Spring 2025, Pages 141-1
June 2025, Pages 1-123

Criminal Law and Criminology Studies

Editor’s Note

Pages 1-2

https://doi.org/10.22059/jqclcs.2025.108179

Abstract
The new issue of the Journal of Criminal Law and Criminology (Summer 1404/2025) is being published amidst significant challenges. The imposition of war, prolonged internet disruptions, and technical difficulties regarding reviewer access to our submission system have unfortunately hindered our timely publication schedule. We sincerely apologize to our esteemed readers for these delays.
In this issue, we have endeavored to present a diverse collection of articles covering various facets of criminal science, encompassing both criminological and legal perspectives. The selected works offer a broad spectrum of research, ranging from domestic jurisprudence to issues of international law.
Finally, we would like to extend an open invitation to legal scholars and researchers to submit their manuscripts for peer review and publication. We particularly welcome and prioritize submissions from single authors, fostering a platform for individual scholarly inquiry.

Law

Narrative Criminology: Analytical Possibilities and Explanatory Limitations (An Immanent Critique)

Pages 3-22

https://doi.org/10.22059/jqclcs.2026.414186.2081

farhad Allahverdi meygouni

Abstract Narrative criminology has emerged over the past two decades as a dynamic theoretical approach within the study of crime and deviance. In contrast to mainstream criminology, which has traditionally understood criminal action as the product of variables such as economic deprivation, personality disorder, or institutional dysfunction, narrative criminology shifts the analytical focus to the constitutive, directive, and justificatory power of stories. From this perspective, individuals do not commit crime simply because they possess a particular attribute; rather, they act within and through the narratives that lend coherence, direction, and legitimacy to their lives. The approach is a legitimate product of the broader "narrative turn" in the humanities and social sciences—an intellectual current with roots in poststructuralism and critical theories of language, which proposes that human experience is not accessed directly, but is shaped, represented, and transmitted through narrative structures. It is crucial to note that this emphasis on narrative should not be narrowly interpreted as a focus solely on the oral accounts of offenders; the approach recognizes a wide range of narrative sources, including victims' accounts, official documents, oral histories, media texts, and broader cultural narratives embedded in literature, film, and political discourse.

Despite its rapid growth over the past decade, narrative criminology continues to face pressing questions regarding its theoretical status. A distinct research gap is evident in the literature, which can be summarized along three axes. First, existing studies have largely either explicated the approach's capacities or critiqued it from external perspectives, such as those of positivist or structuralist traditions; an evaluation based on its own stated criteria—an immanent critique—is rarely undertaken. Second, theoretical discussions have paid insufficient attention to recurrent misconceptions about the approach, which inadvertently recall the very positivist foundations it promised to transcend. Third, while there is general acknowledgment of the approach's limitations, these have rarely been subjected to systematic formulation. This article addresses these gaps by asking whether narrative criminology has genuinely moved beyond the prevailing assumptions of mainstream criminology, or has merely reproduced classical concepts in new language.

The article proceeds in three interconnected analytical steps. The first reconstructs the theoretical orientation and conceptual apparatus of narrative criminology. Drawing on modern narratology, narrative is defined as the meaningful organization of events through two fundamental elements: story (the set of narrated events) and plot (the causal and meaningful relations among these events). In the criminological context, this organization foregrounds three core analytical dimensions: narrative causality, which addresses how narrative provides a meaningful context within which harmful action becomes comprehensible and justified; characterization of offender and victim, rooted in Goffman's dramaturgical approach, which involves the distribution of moral positions—who is cast as hero, victim, or villain—and is never neutral, always linked to the allocation of responsibility; and narrative identity, which explores how self-stories justify past action and set the stage for future conduct, while recognizing that offender self-narratives are often not coherent and unified, but multidimensional, fragmented, and marked by "narrative hot spots" where tensions become apparent.

