International Court of Justice says it can hear case brought by Iran against USA to end sanctions
In its Judgment, which is final, without appeal and binding
on the Parties, the Court found that it
has jurisdiction, on the basis of Article XXI, paragraph 2, of the Treaty of
Amity, Economic Relations, and Consular Rights of 1955, to entertain the
Application filed by the Islamic Republic of Iran on 16 July 2018, and that the
said Application is admissible.
The Court therefore rejected the preliminary objections to
its jurisdiction raised by the United States of America.
On 16 July 2018, the Islamic Republic of Iran filed an
Application instituting proceedings against the United States of America with
regard to a dispute concerning alleged violations of the Treaty of Amity,
Economic Relations, and Consular Rights of 1955, which was signed by the two
States in Tehran on 15 August 1955 and entered into force on 16 June 1957
Iran stated that its Application related to the decision of
the United States of 8 May 2018 “to re-impose in full effect and enforce” a
series of sanctions and restrictive measures targeting, directly or indirectly,
Iran and Iranian companies and/or nationals, which the United States had
previously decided to lift in connection with the Joint Comprehensive Plan of
Action (an agreement on the nuclear programme of Iran reached on 14 July 2015
by Iran, the five permanent members of the Security Council, plus Germany and the
European Union).
The Applicant claimed that, through the “8 May sanctions”
and further sanctions that had been announced, the United States had violated
and continued to violate multiple provisions of the 1955 Treaty.
Accordingly, Iran requested the Court to adjudge, order and
declare that the United States has breached its obligations under the Treaty of
Amity, that it must put an end to such breaches and that it must compensate
Iran for the harm caused. As basis for the jurisdiction of the Court, the
Applicant invoked Article XXI, paragraph 2, of the 1955 Treaty.
On 16 July 2018, Iran also filed a Request for the
indication of provisional measures. On 3 October 2018, the Court delivered its
Order on this request.
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. Public hearings on the preliminary objections
were held from 14 to 21 September 2020.
The judgement is available here
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