The Hague On the Roll - ICJ Ruling | 7 comments (7 topical, 0 editorial, 0 hidden)

ICJ Ruling US Hostages in Iran - 1980 (none / 1)

CASE CONCERNING UNITED STATES DIPLOMATIC AND CONSUEAR STAFF IN TEHRAN
(UNITED STATES OF AMERICA v. IRAN)
The case was brought before the Court by Application by the United States following the occupation of its Embassy in Tehran by Iranian militants on 4 November 1979, and the capture and holding as hostages of its diplomatic and consular staff. On a request by the United States for the indication of provisional measures, the Court held that there was no more fundamental prerequisite for relations between States than the inviolability of diplomatic envoys and embassies, and it indicated provisional measures for ensuring the immediate restoration to the United States of the Embassy premises and the release of the hostages. In its decision on the merits of the case, at a time when the situation complained of still persisted, the Court, in its Judgment of 24 May 1980, found that Iran had violated and was still violating obligations owed by it to the United States under conventions in force between the two countries and rules of general international law, that the violation of these obligations engaged its responsibility, and that the Iranian Government was bound to secure the immediate release of the hostages, to restore the Embassy premises, and to make reparation for the injury caused to the United States Government. The Court reaffirmed the cardinal importance of the principles of international law governing diplomatic and consular relations. It pointed out that while, during the events of 4 November 1979, the conduct of militants could not be directly attributed to the Iranian State -- for lack of sufficient information -- that State had however done nothing to prevent the attack, stop it before it reached its completion or oblige the militants to withdraw from the premises and release the hostages. The Court noted that, after 4 November 1979, certain organs of the Iranian State had endorsed the acts complained of and decided to perpetuate them, so that those acts were transformed into acts of the Iranian State.

Global Warming - distance between America and Europe is steadily increasing.

by Oui on Wed Oct 3rd, 2018 at 11:26:28 PM EST

Algiers Accords and Iran-US Claims Tribunal (4.00 / 2)

ARGO and the Follow-Up: Iran and the United States | Peace Palace Library |
The Algiers Accords
The Algiers Accords stated that 'it is now and will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran's internal affairs'. The two main principles stipulate that the Unites States "will restore the financial position of Iran, in so far as possible, to that which existed prior to November 14, 1979" and to ensure the mobility and free transfer of all Iranian assets within the United States' jurisdiction. It further stipulates that both Iran and the United States would terminate all litigation between "the government of each party and the nationals of the other," and would settle such claims "through binding arbitration". This established the Iran-United States Claims Tribunal, seated in the Hague. In return the Iranians released the 52 Americans they held hostage.
The Iran-US Claims Tribunal
The Iran-US Claims Tribunal (IUSCT) is the largest bilateral international claims adjudication program ever, it is unique in being a program between a Western country and a non-Western country. The Tribunal has finalized over 3,900 cases. The total amount of the awards to American claimants exceeds 2,5 billion $ and around 1 billion $ to the Iranian government. It is still working on some of the most complicated cases; disputes relating to contracts for sales and services of military equipment produced by US companies for Iran before 1979.
Meanwhile in the United States the former hostages have been trying to collect damages from Iran. They won a civil case by default, but then a judge ruled in 2002 that they could not collect damages, and this year the Supreme Court turned down their last appeal. The State Department has argued that damages are forbidden under the Algiers Accords, and that if the courts interfered, it would become more difficult for the executive branch to conduct foreign policy. The hostages have now asked the US Congress to change the law. Their request comes at a time of new appreciation for the hazards of the Foreign Service, as demonstrated by the September attack on the American consulate in Benghazi, Libya.

○ US-Iran Relations and the 1981 Algiers Accords: Decades of Violations - and Silence

Global Warming - distance between America and Europe is steadily increasing.

by Oui on Wed Oct 3rd, 2018 at 11:38:29 PM EST
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Re: Algiers Accords and Iran-US Claims Tribunal (none / 0)

"Our National Interest"

○ Understanding the Iran-Contra Affair
○ President Reagan: "Those charges are utterly false." [Video]
○ Timeline of Nuclear Diplomacy With Iran

Global Warming - distance between America and Europe is steadily increasing.