The Netherlands-based court said sanction on goods "required for humanitarian needs... may have a serious detrimental impact on the health and lives of individuals on the territory of Iran."

US sanctions on spare parts for aircrafts were also ordered to be lifted because of the "potential to endanger civil aviation safety in Iran and the lives of its users."

Decisions made by the ICJ are binding and cannot be appealed, but the court has no means of enforcing its rulings. The ruling is preliminary as hearing the full case is a process that could take years

Alleged violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America)

...
Thus,  on 6 August 2018, the  President  of  the  United States  issued  Executive  Order 13846 "Reimposing Certain Sanctions" on Iran and Iranian nationals. In particular,  Section 1  concerns "Blocking Sanctions Relating to Support for the Government of Iran's Purchase or Acquisition of U.S. Bank Notes or Precious Metals; Certain Iranian Persons; and Iran's Energy, Shipping, and Shipbuilding Sectors and Port Operators".  Section 2 concerns "Correspondent and Payable -Through  Account  Sanctions  Relating  to  Iran's  Automotive  Sector;  Certain  Iranian Persons;  and  Trade  in  Iranian  Petroleum,  Petroleum  Products;  and  Petrochemical  Products".  Sections 3, 4 and 5 provide for the modalities of "`Menu-based'  Sanctions  Relating  to  Iran's Automotive  Sector  and  Trade  in  Iranian  Petroleum,  Petroleum  Products,  and Petrochemical Products".  Section 6  concerns  "Sanctions  Relating  to  the  Iranian Rial".  Section 7 relates to "Sanctions with Respect to the Diversion of Goods Intended for the People of Iran, the Transfer of Goods or Technologies to Iran that are Likely to be Used to Commit Human Rights Abuses, and Censorship".  Section 8 relates to "Entities Owned or Controlled by a United States  Person  and Established  or  Maintained  Outside  the  United States".  Earlie  Executive Orders implementing United States commitments under the JCPOA are revoked in Section 9. Section 2 (e) of Executive Order13846  provides that  certain subsections of Section 3 shall not apply with respect to any person for conducting or facilitating a transaction for the  provision (including any sale) of agricultural commodities, food, medicine or medical devices to Iran.

2. The issue of satisfactory adjustment by diplomacy under Article XXI, paragraph 2, of the Treaty of Amity (paras. 45-51)

The Court recalls that, under the terms of Article XXI, paragraph 2, of the 1955 Treaty, the dispute submitted  to it must not have  been "satisfactorily adjusted by diplomacy". The  Court concludes from the wording of this provision that there is no need for it to examine whether formal negotiations  have  been  engaged  in  or  whether  the  lack  of  diplomatic  adjustment  is  due  to  the conduct of one party or the other. It is sufficient for the Court to satisfy itself that the dispute was not satisfactorily adjusted by diplomacy before being submitted to it.

In the  present case, the communications  sent by the Government of Iran  to the Embassy of Switzerland  (Foreign  Interests  Section)  in  Tehran  on 11  and  19 June  2018  did  not  prompt  any response from the United States, and there is no evidence in the case file of any direct exchange on this  matter  between  the  Parties.  As  a  consequence,  the  Court  notes that  the  dispute  had  not  been satisfactorily  adjusted  by  diplomacy,  within  the  meaning  of  Article XXI,  paragraph
2,  of  the 1955 Treaty, prior to the filing of the Application on 16 July 2018.

...
VI. OPERATIVE CLAUSE (PARA. 102)

THE COURT,

Indicates the following provisional measures:

(1) Unanimously,

The  United States  of  America, in  accordance  with  its  obligations  under  the  1955 Treaty  of Amity,  Economic  Relations,  and  Consular  Rights, 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

(i) medicines and medical devices;
(ii) foodstuffs and agricultural commodities; and
(iii) spare  parts,  equipment  and  associated  services  (including  warranty,  maintenance,  repair
services and inspections) necessary for the safety of civil aviation;

(2) Unanimously,

The  United States  of  America  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 the goods and services referred to in point (1);

○ Press Release International Court Of Justice in The Hague - Oct. 3, 2018

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