The second step identifies and critiques three fundamental misconceptions that undermine the approach's critical potential. The first is its reduction to mere storytelling, which ignores the approach's analytical engagement with narrative discourse—how events are organized into meaning—rather than the raw content of the story. The second is its reduction to a research method, such as narrative interviewing, which overlooks the crucial epistemological distinction between narrative as a data-collection tool and narrative as a paradigm. The third, relatedly, is the treatment of narrative as a tool for discovering an objective, positivist "truth," rather than focusing on what Sandberg (2010) terms narrative truth, where the analytical value lies in the identity-constructing and performative functions of storytelling, even when it involves deception.

The third and most substantial step turns to the internal tensions that arise from the approach's own logic. The first and most fundamental is narrative silence, formulated on two distinct but intertwined levels. One is traumatic silence: the narrator's inability to articulate experience due to the severity of psychological harm. This is not a simple absence but an active, socially-constructed space where usual linguistic frameworks break down, posing a profound methodological paradox—narrative criminology needs narrative to understand its effects, yet narrative fails precisely where the most damaging experiences are located. This "narrative pause" at critical moments is not limited to victims; studies of violent offenders show a similar narrative breakdown when describing the moment of violence itself. The second level concerns the non-discursive: language's own incapacity to fully represent dimensions of experience—embodied habits, pre-linguistic affects, practical skills, automatic reactions—that are thoroughly real and consequential yet resist narrativization. This challenge is especially acute in two areas: violence and incarceration. The concept of "carceral habitus" (Page & Goodmann, 2020) illustrates how the embodied, habitual dimensions of prison experience cannot be fully captured through inmate interviews alone.

The second internal tension is the politics of narrative, concerning the approach's relationship with power. This operates at two complementary levels. At the pre-narrative level, unequal power relations determine whose narrative is heard and whose remains unheard—a structural silencing that raises the ethical question of whether narrative criminology should actively seek to restore voice to the marginalized. At the post-narrative level, narratives are always produced within specific "discursive orders" shaped by criminal justice institutions, media, and the academy itself, and are perpetually susceptible to appropriation by more powerful institutions. Against the danger of "narrative voyeurism"—consuming stories of suffering for academic pleasure without ethical commitment—the article argues for a reflexive narrative approach that accepts the "responsibility of witnessing": a committed presence in the face of the other's narrative, with critical empathy and constant awareness of the researcher's own position within circuits of power.

The central argument of the article is that the tension between narrative and its non-discursive remainders—traumatic silence, embodied habits, structurally imposed silences—is not an epistemological flaw, but the very condition of possibility for narrative criminology itself. If everything were reducible to narrative, the approach would risk collapsing into a tautology: "narrative constructs crime and we analyze narrative." The way out of this impasse is to acknowledge precisely those things that escape narrative. Taking these tensions seriously does not require negating the approach, but rather delimiting its claims and re-theorizing its status. Narrative criminology remains faithful to its theoretical promise only when it abandons totalizing ambitions and redefines itself as a "boundary-conscious analytical lens"—a lens whose value lies not in eliminating what lies outside narrative, but in illuminating the dynamic relationship between the narrative and those remainders that refuse to be fully narrated. This redefinition carries a practical corollary: the narrative criminological researcher must adopt a reflexive orientation, aware of their own position of power, and committed to situated, partial explanations of crime stories, with sensitivity to power as an internal logic of analysis rather than an external appendix.

Keywords: narrative criminology, narrative turn, crime stories, narrative causality, narrative silence, politics of narrative.

Assessing the Criminal Responsibility of Child-Soldiers for Perpetrating International Crimes; A Case Study of Dominic Ongwen

