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VASUNDHARA SINGH GAUTAM
16IP63018
PUBLIC INTERNATIONAL LAW
MOHAMMAD MOSADDEGH
 Head of a democratically elected
government Prime Minister of Iran
from 1951 until 1953
 Why famous?
 Introduced a range of progressive social
and political reforms.
 He nationalized Iranian oil industry,
which had been under British control
since 1913.
 He was overthrown in a coup d'état
aided by the United States' Central
Intelligence Agency and the United
Kingdom's Secret Intelligence Service.
MOHAMMAD REZA PAHLAVI SHAH
 He was deposed in the 1953 Iranian
coup d'état, (first time the United States
had overthrown a foreign government
during the Cold War).
 He emerged as autocratic and
sultanistic ruler and Iran entered
controversial close relations with the
United States.
 While the Shah increasingly
modernized Iran and claimed to retain it
as a fully secular state, arbitrary arrests
and torture by his secret police,
the SAVAK, were used to crush all forms
of political opposition.
SAYYID RUHOLLAH MŪSAVI KHOMEINI :
IMAM AYATOLLAH KHOMEINI
 Virtual face of Shia Islam in Western
popular culture.
 a radical Muslim cleric, became an
active critic of the Shah's far-reaching
series of reforms known as the White
Revolution.
 Khomeini publicly denounced the
government, and was arrested and
imprisoned for 18 months.
 After his release in 1964, he refused to
apologize, and was eventually sent into
exile.
Man of the Year
in 1979 (TIME)
 1973 spike in oil prices, flooded the economy of Iran with foreign currency,
causing inflation.
 By 1974, the economy of Iran was experiencing double digit inflation but
corruption was rampant and caused large amounts of waste.
 By 1975 and 1976, an economic recession led to increased unemployment,
especially among millions of youth who had migrated to the cities of Iran looking
for construction jobs. late 1970s, many of these people opposed the Shah's
regime and began to organize and join the protests against it
 1979 Revolution, Islamic Revolution, began in January 1978 with the first
major demonstrations against the Shah.
 After a year of strikes and demonstrations paralyzing the country and its
economy, Mohammad Reza Pahlavi fled the country and Ruhollah Khomeini
returned from exile to Tehran in February 1979, forming a new government.
 After holding a referendum, Iran officially became an Islamic republic in April
1979. A second referendum in December 1979 approved a theocratic constitution
PRESIDENT JIMMY CARTER
(JANUARY 20, 1977 – JANUARY 20, 1981)
 39th President of USA
 2002 he was awarded
the Nobel Peace Prize
 The Tehran Crisis costed
him Presidency ,
was succeeded by
Ronald Reagan
STORY OF THE HOSTAGE CRISIS
 Shah suffering from cancer, seeked for assylum in USA for his treatment,
which he was granted.
 On 4 November 1979 there was an armed attack by Iranian students on the
United States Embassy in Tehran and they overtook it.
 The students, belonging to the Muslim Student Followers of the Imam's Line, did
this as an act of support to the Iranian Revolution with a demand of handing
over of SHAH so that trial could be done against him for his oppressions.
 Next day Embassy of Tabriz and Shiraz was also attacked.
 More than sixty American diplomats and citizens were held hostage for 444
days (until January 20, 1981). Some of the hostages were released earlier, but
52 hostages were held hostage until the end.
 Although Iran had promised protection to the U.S. Embassy, the guards
disappeared during the takeover and the government of Iran did not attempt to
stop it or rescue the hostages.
 The U.S. arranged to meet with Iranian authorities to discuss the release of
the hostages, but Ayatollah Khomeini forbid officials to meet them.
 The U.S. ceased relations with Iran, stopped U.S. exports, oil imports, and
Iranian assets were blocked.
 On April 24, 1980, Carter ordered Operation Eagle Claw to try free the
hostages. The mission failed, leaving eight American servicemen dead and
causing the destruction of two aircraft.
 July 27, 1980. In September 1980, the Iraqi military invaded Iran, beginning
the Iran–Iraq War.
 These events led the Iranian government to enter negotiations with the U.S.,
with Algeria acting as a mediator.
 January 20, 1981: The hostages were formally released into United States
custody the day after the signing of the Algiers Accords, just minutes after the
new American president, Ronald Reagan, was sworn into office.
US DIPLOMATIC AND COUNSELLAR STAFF IN TEHRAN, ICJ
1979
(UNITED STATES V IRAN [1980] ICJ 1)
PROCEDURAL ASPECT:
 On 29 November 1979: the Legal Adviser of the Department of State of the United States of
America handed application to the Registrar.
