Certain Iranian Assets
Certain Iranian Assets | |
---|---|
Court | International Court of Justice |
Full case name | Certain Iranian Assets (Islamic Republic of Iran v. United States of America) |
Certain Iranian Assets (Islamic Republic of Iran v. United States of America) is the formal name of a
On 13 February 2019, the ICJ accepted jurisdiction over the case, rejecting most of the preliminary objections made by the United States but accepting one described by a commentator as "key," agreeing with the U.S. argument that it lacked "jurisdiction to hear claims based on the international law of state immunity."[4] Specifically, out of three United States jurisdictional objections, the ICJ dismissed one, upheld another and postponed another to the merits phase.[5]
The United States filed its Counter-Memorial on 14 October 2019, Iran filed a Reply brief on 17 August 2020, and the United States filed a Rejoinder on 17 May 2021. Oral argument was held 19-23 September 2022, after which the Court began its deliberation.[6] On 30 March 2023, the Court issued its Judgment on the merits.[7] Both Iranian and American officials have declared the Judgement a victory.[8][9] The Court held that, in the instant case, it could not hold the United States liable as a violation of the Treaty of Amity, as it had been denounced on October 3rd, 2018, and therefore Iran could not stop the United States' distribution of funds.[10] However, it did claim that Iran is entitled to compensation, and left the Parties to agree on the amount within 24 months of the judgement.[11]
Sitting judges
Name | Nationality | Position | Opinions | ||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | |||
Abdulqawi Yusuf | Somalia | President | Unanimous |
Majority | Majority | Unanimous |
Unanimous
|
Xue Hanqin | China | Vice President | Majority | Majority | |||
Peter Tomka | Slovakia | Judge | Majority | Dissent | |||
Ronny Abraham | France | Judge | Majority | Majority | |||
Mohamed Bennouna | Morocco | Judge | Majority | Majority | |||
Antônio Augusto Cançado Trindade | Brazil | Judge | Majority | Majority | |||
Giorgio Gaja | Italy | Judge | Majority | Dissent | |||
Dalveer Bhandari | India | Judge | Dissent | Majority | |||
Patrick Lipton Robinson | Jamaica | Judge | Dissent | Majority | |||
James Crawford | Australia | Judge | Majority | Dissent | |||
Kirill Gevorgian | Russia | Judge | Dissent | Majority | |||
Nawaf Salam | Lebanon | Judge | Majority | Majority | |||
Yuji Iwasawa | Japan | Judge | Majority | Majority | |||
Jamshid Momtaz | Iran | ad hoc Judge | Dissent | Majority | |||
Charles N. Brower | United States | ad hoc Judge | Majority | Dissent | |||
Philippe Couvreur | Belgium | Registrar | — | ||||
a Appointed by Iranian government acting under Article 31§2 of the ICJ Statute. b Appointed by American government acting under Articles 31 and 37§1 of the ICJ Statute. Source: ICJ |
See also
References
- SSRN 2993225
- ISSN 0002-9300.
- ^ "Certain Iranian Assets (Islamic Republic of Iran v. United States of America)". United States Department of State. Retrieved July 16, 2021.
- ^ Chachko, Elena (February 14, 2019), "Certain Iranian Assets: The International Court of Justice Splits the Difference Between the United States and Iran", Lawfare Institute, retrieved May 11, 2020
- ^ Freehills, Herbert Smith (February 27, 2019), "International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity", Lexology, retrieved May 11, 2020
- ^ "Latest developments: Certain Iranian Assets". International Court of Justice. Retrieved January 28, 2023.
- ^ "The Court delivers its Judgment on the merits of the case (press release)" (PDF). International Court of Justice. Retrieved February 2, 2024.
- ^ Patel, Vedant (March 30, 2023). "Judgment in Certain Iranian Assets Case".
- ^ "Iranian Foreign Ministry's statement about the ruling of the International Court of Justice". March 30, 2024.
- ^ Certain Iranian Assets (Islamic Republic of Iran v. United States of America). March 30, 2023. p. 63.
- ^ Certain Iranian Assets (Islamic Republic of Iran v. United States of America), Judgement. March 30, 2023. p. 63.