The ICJ delivers its Order in the case Islamic Republic of Iran v. United States of America (provisional measures) .
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The International Court of Justice (ICJ) unanimously ruled today (03 Oct) that the United States “shall remove, by means of its choosing, any impediments” to the free exportation of humanitarian needs to Iran arising from its withdrawal from the nuclear deal.
Iran had filed a lawsuit late August claiming that the US was in violation the 1955 “Treaty of Amity, Economic Relations, and Consular Rights” between the two countries over sanctions it imposed against Iran. The US imposed the sanctions after withdrawing from the Joint Comprehensive Plan of Action (JCPOA) signed in 2015 between Iran, the US, the United Kingdom, France, Russia, China, and Germany.
The Court found that some of the measures complained by Iran could relate to the essential security interests of the US and as such might affect at least some of the rights invoked by Iran under the 1955 Treaty. However, these did not include measures relating to the importation and purchase of goods required for humanitarian needs and the safety of civil aviation.
The Court ruled that the US “shall remove, by means of its choosing, any impediments arising from the measures announced on 8 May 2018 to the free exportation to the territory of the Islamic Republic of Iran of: medicines and medical devices; foodstuffs and agricultural commodities; and spare parts, equipment and associated services (including warranty, maintenance, repair services and inspections) necessary for the safety of civil aviation.” It added that the US shall ensure that licences and necessary authorizations are granted, and that payments and other transfers of funds are not subject to any restriction in so far as they relate to these goods and services.
The ICJ said both parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
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THE HAGUE, 3 October 2018. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today delivered its Order on the Request for the indication of provisional measures submitted by Iran 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). The Court begins by recalling that, on 16 July 2018, Iran instituted proceedings against the United States with regard to alleged violations of the Treaty of Amity, Economic Relations and Consular Rights concluded between the two States in 1955. The same day, Iran also submitted a Request for the indication of provisional measures, seeking to preserve its rights under the 1955 Treaty pending the Court’s final decision in the case.
The Court then sets out the factual background to the case. It notes in this regard that, on 8 May 2018, the President of the United States issued a National Security Presidential Memorandum announcing the end of the participation of the United States in the Joint Comprehensive Plan of Action (JCPOA) — an agreement on the nuclear programme of Iran reached on 14 July 2015 by Iran, the five permanent members of the United Nations Security Council, plus Germany and the European Union — and directing the reimposition on Iran of “sanctions lifted or waived in connection with the JCPOA”. In the Memorandum, the President observed, inter alia, that Iran had publicly declared that it would deny the International Atomic Energy Agency access to military sites, and that, in 2016, Iran had twice violated the JCPOA’s heavy-water stockpile limits. It was announced that “sanctions” would be reimposed in two steps. Upon expiry of a first wind-down period of 90 days, ending on 6 August 2018, the United States would reimpose a certain number of “sanctions” concerning, in particular, financial transactions, trade in metals, the importation of Iranian-origin carpets and foodstuffs, and the export of commercial passenger aircraft and related parts. Following a second wind-down period of 180 days, ending on 4 November 2018, the United States would reimpose additional “sanctions”.
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The International Court of Justice (ICJ) unanimously ruled today (03 Oct) that the United States “shall remove, by means of its choosing, any impediments” to the free exportation of humanitarian needs to Iran arising from its withdrawal from the nuclear deal.
Iran had filed a lawsuit late August claiming that the US was in violation the 1955 “Treaty of Amity, Economic Relations, and Consular Rights” between the two countries over sanctions it imposed against Iran. The US imposed the sanctions after withdrawing from the Joint Comprehensive Plan of Action (JCPOA) signed in 2015 between Iran, the US, the United Kingdom, France, Russia, China, and Germany.
The Court found that some of the measures complained by Iran could relate to the essential security interests of the US and as such might affect at least some of the rights invoked by Iran under the 1955 Treaty. However, these did not include measures relating to the importation and purchase of goods required for humanitarian needs and the safety of civil aviation.
The Court ruled that the US “shall remove, by means of its choosing, any impediments arising from the measures announced on 8 May 2018 to the free exportation to the territory of the Islamic Republic of Iran of: medicines and medical devices; foodstuffs and agricultural commodities; and spare parts, equipment and associated services (including warranty, maintenance, repair services and inspections) necessary for the safety of civil aviation.” It added that the US shall ensure that licences and necessary authorizations are granted, and that payments and other transfers of funds are not subject to any restriction in so far as they relate to these goods and services.
The ICJ said both parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
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THE HAGUE, 3 October 2018. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today delivered its Order on the Request for the indication of provisional measures submitted by Iran 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). The Court begins by recalling that, on 16 July 2018, Iran instituted proceedings against the United States with regard to alleged violations of the Treaty of Amity, Economic Relations and Consular Rights concluded between the two States in 1955. The same day, Iran also submitted a Request for the indication of provisional measures, seeking to preserve its rights under the 1955 Treaty pending the Court’s final decision in the case.
The Court then sets out the factual background to the case. It notes in this regard that, on 8 May 2018, the President of the United States issued a National Security Presidential Memorandum announcing the end of the participation of the United States in the Joint Comprehensive Plan of Action (JCPOA) — an agreement on the nuclear programme of Iran reached on 14 July 2015 by Iran, the five permanent members of the United Nations Security Council, plus Germany and the European Union — and directing the reimposition on Iran of “sanctions lifted or waived in connection with the JCPOA”. In the Memorandum, the President observed, inter alia, that Iran had publicly declared that it would deny the International Atomic Energy Agency access to military sites, and that, in 2016, Iran had twice violated the JCPOA’s heavy-water stockpile limits. It was announced that “sanctions” would be reimposed in two steps. Upon expiry of a first wind-down period of 90 days, ending on 6 August 2018, the United States would reimpose a certain number of “sanctions” concerning, in particular, financial transactions, trade in metals, the importation of Iranian-origin carpets and foodstuffs, and the export of commercial passenger aircraft and related parts. Following a second wind-down period of 180 days, ending on 4 November 2018, the United States would reimpose additional “sanctions”.
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