The international responsibility of the United States of America for the violations of the Treaty of Amity in the framework of the judgment of March 30, 2023, of the International Court of Justice

Articles in Press

Document Type : academic

Authors

1 International law Ph.D. candidate of Faculty of Law and Political Science Allameh Tabataba'i University

2 Public and international law department, Faculty of Law and Political Science,, Allameh Tabataba’i University

10.22066/cilamag.2024.2022816.2515

Abstract

It is said that violating any international obligation causes the international responsibility of the violating state. Still, it is the affected state that demands the determination of the violations and compensation for the damages caused by the violations from the judicial bodies.
In the judgment of March 30, 2023, in the case of certain Iranian assets, the International Court of Justice confirmed the violations of Articles 3, 4, and 10 of the Treaty of Amity by the US, and determined the international responsibility of the US against Iran. , ICJ by not paying attention to the preliminary objections, showed that it does not allow the violating state to mock its obligations with the trick of unilateralism. ICJ's emphasis on the commitment of the US to pay compensation to specify the principle of the rule of law, and to grant a deadline of 24 months to Iran and the US to agree on the amount and method of paying compensation, respecting the agreement of the states.
Regardless of the constitutive aspect of the verdict regarding the payment of compensation, the declaration of the international responsibility of the US in terms of violating various articles of the Treaty has a declarative aspect.

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International Law Review

Articles in Press, Accepted Manuscript
Available Online from 16 March 2024

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History

  • Receive Date: 12 February 2024
  • Revise Date: 17 February 2024
  • Accept Date: 16 March 2024

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