Pages 23-42

https://doi.org/10.22059/jqclcs.2025.397392.2011

Heidar Piri, Akram Karim Zorab

Abstract The issue of child soldiers lies at the intersection of two concepts: victim and perpetrator. This dual status has not only led to divergent views on their prosecution but has also posed a fundamental challenge to the international criminal justice system. This descriptive-analytical study, focusing on the Dominic Ongwen case before the ICC, examines whether the existing normative framework, particularly the Rome Statute, is effective in articulating the criminal responsibility of child soldiers and striking a balance between their status as victims and offenders.
Findings indicate that international jurisprudence, despite the prohibition on recruiting children under the age of 15, exhibits confusion and a lack of transparent standards when dealing with children above this age. The Ongwen case reveals that traditional criteria for attributing criminal responsibility and general defenses such as duress, necessity, or mental incapacity are insufficient, on their own, to explain the complex situation of these children and are applied restrictively and cautiously. The main contribution of this article is to argue for the necessity of adopting an integrated approach that, on one hand, deals realistically with the principal perpetrators of crimes and, on the other hand, protects children as the most vulnerable actors in conflicts by taking into account their specific circumstances of coercion and victimization. Consequently, evolution in judicial interpretation and normative strengthening in this area is inevitable.

Criminological study of hate crimes against foreign immigrants

Pages 43-66

https://doi.org/10.22059/jqclcs.2026.390169.1977

Behzad Razavi Fard, Mahdi Hamooleh

Abstract Committing hate crimes as a violent act and intimidation against immigrants as one of the vulnerable groups, often due to their racial, national and ethnic identity, has always had a wide impact on the social relations of these groups. The problem of this research is the criminological investigation of hate-based crimes with an emphasis on immigrants, and from a criminological approach, it will explain the theories, approaches and causes and factors of the formation of roots leading to hatred. The research method will be descriptive-analytical with a qualitative approach, combined with in-depth (qualitative) interviews and organized through thematic analysis of the data, coding, and its interpretation to the point of theoretical saturation. In the analysis of the findings, various psychological, socio-cultural, economic and political causes and factors, each according to the current conditions and situation, can play a role as a stimulus and catalyst in the creation of crimes based on hatred towards immigrants, and the roots of its formation according to Related theories such as Agnew's general strain and Perry's structural action are analyzed. The continuous continuation of these crimes in the social structure can play a key role in the dual continuity of us and them in the immigrants and put them on the path of social disintegration, isolation and ostracism. These waves have never subsided in a world where hatred has become a part of people's daily life towards immigrants, and with each wave it can create turbulence in them.

Law

Criminal Protection of Commercial Trust: An Analysis of the Offence of Non-Disclosure of Conflict of Interest by a Broker

Pages 67-84

https://doi.org/10.22059/jqclcs.2026.403584.2046

Ahmad Rahimi, Mohammad Ebrahim Shams Natri, Hassan Aalipour, Alireza Aalipanah

Abstract Abstract
This study employs a descriptive–analytical method and library-based sources to examine the criminal protection of commercial trust through an analysis of the offence of non-disclosure of a broker’s conflict of interest under Article 346 of the Commercial Code, with reference to Article 54 of the 2024 Draft Commercial Code. It seeks to clarify the protected legal interest and the conditions governing criminal liability. The findings demonstrate that the protected value is commercial trust and the preservation of the broker’s financial impartiality. Commercial trust is conceived not merely as the personal confidence of one contracting party, but as an institutional foundation of intermediary market relations, the impairment of which may undermine the integrity and efficiency of commercial transactions. The criminal conduct consists of an omission-failure to disclose a benefit or share to an uninformed party. Accordingly, neither criminal fraud nor actual harm is required; the offence is therefore classified as a formal (conduct-based) crime. However, liability requires the broker’s knowledge of the relevant benefit or share and intentional concealment (general intent). Criminal responsibility arises upon the conclusion of a valid and legally effective transaction. Although the exclusion of punishment where the transaction fails or is declared void accords with the principles of strict interpretation and minimal criminal intervention, it may weaken deterrence and encourage risk-taking behavior regarding the duty of disclosure

Law

An analysis of the foundations and manifestations of minimalism in Iranian law with a look at the law of the United States of America

