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Published online by Cambridge University Press: 07 March 2019
On October 3, 2018, the International Court of Justice (ICJ) issued a unanimous order indicating limited provisional measures against the United States. Iran initiated the case, Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. United States), after the United States announced its decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA) and revoke related sanctions relief for Iran. While the ICJ found that it had prima facie jurisdiction to hear the case—contrary to the U.S. position—the provisional measures it granted fell significantly short of the relief Iran sought. The Court also hinted that it might accept a significant element of the U.S. jurisdictional objection at the merits stage of the case.
1 Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. U.S.), Order (Oct. 3, 2018), https://www.icj-cij.org/files/case-related/175/175-20181003-ORD-01-00-EN.pdf [hereinafter Order]. For further analysis of the case, see Elena Chachko, Treaties and Irrelevance: Understanding Iran's Suit Against the U.S. for Reimposing Nuclear Sanctions, Lawfare (July 26, 2018), https://www.lawfareblog.com/treaties-and-irrelevance-understanding-irans-suit-against-us-reimposing-nuclear-sanctions; Elena Chachko, What to Make of the ICJ's Provisional Measures in Iran v. U.S. (Nuclear Sanctions Case), Lawfare (Oct. 4, 2018), https://www.lawfareblog.com/what-make-icjs-provisional-measures-iran-v-us-nuclear-sanctions-case; Lawrence Hill-Cawthorne, The ICJ's Provisional Measures Order in Alleged Violations of the 1955 Treaty (Iran v United States), EJIL: Talk! (Oct. 3, 2018), https://perma.cc/8TSZ-B8Z7.
2 Remarks by President Trump on the Joint Comprehensive Plan of Action, The White House (May 8, 2018), https://www.whitehouse.gov/briefings-statements/remarks-president-trump-joint-comprehensive-plan-action/.
3 The full text of the JCPOA was annexed to S.C. Res. 2231 (July 20, 2015).
4 Treaty of Amity, Economic Relations, and Consular Rights Between the United States of America and Iran, Aug. 15, 1955, 8 UST 899, TIAS 3853, 284 UNTS 93.
5 United States Diplomatic and Consular Staff in Tehran (U.S. v. Iran), Judgment, 1980 ICJ Rep. 3 (May 24).
6 Oil Platforms (Iran v. U.S.), Preliminary Objection, Judgment, 1996 ICJ Rep. 803 (Dec. 12).
7 See Elena Chachko, Iran Sues the U.S. in the ICJ—Preliminary Thoughts, Lawfare (June 18, 2016), https://www.lawfareblog.com/iran-sues-us-icj-–-preliminary-thoughts.
8 Order, supra note 1, ¶¶ 68–70.
9 Id. ¶ 86.
10 Id. ¶ 92.
11 Id. ¶ 91.
12 Remarks by Michael R. Pompeo, Secretary of State, U.S. Dep't of State (Oct. 3, 2018), https://www.state.gov/secretary/remarks/2018/10/286417.htm.
13 Certain Iranian Assets (Iran v. U.S.), Preliminary Objections Submitted by the United States of America (May 1, 2017), https://www.icj-cij.org/files/case-related/164/164-20170501-WRI-01-00-EN.pdf.
14 Certain Iranian Assets (Iran v. U.S.), Judgment (Feb. 13, 2019), https://www.icj-cij.org/files/case-related/164/164-20190213-JUD-01-00-EN.pdf.
