Iran's 2018 lawsuit at ICJ against the United States

Last updated

Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America)
International Court of Justice Seal.svg
Court International Court of Justice

Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America) is the formal name of a case in the International Court of Justice (ICJ). Iran filed a lawsuit with the Hague-based ICJ against the United States, on 16 July 2018, mainly [1] based on the 1955 Treaty of Amity signed between the two sides, well before the Islamic revolution of Iran. [2] Iranian officials said that US re-imposition of the nuclear sanctions was a violation of the treaty. [1] At the time, the United States regarded the lawsuit as "baseless" and vowed to fight against it. [2] Almost a month later, the case was heard by the ICJ within a week and the US was asked by the court's president to "respect the outcome." [3] On 3 October 2018, the International Court of Justice, the United Nations' highest court, issued an interim order to the United States "to lift sanctions linked to humanitarian goods and civil aviation imposed against Iran." [4]

International Court of Justice Primary judicial organ of the United Nations

The International Court of Justice (ICJ) sometimes called the World Court, is the principal judicial organ of the United Nations (UN). The ICJ's primary functions are to settle international legal disputes submitted by states and give advisory opinions on legal issues referred to it by the UN. Through its opinions and rulings, it serves as a source of international law.

Iran Country in Western Asia

Iran, also called Persia, and officially the Islamic Republic of Iran, is a country in Western Asia. With over 81 million inhabitants, Iran is the world's 18th most populous country. Its territory spans 1,648,195 km2 (636,372 sq mi), making it the second largest country in the Middle East and the 17th largest in the world. Iran is bordered to the northwest by Armenia and the Republic of Azerbaijan, to the north by the Caspian Sea, to the northeast by Turkmenistan, to the east by Afghanistan and Pakistan, to the south by the Persian Gulf and the Gulf of Oman, and to the west by Turkey and Iraq. Its central location in Eurasia and Western Asia, and its proximity to the Strait of Hormuz, give it geostrategic importance. Tehran is the capital, largest city, and leading economic and cultural center.

The Hague City and municipality in South Holland, Netherlands

The Hague is a city on the western coast of the Netherlands and the capital of the province of South Holland. It is also the seat of government of the Netherlands.

Contents

Background

Long before Iran’s Islamic Revolution in 1955, Iran and the United States signed the Treaty of Amity which was meant to provide "a basis for friendly diplomatic exchanges and economic relations." [5]

Iranian Revolution Revolution in Iran to overthrow the Shah replace him with Ayatollah Khomeini.

The Iranian Revolution, also known as the Islamic Revolution or the 1979 Revolution, was a series of events that involved the overthrow of the last monarch of Iran, Mohammad Reza Shah Pahlavi, and the replacement of his government with an Islamic republic under the Grand Ayatollah Ruhollah Khomeini, a leader of one of the factions in the revolt. The movement against the United States-backed monarchy was supported by various leftist and Islamist organizations and student movements.

The Treaty of Amity, Economic Relations and Consular Rights between the United States and Iran was signed in Tehran on August 15, 1955, received the consent of the Senate on July 11, 1956 and entered into force on 16 June 1957. The treaty is registered by the United States to the United Nations on 20 December 1957. The official texts are in English and Persian. It is sealed by plenipotentiaries Selden Chapin (U.S.) and Mostafa Samiy (Iran).

US President Donald Trump pulled out of a 2015 accord between Iran and "major world powers" whereupon some of the sanctions against Iran were lifted in exchange for Tehran accepting some limitations on its nuclear program. The US government then announced "unilateral plans" to re-impose sanctions against Iran. [3] The Iranian government believed that the United States’ decision on 8 May 2018, to re-impose nuclear sanctions on Iran was a violation of the United States' international obligations, "especially articles 4, 7, 8, 9, 10" of JCPOA and the Treaty of Amity. Consequently, Iran filed a lawsuit with the International Court of Justice on 16 July 2018. [1]

Joint Comprehensive Plan of Action International agreement on the nuclear program of Iran

The Joint Comprehensive Plan of Action, known commonly as the Iran nuclear deal or Iran deal, is an agreement on the Iranian nuclear program reached in Vienna on July 14, 2015, between Iran, the P5+1, and the European Union.

The first sanctions against Iran were those imposed by the United States in November 1979 after a group of radical students seized the American Embassy in Tehran and took hostage the people inside. The sanctions by Executive Order 12170 included freezing about $12 billion in Iranian assets, including bank deposits, gold and other properties, and a trade embargo. These sanctions were lifted as part of the Algiers Accords which was a negotiated settlement of the hostages’ release.