 Pursuant to Article 40, paragraph 2, of the Statute and Article 38, paragraph 4, of the Rules of
Court, the Application was at once communicated to the Government of Iran.
 Same day: Government of US filed request for provisional measures in Registry of Court,
under Article 41 of Statute and Article 73 of Rules of Court.
 15th December 1979: by order ; Court declared provisional measures
 Memorial of USA was filed within time limit but no counter memorial was filed nor any agent
was appointed by Iran.
 19th Feb 1980: 1st hearing was held; 18th, 19th and 20th March: Public Hearing <GOVT. OF IRAN
WAS NOT PRESENT>
 25th March 1980: to give opportunity of making its views, Court according to
Article 53 para 2, made pleadings and documents accessible to public.
 Written submission was filed by Govt. of US in accordance to Article 60
para 2 of the Rules of the Court.
 Copy was sent to Govt. of Iran but no pleading was submitted by Iran.
 Only 2 communications was received via Letter and Telex claiming
inadmissibility of the matter claiming the act as,
"deep rootedness and the essential character of the Islamic Revolution
of Iran, a revolution of a whole oppressed nation against its oppressors and
their masters".
"only represents a marginal and secondary aspect of an overall problem,
one such that it cannot be studied separately, and which involves, inter alia,
more than 25 years of continual interference by the United States in the
internal affairs of Iran and in conflict with al1 international and humanitarian
norms.”
 Court started the proceeding in accordance with Article 53 of the statute.
ISSUES ADDRESSED:
 ISSUE 1: Operation Eagle Claw?
"pursuant to Article 51 of the Charter of the United Nations“, "in exercise of its inherent
right of self-defence with the aim of extricating American nationals from Iran”
 ISSUE 2: Claim of Iran for inadmissibility of case?
The Court pointed out as,
"a dispute which concerns diplomatic and consular premises and the detention of
internationally protected persons, and involves the interpretation or application of
multilateral conventions codifying the international law governing diplomatic and consular
relations, is one which by its very nature falls within international jurisdiction“
 It also made clear that the seizure of the United States Embassy and Consulates and
the detention of internationally protected persons as hostages cannot be considered
as something "secondary" or "marginal“
 ISSUE 3: How both countries were bound by International Laws?
 Both Iran and the United States were parties to the Vienna Conventions of
1961 and 1963.
 Article 1, provide:
"Disputes arising out of the interpretation or application of the Convention shall
lie within the compulsory jurisdiction of the International Court of Justice”.
Articles II and III provide only that, as a substitute for recourse to the Court,
the parties may agree upon resort either to arbitration or to conciliation.
 Emphasis was added on Article 22 of the 1961 Convention : "The receiving
State is under a special duty to take al1 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."
 Article 29 provides : "The receiving State shall treat him with due respect
and shall take al1 appropriate steps to prevent any attack on his
person, freedom or dignity. " (Emphasis added.)
 The obligation of a receiving State to protect the inviolability of the
archives and documents of a diplomatic mission is laid down in Article 24,
which specifically provides that they are to be "inviolable at any time”
 Under Article 25 it is required to "accord full facilities for the performance
of the functions of the mission",
 Under Article 26 to "ensure to al1 members of the mission freedom of
movement and travel in its territory", and
 Under Article 27 to "permit and protect free communication on the part
of the mission for al1 official purposes".
 1. that the Islamic Republic of Iran, by the conduct which the Court has set out
in this Judgment, has violated in several respects, and is still violating,
obligations under international conventions, as well as under long-established
rules of general international law ;
 2. that the violations of these obligations engage the responsibility of the Islamic
Republic of Iran towards the United States of America under international law ;
 3. that the Government of the Islamic Republic of Iran must immediately take al1
steps to redress the situation resulting from the events of 4 November 1979
 (a) must immediately terminate the unlawful detention and must immediately
release them
 (b) must ensure that al1 the said persons have the necessary means of leaving
Iranian territory, including means of transport ;
 (c) must immediately place in the hands of the protecting Power the
premises, property, archives and documents of the United States Embassy in
Tehran and of its Consulates in Iran ;
JUDGEMENT:
JUDGEMENT:
 4. that no member of the United States diplomatic or consular
staff may be kept in Iran to be subjected to any form of judicial
proceedings or to participate in them as a witness ;
 5. that the Government of the Islamic Republic of Iran is under
an obligation to make reparation to the Government of the United
States of America for the injury caused to the latter;
 6. that the form and amount of such reparation, failing
agreement between the Parties, shall be settled by the Court
HOW WAS THE CASE DIFFERENT?
 The case was the first real instance of the Court and
the Security Council acting together to bring a crisis to an
end.
