Alleged Violations of the 1955 Treaty of Amity (Iran v. United States)
Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America) | |
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Court | International Court of Justice |
Decided | 3 October 2018; 3 February 2021 |
Case opinions | |
https://www.icj-cij.org/en/case/175 |
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
On 23 August 2019, the United States raised preliminary objections to the jurisdiction of the Court and the admissibility of the Application. In accordance with the Rules of Court, the proceedings on the merits of the case were then suspended.[6]
On 3 February 2021, the ICJ delivered its Judgment on the preliminary objections raised by the United States of America, rejecting the arguments and finding that it had jurisdiction to entertain the case.[7] The case was then scheduled to proceed to the merits, with the United States scheduled to file its Counter-Memorial by 20 September 2021. In March 2023, the court released its final judgement on the merits.[8]
Background
Long before Iran's
In 2018, U.S. President
2018 Provisional Measures Order
On 3 October 2018, the ICJ issued a provisional measures order, requiring the United States to lift certain restrictions to ensure access to "humanitarian trade, food, medicine and civil aviation."[11] "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."[12]
2023 Judgement on Merits
On March 30, 2023, the ICJ released its final judgement on the merits of the case.[8] The court found that they had no jurisdiction over the assets held by Bank Markazi, Iran's central bank, because it was not a commercial enterprise and therefore it was not covered under the 1955 Treaty of Amity. This represented a majority of the funds in question.[13] However, the court also ruled that the US had violated the treaty in other ways by seizing assets.[14] US Spokesperson Vedant Patel said he believed the decision was "a major blow to Iran."[15] However, the Iranian Foreign Ministry said that the ruling was proof of "Iran’s righteousness and the violations by the US government."[16]
References
- ^ a b c "Iran Files Suit against US for Violating 1955 Treaty of Amity - Tasnim News Agency". Tasnim News Agency. Retrieved 4 October 2018.
- ^ a b Gladstone, Rick (17 July 2018). "Iran Takes U.S. to Court Over Nuclear Deal and Reimposed Sanctions". The New York Times. Retrieved 4 October 2018.
- ^ a b Berg, Stephanie van den. "World Court hears Iran lawsuit to have U.S. sanctions lifted". Reuters. Retrieved 4 October 2018.
- ^ a b "UN court issues interim order to US to lift some Iran sanctions". www.aljazeera.com. Retrieved 4 October 2018.
- ^ Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America), Provisional Measures, Order of 3 October 2018, I.C.J. Reports 2018, p. 623
- ^ "Latest developments | 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". www.icj-cij.org. Retrieved 12 July 2021.
- ^ Judgment, 3 February 2021, accessed at https://www.icj-cij.org/public/files/case-related/175/175-20210203-PRE-01-00-EN.pdf
- ^ a b "Certain Iranian Assets (Islamic Republic of Iran v. United States of America)". www.icj-cij.org. Retrieved 14 January 2024.
- ^ "UN court orders US to lift some Iran sanctions". SFGate. 3 October 2018. Retrieved 6 October 2018.
- ^ "US pulls out of 1955 Iran treaty". CNN. 3 October 2018. Retrieved 4 October 2018.
- ^ 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.
- ^ "Iranian FM Hails ICJ's Ruling against US Sanctions - Tasnim News Agency". Tasnim News Agency. Retrieved 4 October 2018.
- ^ van den Berg, Stephanie (30 March 2023). "World Court rules US illegally froze some Iranian assets". Reuters. Archived from the original on 10 November 2023.
- ^ "Top UN court rejects Iranian bid to free assets frozen by US". AP News. 30 March 2023. Retrieved 14 January 2024.
- ^ "Why We Believe versus What We Believe", Why We Believe, Yale University Press, pp. 115–120, 24 September 2019, retrieved 14 January 2024
- ^ "Iranian Foreign Ministry's statement about the ruling of the International Court of Justice". Islamic Republic of Iran Ministry of Foreign Affairs. 30 March 2023. Retrieved 14 January 2024.