War Situations:Lessons from Aggression of the Iraqi Ba'athist Regime against I.R.I.

The eight-year war imposed by the Iraqi Ba'athist regime and its supporters and proponents and the continuing military threat of international powers against the Islamic Republic of Iran (I.R.I.) indicate that I.R.I. needs to be fully prepared to face these threats and war situations. One necessary aspect of the preparations is the preparation of the internal legal system. The article focuses on the shortcomings of the Iranian penal system for facing to war conditions, relying on the experience of the eight-year war, so that each of them has become a necessary need for the penal system. In this article, four subject matters have been identified as imperfections and essentials: the legislation of jurisprudence, especially in the field of humanitarian law, the Criminalization and penalizing of "sub-state entities" for crimes other than their members, the enactment of the special Act for war and international criminal crimes specially the crime of aggression. Three decades have passed since the war and the Security deployment make ignorance about the necessary needs in this realm. Therefore, these issues must be addressed with the correct placement in the relevant laws and acts or the Islamic Consultative