A confrontation between two legal perspectives: Analysis of the legal interaction and conflict between the I.R. Iran and the United Nations Human Rights Council

Abstract

The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations System, and is one of the most prominent institutions of the United Nations which monitor human rights records in member states. The UNHRC is the successor to the United Nations Commission on Human Rights (UNCHR), and is a subsidiary body of the United Nations General Assembly. It has addressed human rights status in Iran mostly through UPR and Special Rapporteur. The Council works closely with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United Nations' Special Procedures. The state of human rights in the Islamic Republic of Iran and many other countries have been addressed both by UNHRC and NCHR. The Council and its predecessor have had confrontational and partly normal interactions with the I. R. of Iran since 1979. This article reviews the mentioned interactions and focuses on their confrontational legal status on torture, execution, Islamic Punishments and etc. It is believed that part of the confrontations stem from differences in legal systems and ambiguities in some of Iran’s Penal Law.