ظرفیت های نظام حقوق داخلی در مطالبه غرامت از متجاوزان جنگی در پرتو منویات مقام معظم رهبری؛ چالش ها و پیشنهادات

The Supreme Leader of the Islamic Revolution has consistently emphasized the necessity of pursuing compensation for damages resulting from the imposed war, based on the irrefutable rights of the Iranian nation. This demand is not merely a financial claim; rather, it represents the vindication of a right, acknowledging the suffering and resilience of the Iranian people and ensuring accountability for the aggressor. Consequently, pursuing this matter constitutes a national and strategic obligation, a point firmly stressed in the leadership’s discourse. Guided by this understanding of its necessity, this research examines the practical and legal capacities for claiming compensation within the framework of Iran’s domestic legal system.
The study primarily focuses on the following question: Does the legal framework and institutional structure of the Islamic Republic of Iran provide the necessary mechanisms and grounds to seriously pursue this claim on the domestic stage? In other words, this research aims to identify and analyze the capacities of domestic law that can facilitate the successful advancement of this major case. The objective is to provide a guideline for claiming compensation for both material and non-material damages incurred during the imposed war, thereby enabling the realization of these legitimate rights through reliance on domestic laws and regulations.
Given that the incurred damages fall under the scope of non-contractual liability, this study seeks to extract relevant capacities in this field and propose solutions to overcome the challenges hindering this path.