Islamic Law

Islamic Law

An International Law analysis of the Guardian Council's Views on Reservation Concerning the Palermo and CFT Conventions

Document Type : Original Article

Author
Abdollah Abedini
Faculty Member of the Institution for Research and Development in the Humanities (SAMT)
Abstract
In the process of Iran's accession to the United Nations Convention against Transnational Organized Crime, known as the Palermo Convention (hereinafter the Palermo Convention) and the International Convention for the Suppression of the Financing of Terrorism (hereinafter the CFT Convention), the Guardian Council has, among the others, two objections regarding the non-accession to the two instruments. First, concerns about potential impediments on the circumvention the United States sanctions and second, obstructing assistance to resistance groups. Given the common provisions of both Conventions on the fulfilment of obligations under the domestic standards of the Member State, there seems to be no reason to worry about them. In this article, while examining the reservation of other States to these instruments, it will be analysed in light of international law rules the Guardian Council's objections to the proposed reservation to the Conventions. The conclusion is that the concerns raised about accession to the conventions can be eliminated in the light of the principles and rules of international law based on the objections raised.
Keywords
Palermo Convention"
CFT"
Principle of right to self-determination "
Unilateral Sanctions "
"
Guardian Council'

Subjects

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