DISCRETION BY DESIGN: TRACING THE ORIGINS AND IMPACT OF IRAN’S VAGUE AND OVERBROAD ISLAMIC PENAL CODE

Abstract

Iran’s long-standing pattern of mass arrests dates back to the formation of the Islamic Republic in 1979, often tied to the enforcement of the moral code and government responses to recurring waves of social unrest. Human rights organizations frequently attribute these arrests to the country’s failure to uphold international human rights standards, calling for broader reforms to freedom of speech, press, and assembly. However, such critiques often overlook the more subtle mechanisms through which the state may justify such arrests — notably, the vague and overbroad terms Iranian criminal laws frequently employ. This paper seeks to address this gap by identifying and analyzing all vague and/or overbroad terms in the Islamic Penal Code’s Book 5, while also examining the historical origins and modern-day consequences of such terms. In doing so, my findings suggest that the Islamic Republic of Iran deliberately preserves vague and overbroad legal terms as a strategic tool to criminalize a broad range of behaviors and enable charge stacking, thereby imposing disproportionately harsh penalties designed to deter future resistance. Ultimately, these terms have served as a power mechanism through which the regime consolidates its control, providing legal cover for mass arrests aimed at suppressing dissent and reinforcing its political and ideological dominance.