Tehran City in Iran

Tehran is the capital of Iran and Tehran Province. With a population of around 8.7 million in the city and 15 million in the larger metropolitan area of Greater Tehran, Tehran is the most populous city in Iran and Western Asia, and has the second-largest metropolitan area in the Middle East. It is ranked 24th in the world by the population of its metropolitan area.

Outcome of the lawsuit

About one month later, the ICJ heard the case [3] and on 3 October, the United States was finally "reprimanded" for re-imposing sanctions on Iran and was ordered "to lift restrictive measures linked to humanitarian trade, food, medicine and civil aviation." [6] "On humanitarian grounds, the US must remove by means of its choosing any impediment to the free exportation to Iran of goods involving humanitarian concerns," said the United Nations court's verdict on 3 October 2018. [4] Mohammad Javad Zarif, the Iranian Foreign Minister, hailed the ruling and described it as "a victory for the rule of law." [7]

Civil aviation all non-military aviation

Civil aviation is one of two major categories of flying, representing all non-military aviation, both private and commercial. Most of the countries in the world are members of the International Civil Aviation Organization (ICAO) and work together to establish common standards and recommended practices for civil aviation through that agency.

Aftermath

Attempting to limit its vulnerability to rulings by the International Court of Justice, the US government stated that they were exiting the Treaty of Amity with Iran, which requires "giving one year's written notice" according to the treaty itself. The act was criticized by Mohammad Javad Zarif. [8]

Related Research Articles

<i>Advisory opinion on the Legality of the Threat or Use of Nuclear Weapons</i> advisory opinion stating that there is no source of law, customary or treaty, that explicitly prohibits the possession or even use of nuclear weapons

Legality of the Threat or Use of Nuclear Weapons [1996] ICJ 2 is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that there is no source of law, customary or treaty, that explicitly prohibits the possession or even use of nuclear weapons. The only requirement being that their use must be in conformity with the law on self-defence and principles of international humanitarian law.

Mohammad Javad Zarif Iranian politician

Mohammad Javad Zarif is an Iranian career diplomat and academic. He has been foreign minister of Iran since 2013.

Stephen M. Schwebel American judge

Stephen Myron Schwebel, is an American jurist, counsel and independent arbitrator. He serves as Judge of the World Bank Administrative Tribunal and as a member of the U.S. national group at the Permanent Court of Arbitration. Previously, he served as President of the World Bank Administrative Tribunal, as President of the International Monetary Fund Administrative Tribunal (1993–2010), as President of the International Court of Justice (1997–2000), as Vice President of the International Court of Justice (1994–1997) and as Judge of the International Court of Justice (1981–2000). Prior to his tenure on the World Court, Judge Schwebel served as Deputy Legal Adviser to the U.S. Department of State (1974–1981) and as Assistant Legal Adviser to the U.S. Dept. of State (1961–1967). He also served as a professor of law at Harvard Law School (1959–1961) and Johns Hopkins University (1967–1981). Judge Schwebel is noted for his expansive opinions in momentous cases such as Legality of the Threat or Use of Nuclear Weapons, Military and Paramilitary Activities in and Against Nicaragua and Oil Platforms .

International law regulations governing international relations

International law, also known as public international law or law of nations, is the set of rules, norms, and standards generally regarded and accepted in relations between nations. It establishes normative guidelines and a common conceptual framework for states to follow across a broad range of domains, including war, diplomacy, human rights, and commerce. International law thus provides a mean for states to practice more stable, consistent, and organized international relations.

United States sanctions against Iran

The United States applies economic, trade, scientific and military sanctions against Iran. U.S. economic sanctions are administered by the U.S. Office of Foreign Assets Control. Currently, the U.S. sanctions against Iran include an embargo on dealings with the country by the U.S., and a ban on selling aircraft and repair parts to Iranian aviation companies.

Oil Platforms case is a public international law case decided by the International Court of Justice in 2003.

A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoners of war, spies, hostages, etc. Sometimes, dead bodies are involved in an exchange.

Mark Wallace American businessman, former diplomat and lawyer

Mark D. Wallace is an American businessman, former diplomat and lawyer who has served in a variety of government, political and private sector posts. He served in several positions during the administration of President George W. Bush, including as the United States Ambassador to the United Nations for UN Management and Reform.

United Nations Security Council Resolution 1929 United Nations Security Council resolution

United Nations Security Council Resolution 1929, adopted on 9 June 2010, after recalling resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008) and 1887 (2009) concerning the topics of Iran and non-proliferation, the Council noted that Iran had failed to comply with previous Security Council resolutions concerning its nuclear program and imposed further sanctions on the country.

Australia–Iran relations Diplomatic relations between Australia and the Islamic Republic of Iran

Australia–Iran relations refer to bilateral relations between Australia and Iran. Australia has maintained a continuous diplomatic presence in Iran since the Australian Embassy in Tehran was established in 1968. Iran has had an embassy in Canberra since 1971.

