International Law Review

International Law Review

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

Document Type : academic

Authors
Zohreh Shafiei 1
S. ghasem Zamani 2
1 International law PhD. candidate, 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
Violations of the Treaty of Amity, Economic Relations and Consular Rights (1955) by the United States of America has a history almost as old as the life of the Islamic Republic of Iran. 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.
Keywords
International Responsibility of States for Internationally Wrongful Acts
the Treaty of Amity (1955)
Judgment of March 30
2023
the Islamic Republic of Iran
the United States of America
the International Court of Justice
Certain Iranian Assets (Islamic Republic of Iran v. United States of America)

Subjects

  1. - Books

    1. Annette Culley (2017), State Responsibility in International Law, West Papua Women’s Office Federal Republic of West Papua.
    2. Simon Olleson, The Impact of the ILC’s Articles on Responsibilities of States for International Wrongful Acts, The British Institute of International and Comparative Law.

     

    - Cases

    1. Corfu Channel, Merits, I.C.J. Reports 1949.
    2. Certain Iranian Assets (Islamic Republic Iran v. United Stated of America), Preliminary Objections, Judgment, I.C.J. Reports 2019 (I).
    3. Holmann v. Johnson [1775], 98 Engl. Rep. 1120 (1. Cowp. 341).
    4. Oil Platforms (Islamic Republic of Iran v. United States of America), Preliminary Objections, Judgment, I.C.J. Reports 1996 (II).
    5. Elettronica Sicula S.P.A (ELSI) I.C.J Reports 1989.
    6. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Order of the Court on provisional measures, 13 September 1993, Separate opinion of judge Lauterpacht, para. 14.
    7. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, I.C.J. Reports 1999.
    8. Certain German Settler in Poland, 1923, P.C.I.J Series B, No. 6.
    9. Certain phosphate lands in Nauru (Nauru v. Australia), Preliminary Objections, I.C.J Reports 1992.
    10. Phosphates in Morocco, Preliminary Objections, 1938, P.C.I.J, Series A/B, No. 74
    11. Rainbow Warrior case (Award of 30 April 1990, RIAA, Vol. XX.
    12. Certain Iranian Assets (Islamic Republic of Iran v. United States of America), Application instituting proceedings, 14 June 2016.
    13. S. “Wimbledon”, 1923, P.C.I.J., Series A, No. 1.
    14. Factory at Chorzów, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9.
    15. Factory at Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17.

     

    - Documents

    1. The commentary on chapter V of part one of the ILC Articles on State Responsibility, Yearbook of the international law commission, 2001, Vol II, part two.
    2. A. Res 375 (IV) of 6 December 1949; Also See Yearbook 1949, pp. 105-106, 150, 171; 175th-183rd meetings, 27 October- 3 Session, Sixth committee, 168th-173rd, 18-25 October 1949.

     

    - Site

    1. Basis of the Court’s jurisdiction, Available at: https://www.icj-cij.org/basis-of-jurisdiction (Last visited: 16 July 2023).

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