Can Iran constitute proceedings against USA before the ICJ?

[u/OshaniAk2005]

I got an assignment. I was supposed to figure our an incident and i selected the incident of US torpedoed Iran IRIS dena. But now i have question because US is not on any treaties, does not accept compulsory jurisdiction or any other possible jurisdictional basis under ARTICLE 36 of the ICJ STATUTE. Can you guys explain it to me briefly what and how i should argue for the question of " Can Iran constitute proceedings against USA before the ICJ?"

Any help is much appreciated.

[u/Sisyphuss5MinBreak]

The ICJ only has (personal) jurisdiction over States that have given their consent. The US has rarely given such consent, but it did in the 1955 Treaty of Amity, Economic Relations, and Consular Rights between Iran and the US. Iran has used that treaty multiple times for the Court to have jurisdiction over the US.

[u/Dave_A480 → u/Sisyphuss5MinBreak]

That treaty is no longer in force, due to the 1979 Islamic Revolution.

[u/Sisyphuss5MinBreak → u/Dave_A480]

Change of domestic governments doesn't change international legal obligations.

Did the ICJ state that the treaty is no longer in force when Iran brought its cases? I don't believe so, but I've never verified.

[u/Calvinball90 → u/Sisyphuss5MinBreak]

The Iranian Revolution did not affect the treaty, but the US terminated it in 2018 after losing a case at the ICJ. The termination took effect in 2019.

[u/Sisyphuss5MinBreak → u/Calvinball90]

Thanks for the update!

[u/jadsf5]

USA only engages in and recognises specific cases from the ICJ, Iran could attempt to do this but the USA will ignore it and won't accept the results.

[u/avs_dps → u/jadsf5]

Seconded. Also see Nicaragua v. USA. Case went exactly as jadsf5 just mentioned.

[u/-Sliced- → u/jadsf5]

Also, if Iran shows that it recognizes that ICJ, it could invite many of its neighbors to bring cases against it.

[u/grimduck17 → u/-Sliced-]

Iran has lodged complaints against the US with the ICJ before.

https://www.icj-cij.org/case/90

[u/Calvinball90 → u/-Sliced-]

That is not how ICJ jurisdiction works. ICJ jurisdiction is determined separately in each case. States can and do accept the Court's jurisdiction in relation to one case but not another. While they may accept the Court's compulsory jurisdiction in all cases, Iran has done so only for a very narrow category of dispute.

Furthermore, jurisdiction must be reciprocal. If Iran accepted the ICJ's compulsory jurisdiction with no reservations (which it has not done), only States that have also accepted the Court's compulsory jurisdiction could bring a case against Iran (subject to any of that State's reservations to jurisdiction, which Iran would be entitled to invoke). The only State near Iran that has accepted the ICJ's compulsory jurisdiction is Pakistan, and Pakistan's acceptance of jurisdiction has numerous broad reservations that Iran could invoke against it.

It is also incorrect to imply that Iran is unwilling to go before the ICJ. Iran has been a party to many contentious cases, including cases involving the US, and it is a party to three ongoing cases before the Court, plus one that is in the reparations phase. It is the respondent in one case and the applicant in three cases.

Please do not spread misinformation.

[u/internationallaw-ModTeam → u/[deleted]]

We require that each post and comment, to at least some degree, promotes critical discussion, mutual learning or sharing of relevant information. Posts that do not engage with the law or promote discussion will be removed.

[u/ComprehensiveFill471]

Start the assignment briefly touching on how ICJ came into being and its relevance at the time of conception and its role in current world order. Review what options Iran has against USA (ICC, ECHR, other multilateral treaties they might be a part of) and why ICJ is one of the prominent ones available. This will set the tone for what you are about to comment on next.

Elaborate on how Iran can raise cases (isolated disputes) against USA in ICJ on international law grounds and comment on how it would affect USA/their response would be. This bit has been addressed by other replies in this post. The major issues would be lack of US response and the lack of available avenues for strict enforcement of ICJ rulings.

[u/internationallaw-ModTeam → u/[deleted]]

We require that each post and comment, to at least some degree, promotes critical discussion, mutual learning or sharing of relevant information. Posts that do not engage with the law or promote discussion will be removed.