Iran nuclear deal framework

The Iran nuclear deal framework was a preliminary framework agreement reached in 2015 between the Islamic Republic of Iran and a group of world powers: the P5+1 and the European Union.

Negotiations leading to the Joint Comprehensive Plan of Action

This article discusses the negotiations between the P5+1 and Iran that led to the Joint Comprehensive Plan of Action.

Bank Markazi v. Peterson, 578 U.S. ___ (2016), was a United States Supreme Court case that found that a law which only applied to a specific case, identified by docket number, and eliminated all of the defenses one party had raised does not violate the separation of powers in the United States Constitution between the legislative (Congress) and judicial branches of government. The plaintiffs in the trial court, respondents in the Supreme Court, were several parties who had obtained judgments against Iran for its role in supporting state-sponsored terrorism, particularly the 1983 Beirut barracks bombings and 1996 Khobar Towers bombing, and sought execution against a bank account in New York held, through European intermediaries, on behalf of Bank Markazi, the state-owned Central Bank of Iran. The initial plaintiffs obtained court orders preventing the transfer of funds from the account in 2008 and initiated their lawsuit in 2010. Bank Markazi raised several defenses against the execution against the account, including that the account was not an asset of the bank, but rather an asset of its European intermediary, under both New York state property law and §201(a) of the Terrorism Risk Insurance Act. In response to concerns that existing laws were insufficient for the account to be used to settle the judgments, Congress included a section within a 2012 bill, codified after enactment as 22 U.S.C. § 8772, that identified the pending lawsuit by docket number, applied only to the assets in the identified case, and essentially abrogated every legal basis available to Bank Markazi to prevent the plaintiffs from executing their claims against the account. Bank Markazi then argued that § 8772 was an unconstitutional breach of the separation of power between the legislative and judicial branches of government, because it effectively directed a particular result in a single case without changing the generally applicable law. The United States District Court for the Southern District of New York and, on appeal, the United States Court of Appeals for the Second Circuit both upheld the constitutionality of § 8772 and cleared the way for the plaintiffs to execute their judgments against the account, which held about $1.75 billion in cash.

Iranian frozen assets in international accounts are calculated to be worth between $100 billion and $120 billion. Almost $1.973 billion of Iran's assets are frozen in the United States. According to the Congressional Research Service, in addition to the money locked up in foreign bank accounts, Iran's frozen assets include real estate and other property. The estimated value of Iran's real estate in the U.S. and their accumulated rent is $50 million. Besides the assets frozen in the U.S., some parts of Iran's assets are frozen around the world by the United Nations.

Jennifer Gillian Newstead

Jennifer Gillian Newstead is an American attorney who currently serves as the General Counsel at Facebook.

Aftermath of the Joint Comprehensive Plan of Action

The Joint Comprehensive Plan of Action, commonly known as the Iran nuclear deal or Iran deal, is an agreement on the Iranian nuclear program reached in Vienna on 14 July 2015 between Iran, the P5+1, and the European Union.

Irans 2018 prisoner swap proposal to the United States

Iranian Foreign Minister, Mohammad Javad Zarif has proposed Iran's prisoner swap proposal or prisoner exchange to United States government in October 2018. This proposal has remained without any answer from U.S. side until today, Zarif said to CBS News. Zarif, spoke about prisoner exchange between Iran and U.S. during an interview with CBS News agency, and added that the U.S. government must prove that its seriousness before any negotiations.

References

  1. 1 2 3 "Iran Files Suit against US for Violating 1955 Treaty of Amity - Tasnim News Agency". Tasnim News Agency. Retrieved 4 October 2018.
  2. 1 2 Gladstone, Rick. "Iran Takes U.S. to Court Over Nuclear Deal and Reimposed Sanctions" . Retrieved 4 October 2018.
  3. 1 2 3 Berg, Stephanie van den. "World Court hears Iran lawsuit to have U.S. sanctions lifted". Reuters. Retrieved 4 October 2018.
  4. 1 2 "UN court issues interim order to US to lift some Iran sanctions". www.aljazeera.com. Retrieved 4 October 2018.
  5. "UN court orders US to lift some Iran sanctions". SFGate. 3 October 2018. Retrieved 6 October 2018.
  6. Dehghan, Saeed Kamali; Borger, Julian (3 October 2018). "International court of justice orders US to lift new Iran sanctions". The Guardian. Retrieved 4 October 2018.
  7. "Iranian FM Hails ICJ's Ruling against US Sanctions - Tasnim News Agency". Tasnim News Agency. Retrieved 4 October 2018.
  8. "US pulls out of 1955 Iran treaty". CNN. 3 October 2018. Retrieved 4 October 2018.