The Interaction of the Domestic Legal Systems with the International Law System in Combating Treaty Crimes

Document Type : Original Article

Author
Associate Professor, Department of Public and International Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran.
10.48315/qgl.2025.499140.1181
Abstract
Today, the international community is witnessing transnational criminal activities that threaten the common national interests of governments. This threat sometimes goes to the border of global values. Fighting these crimes requires cooperation and coordination between governments. Therefore, efforts are made to deal with these activities through international conventions. The function of these conventions is to deal indirectly through domestic criminal law with criminal activities that have actual or potential cross-border effects. This article introduces transnational criminal law as a distinct legal system that has two parts, international law and national law. Suppression conventions of treaty crimes are one of the international components of the transnational criminal law system. However, without the interaction of the domestic legal system with the international system, it is not possible to achieve the goals of the conventions against those crimes. Furthermore, this cooperation and interaction is facing challenges, because the measures agreed in the conventions are often in conflict with the interests of the signatory countries or with their own national legal cultures, or signatory countries may have internal resistance to harmonizing their laws based on what is agreed upon in an international convention. The relative lack of monitoring mechanisms in the field of transnational criminal law has significant consequences in evaluating the performance of these treaties as well.
Keywords