Pages 85-105

https://doi.org/10.22059/jqclcs.2025.396424.2005

adnan omrani far

Abstract The penal minimalist approach, as one of the new developments in penal policies, emphasizes reducing the use of prison sentences and replacing them with corrective and preventive measures. This research aims to examine the foundations of the tendency towards penal minimalism in the Penal Reduction Law approved in 2020 and compare it with the American legal system. The research findings show that the tendency towards penal minimalistism is rooted in criminological perspectives such as social disability theories, criminal psychology, restorative and Marxist justice, which emphasize the ineffectiveness of prison in reforming criminals and increasing the cycle of crime. From the perspective of criminal law, the reformability of criminals, reducing economic costs, proportionality of punishment, protection of human rights, and the inefficiency of the prison system are among the foundations of this approach. In the American penal system, especially after the enactment of the Prisoner Recidivism Reduction Act (2018), minimalist policies have been pursued with a focus on reducing prison terms, improving prison conditions, implementing correctional and rehabilitation programs, and reducing socio-economic inequalities in the administration of justice. In comparison to the United States, Iranian penal reforms have mainly focused on reducing custodial sentences and developing leniency institutions. The present study, which was developed using a descriptive-analytical method, shows that penal minimalism can help reduce the prison population, reduce

Law

The Position of Judges' Fault and Negligence in Claiming Damages: A Case Study of Selected Public Fund Cases

Pages 106-122

https://doi.org/10.22059/jqclcs.2026.400900.2028

mahdieh vojdani fakhr, razieh saberi, ali farhadi

Abstract Judicial immunity has been recognized in many legal systems as a safeguard to ensure judicial independence and impartial adjudication. However, in certain circumstances, judicial decisions may result in material or moral harm to litigants, thereby conflicting with the principle of fair trial. This article examines the legal process and judicial practice governing claims for damages arising from judges’ fault and negligence before the High Disciplinary Court for Judges, with a particular focus on selected cases involving public funds. Employing a descriptive–analytical methodology based on documentary research, the study demonstrates that, notwithstanding the establishment of manifest fault in some cases, the High Disciplinary Court often reclassifies such conduct as “negligence” and consequently obliges the Public Fund to bear compensation. Moreover, the absence of the Ministry of Justice in the adjudicatory process increases the risk of conflicts of interest, while inadequate judicial awareness may amount to legal “fault.” The findings underscore the necessity of a more precise judicial distinction between fault and negligence, reforms in adjudicatory procedures, and the enhancement of judicial competence.

Law

Cyber Aggression and the right to Self-Defense against It

Articles in Press, Accepted Manuscript, Available Online from 27 September 2026

https://doi.org/10.22059/jqclcs.2026.392754.1990

shadi tazesh, seyed ghasem zamani, mahdi abdolmaleki

Abstract New technologies have transformed traditional forms of attack, leading to numerous reports of assaults by both non-governmental and governmental actors on the foundations of a country—extending beyond just its tangible borders. Many modern forms of attack now meet the criteria for aggression. However, since 2010, when governments in Kampala defined the crime of rape after years of speculation, it seems highly unlikely that a legal framework to categorize cyber-attacks as rape will emerge anytime soon. Nevertheless, it is optimistic to believe that the Kampala document has the potential to address the legal vacuum surrounding these issues, even if the solution is not definitive. By recognizing aggression in cyberspace and the legitimate right to defend against it, existing legal frameworks—such as Article 51 of the United Nations Charter and the Tallinn Manual—can provide guidance. However, cyber-attacks must be assessed in terms of their nature, intensity, and scope to determine whether they qualify as armed attacks under the concept outlined in Article 4.2 of the UN Charter. Legal prerequisites for self-defense, including "necessity," "proportionality," and "urgency," must be satisfied in response to cyber aggression. However, factors such as the diversity of attackers in cyberspace and the erosion of non-territorial boundaries complicate the application of self-defense in this context.

