An appraisal of Islamic Republic of Iran's accession to the statute of the international criminal court

The Islamic Republic of Iran’s accession to the constitution of the international criminal court has been an issue of study and controversy since the Rome statute was signed. One question of concern has been the compatibility of the constitution to the Islamic canon law and the country's constitution, which was first posed by Iran’s Guardian Council after I.R.I’s parliament announced its approval of the matter. Some affirmative views on the issue have been discussed in the present study. However, of primary interest is the favorable view of some of I.R.I's than high judicial authorities who continue to emphasize their major and pioneering role in propounding and following the issue in the past. Despite the above mentioned views and regardless of if they are finally approved, one should ask the question if IRI's accession to the constitution, which is part of the international system, is compatible to the national realities and the country's stance on international issues. To shed a new light on the issue, in this article the two questions will be considered in the light of the philosophy, the aim, and the methodological features of Islamic jurisprudence as reflected in the views of Islamic and national juristic authorities.