(Islamic Republic of Iran v. United States of America) ICJ

[Steve kelly]

 

International Court of Justice 

(Islamic Republic of Iran v. United States of America)

 

Basis of the Application 

The Applicant explains that the United States, having for many years taken “the position that Iran may be designated a State sponsoring terrorism (a designation which Iran strongly contests)”, has adopted a number of legislative and executive acts 1 that have the practical effect of subjecting the assets and interests of Iran and Iranian entities, including those of the Central Bank of Iran (also known as “Bank Markazi”), to enforcement proceedings in the United States, even where such assets or interests “are found to be held by separate juridical entities . . . that are not party to the judgment on liability in respect of which enforcement is sought” and/or “are held by Iran or Iranian entities . . . and benefit from immunities from enforcement proceedings as a matter of international law, and as required by the [1955] Treaty”. Iran further argues that, as a consequence of these acts, “a wide series of claims have been determined, or are underway, against Iran and Iranian entities” and that United States courts “have repeatedly dismissed attempts by Bank Markazi to rely on the immunities to which such property is entitled” under United States law and the 1955 Treaty. It further maintains that “the assets of Iranian financial institutions and other Iranian companies have already been seized, or are in the process of being seized and transferred, or at risk of being seized and transferred, in a number of proceedings” and explains that, as of the date of its Application, United States courts “ha[ve] awarded total damages of over US$ 56 billion . . . against Iran in respect of its alleged involvement in various terrorist acts mainly outside the USA”.

 

\http://www.icj-cij.org/docket/files/164/19060.pdf

Edited December 13, 2016 by Steve kelly

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