Law

State Terrorism: A Reflection on the Assassination of Iran’s Nuclear Scientists from the Perspective of State Crime

Articles in Press, Accepted Manuscript, Available Online from 27 September 2026

https://doi.org/10.22059/jqclcs.2026.404175.2051

Nabiollah gholami

Abstract The “12-Day War” waged by the occupying Israeli regime, with the support and backing of Western states—particularly the United States—was carried out through a series of military strikes and targeted assassinations, especially against Iran’s nuclear scientists. These actions, in addition to violating fundamental principles of international humanitarian law such as the principles of distinction and proportionality, can be analyzed from a criminological perspective as “state terrorism as a form of state crime.” The primary question of this study is the possibility of identifying and analyzing the assassination of Iranian nuclear scientists within the framework of state crime. The study employs a conceptual–theoretical and comparative methodology, relying on sources from international law, humanitarian documents, and theories of state criminology to examine the criteria for the occurrence of state terrorism. The findings indicate that the assassinations possessed three essential components of state crime: commission by the government as a whole, systematic action, and human rights violations. Moreover, specific characteristics of state terrorism—such as organizational rationality, ideological justification of violence, institutionalization of repression, and collective intimidation—were also evident in the behavior of the Israeli regime. Accordingly, the assassination of Iranian nuclear scientists during the 12-Day War can be considered a clear example of “systematic state terrorism” situated within the framework of state crime, carrying extensive legal and criminological implications in contemporary international law.

Law

The Crime of Aggression against Iran in the Twelve-Day War: Analysis of the Elements of the Crime and the Possibility of Prosecuting the Aggressor Leaders under Article 8bis of the Rome Statute

Articles in Press, Accepted Manuscript, Available Online from 27 September 2026

https://doi.org/10.22059/jqclcs.2026.406569.2056

Vahid Kiomarsi

Abstract The issue of the crime of aggression against Iran in the Twelve-Day War is of great importance from the perspective of international criminal law, especially Article 8 bis of the Rome Statute. This research article examines the crime of aggression within the framework of international criminal law, focusing on the events of the Twelve-Day War between Iran and Israel, and attempts to assess the compatibility of the military actions taken with the elements of the crime of aggression as stipulated in Article 8 bis of the Rome Statute. The subject of the research is important because the crime of aggression, as the most serious act against international peace and security, requires the verification of precise material, psychological, and formal elements, and only includes leaders who had the actual authority to direct or control the act of aggression. The conflict in question, given the organized nature of the attacks and their consequences for the territorial integrity of Iran, provides a suitable space for analyzing existing legal criteria. The main issue of the research is whether the actions taken in this war are consistent with the criteria set out in the Kampala amendments and the definition of aggression in Resolution 3314, and if this compliance is established, what legal and political obstacles prevent the prosecution of the attacking leaders in the International Criminal Court. Examination of the elements of the crime shows that widespread and intentional attacks against the territory of an independent state, in the absence of a valid legal justification.

Law

The Collapse of the International Legal Order: Assessing the Consequences of the Twelve-Day War Against Iran on the United Nations Charter and International Humanitarian Law

Articles in Press, Accepted Manuscript, Available Online from 27 September 2026

https://doi.org/10.22059/jqclcs.2026.400989.2029

Hassan Husseini

Abstract The post-World War II international legal order rests upon two fundamental pillars: the prohibition of the use of force under Article 2(4) of the UN Charter and the humanization of conflict through International Humanitarian Law (IHL). Utilizing an analytical-normative methodology and a constructivist theoretical framework, this research analyzes the deconstructive consequences of the twelve-day military aggression by the Israeli regime and the United States in June/July 2025 as a critical juncture in the normative erosion of the current order. The core issue is examining how this twelve-day event transformed from an isolated violation into a systemic catalyst that undermines the intersubjective consensus on foundational rules. This action operated as a "speech act," redefining state identities and interests regarding basic norms. The dual consequences encompass the Jus ad Bellum level—practical invalidation of the non-use of force principle and the paralysis of the collective security system—and the Jus in Bello level, involving systemic breaches of the principles of distinction and proportionality. These breaches included civilian casualties from extensive airstrikes on residential areas, indiscriminate destruction of civilian and nuclear facilities, and targeted assassinations of commanders and scientists, leading to the normalization of total warfare patterns and the weakening of the Geneva Conventions. This process deepens the legitimacy crisis of central institutions like the Security Council and the (ICC), ultimately driving the world toward absolute normative anarchy by destroying minimal normative consensus, potentially signaling the end of the post-war peace project.

