A Model of Complementary Justice in Iran’s Judicial System: From the Case of General Soleimani to the Localization of International Justice

Abstract

The present study aims to explicate the theoretical foundations and core components of a model of complementary justice within the judicial system of the Islamic Republic of Iran, with particular emphasis on the case of the assassination of General Qasem Soleimani. The central research question is how, through domestic legal institutions and principles, a localized mechanism can be developed that is simultaneously aligned with international standards of criminal justice. The research employs a descriptive–analytical methodology, and the data have been collected on the basis of international instruments (the Rome Statute, the Draft Articles on Responsibility of States for Internationally Wrongful Acts, and international human rights covenants) and the domestic laws of Iran (the Islamic Penal Code, the Law on Supporting Victims of Terrorism, and the Law on the Jurisdiction of Iranian Courts in Civil Actions against Foreign States). The findings indicate that the principle of complementarity in global justice is compatible with the jurisprudential foundations of justice in the Islamic legal system and can provide a theoretical basis for the localization of international justice. Within this model, national courts, by assuming complementary and protective jurisdiction, are capable of compensating for the gaps arising from the biased or ineffective performance of international institutions. The case of the assassination of General Soleimani constitutes a practical illustration of the capacity for implementing complementary justice at the national level and may serve as a model for Islamic countries and the Global South. In conclusion, the article proposes strategies such as the development of a “Comprehensive International Crimes Act,” the establishment of a “Permanent Chamber for Complementary Justice” within the Judiciary, and the strengthening of “judicial diplomacy” as mechanisms for institutionalizing a localized–international justice framework.