A Comparative Analysis of Universal Jurisdiction in the Criminal Laws of Iran, Turkey, and Afghanistan

Document Type : Original Article

Authors

1 Associate Professor, Department of International Law, Faculty of Law, Qom University, Iran, Qom

2 Master's Student in International Law, Faculty of Law, Qom University, Iran, Qom

3 PhD Student in International Law, Faculty of Law, Qom University, Iran, Qom

10.22091/dclic.2026.13845.1112

Abstract

The principle of universal jurisdiction is one of the modern manifestations of the expansion of the state criminal jurisdiction in the international arena, under which states are authorized to prosecute and punish perpetrators of international crimes, regardless of their nationality or the place of the offense. It reflects the collective will of the international community to combat crimes that shock the conscience of humanity. This study, through an analytical–comparative approach, examines the theoretical foundations and legislative frameworks of universal jurisdiction within the legal systems of Iran, Turkey and Afghanistan. In Iranian law, Article 9 of the Islamic Penal Code is the most important document for the application of this principle, but its limited scope of crimes and narrow interpretations have hindered its effective implementation. In Turkey, Article 13 of the Penal Code encompasses a broader range of international crimes, although its dependence on the authorization of the Ministry of Justice has undermined judicial independence. In Afghanistan, Article 26 of the Penal Code 2016 has taken a fundamental step in harmonizing with international obligations by explicitly accepting this principle, but institutional weakness and political instability have prevented its effective realization. The results of the research show that the effectiveness of the principle of universal jurisdiction in the three countries requires reform of the legislative structure, specialized training of judges, and the development of regional cooperation in the field of criminal justice.

Keywords

References

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Criminal Law Doctrines of Islamic Countries
Volume 3, Issue 1 - Serial Number 9
Spring 2026
March 2026
Pages 52-71

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