Conclusion of the public hearings on the preliminary objections raised by the United States of America

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)

Conclusion of the public hearings on the preliminary objections raised by the United States of America The Court to begin its deliberation

THE HAGUE, 21 September 2020.

 

The public hearings on the preliminary objections raised by the United States of America in the case concerning Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America) concluded today. The Court will now begin its deliberation.

On 16 July 2018, the Islamic Republic of Iran instituted proceedings against the United States of America before the International Court of Justice (ICJ), with regard to a dispute concerning alleged violations of the Treaty of Amity, Economic Relations, and Consular Rights between Iran and the United States, which was signed in Tehran on 15 August 1955 and entered into force on 16 June 1957 (“the 1955 Treaty”).

On 23 August 2019, the United States of America filed preliminary objections to the jurisdiction of the Court and to the admissibility of the Application. Pursuant to the Rules of Court, the proceedings on the merits of the case were suspended. The hearings on the preliminary objections raised by the United States of America were held at the Peace Palace, the seat of the Court, from 14 to 21 September 2020.

During the hearings, the delegation of the United States of America was led by Mr. Marik A. String, Acting Legal Adviser, United States Department of State, as Agent, Counsel and Advocate; and the delegation of the Islamic Republic of Iran was led by Mr. Hamidreza Oloumiyazdi, Head of the Centre for International Legal Affairs of the Islamic Republic of Iran, Associate Professor of Private Law at Allameh Tabataba’i University, Tehran, as Agent and Advocate.

 Requests of the Parties

At the end of the hearings, the Agents of the Parties presented the following requests to the Court:

For the United States of America: “For the reasons explained during these hearings and any other reasons the Court might deem appropriate, the United States of America requests that the Court uphold the U.S. preliminary objections set forth in its written submission and at this hearing and decline to entertain the case. Specifically, the United States of America requests that the Court:

(a) Dismiss Iran’s claims in their entirety as outside the Court’s jurisdiction.

(b) Dismiss Iran’s claims in their entirety as inadmissible.

(c) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (b) of the Treaty of Amity.

(d) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (d) of the Treaty of Amity.

(e) Dismiss as outside the Court’s jurisdiction all claims, brought under any provision of the Treaty of Amity, that are predicated on third country measures.

” For the Islamic Republic of Iran: “The Islamic Republic of Iran respectfully requests that the Court:

(a) reject and dismiss the Preliminary Objections of the United States of America; and

(b) adjudge and declare: (i) that the Court has jurisdiction over the entirety of the claims presented by Iran; and (ii) that Iran’s claims are admissible.” The Court’s decision on the preliminary objections will be delivered at a public sitting, the date of which will be announced in due course.

 History of the proceedings

The history of the proceedings can be found in press releases Nos. 2018/34 of 17 July 2018, 2018/37 of 25 July 2018, 2018/43 of 30 August 2018, 2018/50 of 3 October 2018 and 2019/34 of 30 August 2019, available on the Court’s website (www.icj-cij.org).

 Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents. The complete verbatim records of the hearings held from 14 September 2020 to 21 September 2020 are published on the website of the Court (www.icj-cij.org).

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

Source 


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