Iran
Iran claims to stand against terrorism in all its forms, although it has been linked with supporting terrorist groups in several countries. It has charged four people protesting against the killing of Mahsa Amin with terrorism, the first of whom was convicted in November 2022. Executions of protesters began in December 2022.
The Definition of Terrorism in Domestic Law
Iran has criminalized terrorism in its Penal Code. One form of terrorism is "war against God", which is the "drawing a weapon on the life, property or honor [referring to female members of the family] of people or threatening them, in such manner that results in insecurity in the environment".Art. 280, Criminal Code.Another is fesad-fel-arze, which comprises a range of offences against the State: wide commission of "crimes against physical integrity and crimes against internal or external security of the country, criminal libel, a disorder in the state economic system, arson and annihilation, dissemination of toxic, microbial, and hazardous matters … that cause severe disorder in the public order of the country, create insecurity or inflict substantial damage upon the physical integrity or persons or public and private properties…"Art. 286, Criminal Code.
In June 2017, five members of Islamic State attacked the Iranian Parliament and the mausoleum of Ayatollah Khomeini, killing 17 people and wounding 42 others. Following the attacks, eight members of Islamic State, who had a direct connection with the attackers, were arrested and convicted of the crime of abetting fesad-fel-arze.
Iran adopted a Countering Financing of Terrorism Act in 2016 to which an amendment entered into force in 2019. There is a specific exemption in the law for the struggle of individuals, nations, and national liberation movements whose aim is to counter domination, foreign occupation, colonisation, and racism.
Adherence to Global and Regional Terrorism Treaties
Iran has adhered to some but not all of the UN sectoral terrorism treaties. It is one of only eight States that has not adhered to the 1999 Terrorist Financing Convention, although as noted above it has domestic legal provisions governing the issue.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State not party |
| 1999 Terrorist Financing Convention | State not party |
| 2005 Nuclear Terrorism Convention | State not party |
In adhering to the 1979 Hostage-Taking Convention, Iran declared its belief that "fighting terrorism should not affect the legitimate struggle of peoples under colonial domination and foreign occupation in the exercise of their right of self-determination".
| Treaty | Adherence |
|---|---|
| 1999 OIC Convention on Combating International Terrorism | Status unknown |
Laws and Penalties for Terrorist Offences
Articles 279-288 of the Islamic Criminal Code of Iran address terrorist offences. Several of these crimes provide for the death penalty, in particular armed action.
Moharebeh is the "drawing a weapon on the life, property or honor [referring to female members of the family] of people or threatening them, in such manner that results in insecurity in the environment".Art. 280, Criminal Code.The punishment for moharebeh is one of the following penalties: the death penalty (by hanging) or crucifixion, amputation of the right hand and left foot, or banishment.Art. 282, Criminal Code.The judge decides which punishment to impose upon conviction.
Four people were charged with Moharebeh in connection with the protests sparked by the death of Mahsa Amin. One was convicted and sentenced to death in November 2022. In mid-December 2022, Iran announced it had publicly hanged a 23-year-old in the second execution linked to the recent anti-government protests. Majidreza Rahnavard, 23, was hanged early on Monday in the city of Mashhad, the judiciary said. A court convicted him of "enmity against God" after finding he had stabbed to death two members of the paramilitary Basij Resistance Force. Rahnavard was hanged just 23 days after his arrest. Human rights groups have warned that protesters are being sentenced to death after sham trials without due process.
Fesad fel-arze refers to a person who "widely commits crimes against physical integrity and crimes against internal or external security of the country, criminal libel, a disorder in the state economic system, arson and annihilation, dissemination of toxic, microbial, and hazardous matters … that cause severe disorder in the public order of the country, create insecurity or inflict substantial damage upon the physical integrity or persons or public and private properties…"Art. 286, Criminal Code.The death penalty is the mandatory punishment for fesad fel-arze.
In addition, Article 22 of the Cybercrime Law criminalizes the online support of terrorist groups; a committee is established whose task is to identify offending websites.
Domestic Counterterrorism Capacities and Policies
Iran's Islamic Revolutionary Guard Corps are used for counterterrorism operations.
In 2020, Iran stated before the United Nations General Assembly that the assassination in Iraq of General Soliemani, the Commander of the Quds Force of the Islamic Revolutionary Guard Corps, by the United States was "an obvious example of State terrorism and constitutes a gross violation of the fundamental principles of international law, including those stipulated in the Charter of the United Nations".
Glossary
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