 This is indeed recognized by Article 36 of the Charter,
paragraph 3 of which specifically provides that :
"In making recommendations under this Article the Security
Council should also take into consideration that legal
disputes should as a general rule be referred by the parties
to the International Court of Justice in accordance with the
provisions of the Statute of the Court.“
tehran hostage crisis

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tehran hostage crisis

  • 2. MOHAMMAD MOSADDEGH  Head of a democratically elected government Prime Minister of Iran from 1951 until 1953  Why famous?  Introduced a range of progressive social and political reforms.  He nationalized Iranian oil industry, which had been under British control since 1913.  He was overthrown in a coup d'état aided by the United States' Central Intelligence Agency and the United Kingdom's Secret Intelligence Service.
  • 3. MOHAMMAD REZA PAHLAVI SHAH  He was deposed in the 1953 Iranian coup d'état, (first time the United States had overthrown a foreign government during the Cold War).  He emerged as autocratic and sultanistic ruler and Iran entered controversial close relations with the United States.  While the Shah increasingly modernized Iran and claimed to retain it as a fully secular state, arbitrary arrests and torture by his secret police, the SAVAK, were used to crush all forms of political opposition.
  • 4. SAYYID RUHOLLAH MŪSAVI KHOMEINI : IMAM AYATOLLAH KHOMEINI  Virtual face of Shia Islam in Western popular culture.  a radical Muslim cleric, became an active critic of the Shah's far-reaching series of reforms known as the White Revolution.  Khomeini publicly denounced the government, and was arrested and imprisoned for 18 months.  After his release in 1964, he refused to apologize, and was eventually sent into exile. Man of the Year in 1979 (TIME)
  • 5.  1973 spike in oil prices, flooded the economy of Iran with foreign currency, causing inflation.  By 1974, the economy of Iran was experiencing double digit inflation but corruption was rampant and caused large amounts of waste.  By 1975 and 1976, an economic recession led to increased unemployment, especially among millions of youth who had migrated to the cities of Iran looking for construction jobs. late 1970s, many of these people opposed the Shah's regime and began to organize and join the protests against it  1979 Revolution, Islamic Revolution, began in January 1978 with the first major demonstrations against the Shah.  After a year of strikes and demonstrations paralyzing the country and its economy, Mohammad Reza Pahlavi fled the country and Ruhollah Khomeini returned from exile to Tehran in February 1979, forming a new government.  After holding a referendum, Iran officially became an Islamic republic in April 1979. A second referendum in December 1979 approved a theocratic constitution
  • 6. PRESIDENT JIMMY CARTER (JANUARY 20, 1977 – JANUARY 20, 1981)  39th President of USA  2002 he was awarded the Nobel Peace Prize  The Tehran Crisis costed him Presidency , was succeeded by Ronald Reagan
  • 7. STORY OF THE HOSTAGE CRISIS  Shah suffering from cancer, seeked for assylum in USA for his treatment, which he was granted.  On 4 November 1979 there was an armed attack by Iranian students on the United States Embassy in Tehran and they overtook it.  The students, belonging to the Muslim Student Followers of the Imam's Line, did this as an act of support to the Iranian Revolution with a demand of handing over of SHAH so that trial could be done against him for his oppressions.  Next day Embassy of Tabriz and Shiraz was also attacked.  More than sixty American diplomats and citizens were held hostage for 444 days (until January 20, 1981). Some of the hostages were released earlier, but 52 hostages were held hostage until the end.  Although Iran had promised protection to the U.S. Embassy, the guards disappeared during the takeover and the government of Iran did not attempt to stop it or rescue the hostages.
  • 8.  The U.S. arranged to meet with Iranian authorities to discuss the release of the hostages, but Ayatollah Khomeini forbid officials to meet them.  The U.S. ceased relations with Iran, stopped U.S. exports, oil imports, and Iranian assets were blocked.  On April 24, 1980, Carter ordered Operation Eagle Claw to try free the hostages. The mission failed, leaving eight American servicemen dead and causing the destruction of two aircraft.  July 27, 1980. In September 1980, the Iraqi military invaded Iran, beginning the Iran–Iraq War.  These events led the Iranian government to enter negotiations with the U.S., with Algeria acting as a mediator.  January 20, 1981: The hostages were formally released into United States custody the day after the signing of the Algiers Accords, just minutes after the new American president, Ronald Reagan, was sworn into office.