Law

Islamization of Pakistan's Criminal Legislation in the Light of Political Transformations

Articles in Press, Accepted Manuscript, Available Online from 27 September 2026

https://doi.org/10.22059/jqclcs.2026.402371.2039

فائزه Manteghi

Abstract This article examines the influence of Islamist movements on criminal legislation in Pakistan, with particular emphasis on the political dimensions of criminal law. The central question addressed is how Islamism has shaped the process of criminal law Islamization and reconfigured the relationship between the state, Sharia, and society in Pakistan. The study is situated within broader debates on the interaction between Islamic legal traditions and modern state institutions in Muslim-majority societies. Pakistan represents a significant case study because its legal system has experienced repeated efforts to reconcile inherited colonial legal structures with demands for the implementation of Islamic law.

The article adopts a historical-analytical approach and employs a case study methodology to investigate the evolution of Pakistan’s criminal justice system from the country’s establishment in 1947 to the Islamization program of General Muhammad Zia-ul-Haq (1977–1988) and the subsequent reforms that followed, particularly the Women’s Protection Act of 2006. By tracing major legislative developments and political transformations, the study seeks to explain how criminal law became a key arena for ideological contestation and state-building projects in Pakistan.

The analysis begins with the constitutional and political foundations of Pakistan as a state established in the name of Islam but inheriting a predominantly colonial legal framework. Successive governments faced the challenge of defining the role of Islamic law within the national legal order. While early constitutional debates emphasized the Islamic identity of the state, comprehensive Islamization of criminal law did not occur until the military regime of General Zia-ul-Haq. Faced with a legitimacy deficit following his seizure of power, Zia pursued an extensive Islamization agenda that presented the implementation of Sharia as both a religious obligation and a source of political legitimacy.

The article examines major legal reforms introduced during this period, including the Hudood Ordinances of 1979, the Qisas and Diyat laws, and the establishment of Sharia-based judicial institutions such as the Federal Shariat Court. These reforms sought to incorporate Islamic criminal law principles into the existing legal system and significantly expanded the role of religious discourse in legislative and judicial processes. However, the study argues that these measures cannot be understood solely as the application of Islamic jurisprudence. Rather, they reflected the interaction between political objectives, institutional interests, and ideological commitments.

The findings demonstrate that the Islamization of criminal law in Pakistan was closely linked to the state’s search for political legitimacy and authority. Islamist actors, particularly Jamaat-e-Islami and other religious groups, played an important role in promoting Islamic legislation, yet the state selectively adopted and implemented Islamic legal norms according to political considerations. Consequently, Islamization emerged not as a uniform or comprehensive process but as a negotiated and contested project shaped by the balance of power among state institutions, religious movements, legal elites, and social actors.

The article further explores the criticisms directed at Islamized criminal laws, especially regarding their impact on women, religious minorities, and human rights protections. Domestic civil society organizations, women’s rights activists, legal professionals, and international human rights bodies challenged aspects of the Hudood laws and related legislation. These pressures contributed to later reforms, most notably the Women’s Protection Act of 2006, which modified several provisions of the Hudood framework. The reform process illustrates that Islamization was neither irreversible nor static; rather, it remained subject to reinterpretation and revision in response to changing political and social circumstances.

The study concludes that criminal law in Pakistan has become a crucial arena for redefining the relationship between Sharia, state authority, and political legitimacy. The experience of Pakistan suggests that the Islamization of criminal law should not be viewed exclusively as a religious or legal phenomenon. Instead, it represents a broader political process in which legal reforms serve as instruments for state-building, legitimacy construction, and the management of social and ideological conflicts. At the same time, the persistence of Islamic legal discourse within subsequent reforms demonstrates the enduring influence of Islamism on the country’s legal and political development.

The Pakistani case offers valuable insights for understanding similar debates in other Muslim societies where governments, religious actors, and civil society continue to negotiate the place of Islamic law within modern legal systems. By highlighting the political dynamics underlying legal Islamization, this study contributes to a deeper understanding of the challenges and complexities associated with integrating Sharia-based norms into contemporary criminal law frameworks.

Indexing and Abstracting