UNIVERSITI UTARA MALAYSIA

COLLAGE OF LAW GOVERNMENT AND

INTERNATIONAL STUDIES

GFLA3123INTERNATIONAL

LAW

U.S. Diplomatic and Consular Staff in

Tehran Case(US Vs. TEHRAN)

INTRODUCTION

The purpose of diplomatic immunity:

Ensure effective performance by diplomatic agent and it will protect the diplomatic agent’s person and dignity

Vienna Convention On Diplomatic Relations (VCDR) - 1961

The Vienna Convention on Consular Relations (VCCR) - 1963

U.S. Diplomatic and Consular Staff in Tehran Case

(US Vs. TEHRAN)

SYNOPSIS OF CASEHostage : US citizens, diplomatic

& Consular staff444 days : 4 November 1979

until 20 January 1981Algiers Accord : 19 January 1981

Was brought to ICJ : dissatisfaction on the under protection of the embassy staffs

BACKGROUND OF CASEShah Reza : 1941“White Revolution”Personalized development50,000 Americans stayed & worked in

Iran

1953: Operation of AjexThe coup: Mohammad Mossadeq

(1953)Shah Reza return to Iran from exileSavak (Iran Secret Service)

Parties Involved

US Embassy seized by Iranian militants & Tehran University students.

Seized diplomats, consuls, marine personnel.

US request for provisional measures to preserve the rights of US government.

US SIDE : Request Government of Iran should immediately

release all hostages of US nationals and facilitate prompt and safe departure from these person and all other US officers with dignity and humane.

Government of Iran should clear all the premises of US embassy and restore the control of embassy.

Government of Iran must ensure the protection of diplomats, consuls and other US personnel are provided and full freedom for them to carry out their functions within Iran.

Cont..Government of Iran cannot place

a trial to any person that attached with US embassy and refrain from such trial that be implementing towards US personnel.

Government of Iran must also ensure no action taken by them in respect to US rights based on Court decision which might threaten lives of the hostages.

IRAN SIDE:

HUMAN RIGHTS

The militants and Iran authorities have asserted that the hostages have been well treated.

In additions, they allowed special visits from religious and International Red Cross representatives for the hostages.

COURT PROCEEDINGThe government of Iran filed no pleadings

and was not represented in the oral proceedings.

However, the position that had been taken by the Iranian government was firm and defined in a letter to the Court by its Minister of Foreign Affairs.

The letter urging the Court no to take notice of the case and attempted to excuse the events as only:

“a marginal and secondary aspect of an overall problem [involving] more than 25 years of continual interferences by US in internal affairs of Iran, the shameless exploitation of our country…contrary to and in conflict with all international and humanitarian norms”

VIOLATED INTERNATIONAL TREATIES

The Vienna Convention on Diplomatic Relations (1961),

The Vienna Convention on Consular Relations (1963)

The Treaty of Amity, Economic Relations and Consular Rights of 1955 between US and Iran

SUBJECT MATTER OF THE CASE

VIOLATIONViolation of the mission

VCDR 1961 – Article 22“The receiving State is under a

special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.”

VIOLATIONViolation of the mission

VCDR 1961 –ARTICLE27“Permit and protect free

communication on the part of the mission for all official purposes.”

VIOLATIONviolation of diplomatic agents

VCDR 1961 –ARTICLE 29“The person of a diplomatic agent

shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and take all appropriate steps to prevent any attack on his person, freedom and dignity.”

VIOLATIONVienna Convention of 1961

and 1963 without mention also another facts of:

Treaty of Amity, Economic Relations and Consular Rights of 1955

Between US and Iran

COURT DECISIONS

COURT DECISIONOn 24 May 1980, the International

Court of Justice was conducted to justify the dispute settlement for both sides:

By thirteen votes to twoGovernment of Iran has violated in

several aspects of its international obligations

& the violation of the general rules of international law.

COURT DECISION

By thirteen votes to two

The Court of Justice decided that violation of these obligations engage the responsibility of Iranian government towards US under international law.

COURT DECISIONUnanimously

The ICJ decided that Iranian government must immediately take all steps to redress the situation that had been caused by them in the event of 4 November 1979, to the end:Must immediately the unlawful detention of US Chargé d'affaires, diplomatic and consular staff with US nationals that have been the hostages and must immediately release and entrust them to the protecting Power (Article 45 of VCDR 1961).Must ensure the release of US personnel are safe which Iranian authorities will provide any necessary means of transportation for them to leave Iran.Must immediately hand over the control of US embassy and its Consulate in Iran including the premises, property, documents and archives.

COURT DECISION

Unanimously

The Court of Justice decided that there will be no US diplomatic and consular staff subjected to judicial proceedings or to involve them in as witnesses.

COURT DECISION

By thirteen to three

The ICJ had decided that Government of Iran is under obligation to make reparation to US government for the injury from the seizure of US embassy in Tehran.

COURT DECISION

By fourteen vote to one

The Court of Justice had decide that amount of reparation will be settled by the either parties or court itself.

CONCLUSION

The ICJ decided that Iran must release the hostages, return the possession of US embassy and its related documents.

Iran must make reparations to the US, the form and amount thereof settled by the parties or the Court. Iran did not comply with Court’s judgment immediately however the matter solved through negotiation between US and Iran in Algiers Accord.

Cont..US President Carter had frozen the

asset of Iranian government in US which estimate more than $13 billion. Hence, US-Iran Claims Tribunal was established to set fund from portion of Iran frozen assets to settle claim of reparations.

There three separate bank used was also be set up, two in Bank of England and the other one is in Central Bank of Netherlands. Therefore, the US diplomatic and consular staff in Tehran case resolved.

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