  • 9. US DIPLOMATIC AND COUNSELLAR STAFF IN TEHRAN, ICJ 1979 (UNITED STATES V IRAN [1980] ICJ 1) PROCEDURAL ASPECT:  On 29 November 1979: the Legal Adviser of the Department of State of the United States of America handed application to the Registrar.  Pursuant to Article 40, paragraph 2, of the Statute and Article 38, paragraph 4, of the Rules of Court, the Application was at once communicated to the Government of Iran.  Same day: Government of US filed request for provisional measures in Registry of Court, under Article 41 of Statute and Article 73 of Rules of Court.  15th December 1979: by order ; Court declared provisional measures  Memorial of USA was filed within time limit but no counter memorial was filed nor any agent was appointed by Iran.  19th Feb 1980: 1st hearing was held; 18th, 19th and 20th March: Public Hearing <GOVT. OF IRAN WAS NOT PRESENT>
  • 10.  25th March 1980: to give opportunity of making its views, Court according to Article 53 para 2, made pleadings and documents accessible to public.  Written submission was filed by Govt. of US in accordance to Article 60 para 2 of the Rules of the Court.  Copy was sent to Govt. of Iran but no pleading was submitted by Iran.  Only 2 communications was received via Letter and Telex claiming inadmissibility of the matter claiming the act as, "deep rootedness and the essential character of the Islamic Revolution of Iran, a revolution of a whole oppressed nation against its oppressors and their masters". "only represents a marginal and secondary aspect of an overall problem, one such that it cannot be studied separately, and which involves, inter alia, more than 25 years of continual interference by the United States in the internal affairs of Iran and in conflict with al1 international and humanitarian norms.”  Court started the proceeding in accordance with Article 53 of the statute.
  • 11. ISSUES ADDRESSED:  ISSUE 1: Operation Eagle Claw? "pursuant to Article 51 of the Charter of the United Nations“, "in exercise of its inherent right of self-defence with the aim of extricating American nationals from Iran”  ISSUE 2: Claim of Iran for inadmissibility of case? The Court pointed out as, "a dispute which concerns diplomatic and consular premises and the detention of internationally protected persons, and involves the interpretation or application of multilateral conventions codifying the international law governing diplomatic and consular relations, is one which by its very nature falls within international jurisdiction“  It also made clear that the seizure of the United States Embassy and Consulates and the detention of internationally protected persons as hostages cannot be considered as something "secondary" or "marginal“
  • 12.  ISSUE 3: How both countries were bound by International Laws?  Both Iran and the United States were parties to the Vienna Conventions of 1961 and 1963.  Article 1, provide: "Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice”. Articles II and III provide only that, as a substitute for recourse to the Court, the parties may agree upon resort either to arbitration or to conciliation.  Emphasis was added on Article 22 of the 1961 Convention : "The receiving State is under a special duty to take al1 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."
  • 13.  Article 29 provides : "The receiving State shall treat him with due respect and shall take al1 appropriate steps to prevent any attack on his person, freedom or dignity. " (Emphasis added.)  The obligation of a receiving State to protect the inviolability of the archives and documents of a diplomatic mission is laid down in Article 24, which specifically provides that they are to be "inviolable at any time”  Under Article 25 it is required to "accord full facilities for the performance of the functions of the mission",  Under Article 26 to "ensure to al1 members of the mission freedom of movement and travel in its territory", and  Under Article 27 to "permit and protect free communication on the part of the mission for al1 official purposes".
  • 14.  1. that the Islamic Republic of Iran, by the conduct which the Court has set out in this Judgment, has violated in several respects, and is still violating, obligations under international conventions, as well as under long-established rules of general international law ;  2. that the violations of these obligations engage the responsibility of the Islamic Republic of Iran towards the United States of America under international law ;  3. that the Government of the Islamic Republic of Iran must immediately take al1 steps to redress the situation resulting from the events of 4 November 1979  (a) must immediately terminate the unlawful detention and must immediately release them  (b) must ensure that al1 the said persons have the necessary means of leaving Iranian territory, including means of transport ;  (c) must immediately place in the hands of the protecting Power the premises, property, archives and documents of the United States Embassy in Tehran and of its Consulates in Iran ; JUDGEMENT:
  • 15. JUDGEMENT:  4. that no member of the United States diplomatic or consular staff may be kept in Iran to be subjected to any form of judicial proceedings or to participate in them as a witness ;  5. that the Government of the Islamic Republic of Iran is under an obligation to make reparation to the Government of the United States of America for the injury caused to the latter;  6. that the form and amount of such reparation, failing agreement between the Parties, shall be settled by the Court
  • 16. HOW WAS THE CASE DIFFERENT?  The case was the first real instance of the Court and the Security Council acting together to bring a crisis to an end.  This is indeed recognized by Article 36 of the Charter, paragraph 3 of which specifically provides that : "In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.“