Espionage and Cooperation with Hostile States in Iranian Law: Legal Framework and Human Rights Concerns
Espionage and Cooperation with Hostile States in Iranian Law: Legal Framework and Human Rights Concerns
The espionage bill approved by the parliament in June 2025, expands the use of the death penalty to cover a broad range of national security offenses. Importantly, the bill defines collaboration with “hostile states,” including the United States and Israel, as “corruption on earth”—an offense vaguely defined that carries the death penalty. ABC is concerned that such broad and imprecise provisions will be weaponized to convict individuals engaged in peaceful activities on spurious national security charges. The case studies in this report already demonstrate how existing espionage laws are used in this way, raising grave concerns about the impact of further expanding the scope of the death penalty.
Currently, Iran criminalizes espionage and cooperation with hostile states under three overlapping legal frameworks. The laws’ broad undefined terms enable the criminalization of dissent, independent journalism, and peaceful political activity. As in the current convictions, it provides for disproportionate punishments for non-violent offenses.
The Islamic Penal Code (1996, Tazirat Section) governs civilian conduct. It provides for 1–10 years' imprisonment for knowingly sharing classified political or military information with unauthorized parties (Art. 501) collecting or attempting to disseminate classified material to undermine national security (Art. 505) and collaborating with hostile states (Art. 508). The punishment for “concealing or facilitating espionage” is six months to 3 years (Art. 510).
The Armed Forces Penal Code (2003) imposes severe penalties on military personnel including execution for passing military or national security information to enemies or foreign powers (Art. 24). It provides for up to 15 years' imprisonment for collecting sensitive information, even if not transmitted. Penalties vary by the classification level of disclosed material, including imprisonment for breaching confidentiality (Art. 26).
The 2020 Law on Countering Hostile Actions of the Zionist Regime applies to any collaboration with Israeli-affiliated entities. Espionage for Israel is classified as moharebeh (waging war against God) and esfad fel-arz (corruption on earth), both punishable by death. Political, economic, media, or cultural engagement with Israel is criminalized and leads to imprisonment and dismissal from public service:
- “Any form of intelligence cooperation or espionage in favor of the Zionist regime shall be considered as moharebeh (waging war against God) and fasad-fil-ard (corruption on earth), and the perpetrator shall be sentenced to the most severe punishment.” (Art. 6)
- “Any form of cooperation, interaction, political agreement, or exchange of information with official or unofficial entities affiliated with the Zionist regime is prohibited. The offender shall be sentenced to Level 4 taʿzir imprisonment [5 to 10 years] and permanent dismissal from public service.” (Art. 7)
- “Any action—whether security, military, political, cultural, media, propaganda-related, or direct or indirect economic and financial assistance—knowingly aimed at endorsing, strengthening, or consolidating the Zionist regime is prohibited. The offender shall be sentenced to Level 5 taʿzir imprisonment [2 to 5 years].” (Art. 8)
The New Bill (2025): “Intensification of Punishment for Espionage and Cooperation with the Zionist Regime and Hostile States Against National Security and Interests,” approved by the parliament on June 23, 2025, expands these provisions and criminalizes dissent, independent journalism and peaceful political activities, including protests, and intensifies penalties. The bill’s use of broad, undefined terms such as “harm to national interests” and “spreading fear,” and “affiliates”, among others, allows judges to impose harsh penalties, including death, confiscation of property, and dismissal from jobs for activities that do not involve espionage. Articles 7–9 of the bill establish exceptional judicial procedures and retroactive applicability:
- "Any intelligence activity or espionage on behalf of the Zionist regime or hostile states, including the United States, or any other hostile regimes and groups, or their affiliates, that harms national security or national interests, is considered ‘esfad fel-arz’ and is punishable under Article 286 of the Islamic Penal Code, enacted on May 1, 2013." (Art.1).
