Certain Iranian Assets
Certain Iranian Assets (Islamic Republic of Iran v. United States of America) is the formal name of a case in the International Court of Justice (ICJ). The application was lodged by Iran against the United States on 14 June 2016, on grounds of violation of Treaty of Amity, Economic Relations and Consular Rights, shortly after Bank Markazi v. Peterson was decided by the United States Supreme Court.[1]
Certain Iranian Assets | |
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Court | International Court of Justice |
Full case name | Certain Iranian Assets (Islamic Republic of Iran v. United States of America) |
The ICJ rejected most of preliminary objections made by the United States and accepted jurisdiction over the case.[2] On 13 February 2019, out of three United States jurisdictional objections, the ICJ dismissed one, upheld another and postponed another to the merits phase.[3]
Sitting judges
Name | Nationality | Position | Opinions | ||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | |||
Abdulqawi Yusuf | ![]() | President | Majority | Majority | |||
Xue Hanqin | ![]() | Vice President | Majority | Majority | |||
Peter Tomka | ![]() | Judge | Majority | Dissent | |||
Ronny Abraham | ![]() | Judge | Majority | Majority | |||
Mohamed Bennouna | ![]() | Judge | Majority | Majority | |||
Antônio Augusto Cançado Trindade | ![]() | Judge | Majority | Majority | |||
Giorgio Gaja | ![]() | Judge | Majority | Dissent | |||
Dalveer Bhandari | ![]() | Judge | Dissent | Majority | |||
Patrick Lipton Robinson | ![]() | Judge | Dissent | Majority | |||
James Crawford | ![]() | Judge | Majority | Dissent | |||
Kirill Gevorgian | ![]() | Judge | Dissent | Majority | |||
Nawaf Salam | ![]() | Judge | Majority | Majority | |||
Yuji Iwasawa | ![]() | Judge | Majority | Majority | |||
Jamshid Momtaz | ![]() | ad hoc Judge | Dissent | Majority | |||
Charles N. Brower | ![]() | ad hoc Judge | Majority | Dissent | |||
Philippe Couvreur | ![]() | Registrar | N/A | ||||
a Appointed by Iranian government acting under Article 31§2 of the ICJ Statute. b Appointed by American government acting under Articles 31 and 37§1 of the ICJ Statute. Source: ICJ |
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References
- Janig, Philipp; Mansour Fallah, Sara (2016), "Certain Iranian Assets: The Limits of Anti-Terrorism Measures in Light of State Immunity and Standards of Treatment", German Yearbook of International Law, 59, SSRN 2993225
- Chachko, Elena (14 February 2019), "Certain Iranian Assets: The International Court of Justice Splits the Difference Between the United States and Iran", Lawfare Institute, retrieved 11 May 2020
- Freehills, Herbert Smith (27 February 2019), "International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity", Lexology, retrieved 11 May 2020
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