- “Perpetrators of any security, military, economic, financial, technological action, or any form of direct or indirect assistance, carried out knowingly and with awareness, with the purpose of endorsing, strengthening, consolidating, or legitimizing the Zionist regime, shall be convicted of corruption on earth (esfad fel-arz) and shall be subject to the punishment prescribed in the main clause of Article 286 of the Islamic Penal Code.” (Art.2)
- "Any action or cooperation in political, cultural, media, or propaganda activities, spreading fake news, or any content that could cause public fear, division, or harm national security, if not punishable under ‘esfad fel-arz’, will be subject to imprisonment and permanent dismissal from public service. Furthermore, sending videos or images to hostile or foreign networks, where their publication would typically result in the weakening of public morale, incitement of division, or harm to national security, shall be punishable by Level 5 ta'zir imprisonment [2 to 5 years]. Participation in illegal marches or gatherings during wartime shall be punishable by Level 4 ta'zir imprisonment [5 to 10 years]. " (Art.4)[1]
- “If the taʿzir offenses covered by this law are committed during wartime or under security or military conditions, as determined by the Supreme National Security Council, the offender’s punishment shall be increased by up to three degrees. The penalties prescribed under this law shall apply to the offender in the circumstances specified in this article, regardless of the nature of the country, regime, or group benefiting from the act, whether hostile or non-hostile.” (Art. 6)
- “Offenses covered by this law shall be adjudicated out of turn and on a priority basis at special branches of the Revolutionary Court designated by the Head of the Judiciary.” (Art. 7)
- The provisions of the initial authorization (istejaza) granted to the Head of the Judiciary by the Supreme Leader, dated July 24, 2018, concerning the prosecution of economic crimes, shall also apply to the offenses covered by this law from the date of its enactment.” (Art. 8)
- This law shall enter into force upon its adoption. The penalties prescribed herein shall also apply to offenses that were initiated or for which preparatory acts occurred prior to the law’s enactment, provided that the offenders or their accomplices fail to present themselves and their associates to the competent authorities within three days of the law’s adoption.” (Art. 9)
If ratified, the June 23 bill gives the Iranian authorities sweeping and arbitrary power to silence dissent by equating a wide range of peaceful activities with “corruption on earth” (esfad fel-arz), a capital offense under Article 286 of the Islamic Penal Code. The definitions of prohibited conduct — such as “harming national security,” “endorsing or legitimizing the Zionist regime,” or engaging in “political, cultural, media, or propaganda activities” — are so vague and broad that they can encompass virtually any form of criticism, independent journalism, or human rights work.
The extension of punishments to cover cultural, media and propaganda acts extends the reach of the law in silencing dissent, while providing additional legal instruments to execute individuals that rely on broad definitions to secure convictions. In a system that routinely relies on confessions extracted under torture and unsubstantiated evidence to secure convictions, it presents an increasing danger.
By criminalizing such activities with the death penalty, the law violates the principle of legality and legal certainty (ICCPR Art. 15), as well as the right to life (Art. 6), which restricts the death penalty to the “most serious crimes” involving intentional killing. The bill also directly undermines freedoms of expression, association, and assembly (ICCPR Art. 19, 21, 22) by punishing individuals for sharing videos or images with foreign media, participating in protests, or disseminating information that could allegedly “weaken public morale.”
In addition, it empowers the authorities to increase punishments in vaguely defined “wartime or security conditions,” determined not by courts but by the Supreme National Security Council, thereby granting the executive unchecked authority over sentencing (Art.14). This Council is chaired by the President and brings together the country’s top civilian and military officials. Its permanent members include the Speaker of Parliament, the head of the Judiciary, the Chief of the Armed Forces General Staff, and the commander of the Islamic Revolutionary Guard Corps, alongside the ministers of Foreign Affairs, Defense, Interior, and Intelligence. The Supreme Leader’s representatives are also permanent members.[2]
Trials under this law are fast-tracked in special Revolutionary Court branches appointed by the Head of the Judiciary, denying defendants fair trial guarantees and the right to an independent and impartial tribunal (Art. 14).
Perhaps most troubling, the bill applies retroactively to acts committed before its adoption, unless the accused surrender within three days. This provision strips away the fundamental protection against retroactive punishment (Art. 15) and gives the government unlimited scope to prosecute past behavior as it sees fit. By removing safeguards, concentrating power in security bodies, and authorizing severe penalties up to death for ill-defined conduct, this law gives the government a free hand to suppress dissent, silence independent voices, and instill fear in society in blatant violation of Iran’s international human rights obligations.
The new bill has faced scrutiny from the Guardian Council, whose role is to ensure that legislation complies with Islamic law and the constitution. In mid-September, the Guardian Council sent back the bill to the parliament for revision, stating vaguely its incompatibility with the Article 110 (2) of the constitution and the need to preserve the "atmosphere of unity and cohesion,” key to Iran’s “victory in the 12-day war.”[3] Clause 2 of Article 110 describes the responsibilities of the Supreme Leader in “Supervising the proper execution of the general policies of the State.” It is difficult to determine what changes in the bill will satisfy the Guardian Council.
[1] Additional punishments include fines, prohibition from holding public office, dismissal from service, or ban on certain social activities
[2] Tehran Times, August 9, 2025. https://www.tehrantimes.com/news/516619/The-Supreme-National-Security-Council-in-Iran
[3] Donya-e-eqtesad, September 22, 2025. https://donya-e-eqtesad.com/fa/tiny/news-4214094