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] The Iranian case seeks the unfreezing and return of nearly $2 billion in assets held in the United States. The case focuses specifically on assets seized from the Iranian national bank, Bank Markazi. These funds were seized to compensate victims of a 1983 suicide bombing of a Marine Corps base in Beirut, Lebanon, which has been tied to Iran. The attack killed more than 300 and injured many more, including U.S. military members. Iran has argued in the case that, among other things, the United States has failed to accord Iran and Iranian state-owned companies, and their property, sovereign immunity, and failed to recognize the juridical separateness of Iranian state-owned companies.[2]

Certain Iranian Assets
CourtInternational Court of Justice
Full case nameCertain Iranian Assets (Islamic Republic of Iran v. United States of America)

On 13 February 2019, the ICJ accepted jurisdiction over the case, rejecting most of the preliminary objections made by the United States but accepting one described by a commentator as "key," agreeing with the U.S. argument that it lacked "jurisdiction to hear claims based on the international law of state immunity."[3] Specifically, out of three United States jurisdictional objections, the ICJ dismissed one, upheld another and postponed another to the merits phase.[4]

The United States filed its Counter-Memorial on 14 October 2019, Iran filed a Reply brief on 17 August 2020, and the United States filed a Rejoinder on 17 May 2021. Oral argument was held 19-23 September 2022, after which the Court began its deliberation.[5]

Sitting judges
NameNationalityPositionOpinions
1 2 3 4 5
Abdulqawi Yusuf SomaliaPresident
Unanimous
MajorityMajority
Unanimous
Unanimous
Xue Hanqin ChinaVice PresidentMajorityMajority
Peter Tomka SlovakiaJudgeMajorityDissent
Ronny Abraham FranceJudgeMajorityMajority
Mohamed Bennouna MoroccoJudgeMajorityMajority
Antônio Augusto Cançado Trindade BrazilJudgeMajorityMajority
Giorgio Gaja ItalyJudgeMajorityDissent
Dalveer Bhandari IndiaJudgeDissentMajority
Patrick Lipton Robinson JamaicaJudgeDissentMajority
James Crawford AustraliaJudgeMajorityDissent
Kirill Gevorgian RussiaJudgeDissentMajority
Nawaf Salam LebanonJudgeMajorityMajority
Yuji Iwasawa JapanJudgeMajorityMajority
Jamshid Momtaz Iranad hoc JudgeDissentMajority
Charles N. Brower United Statesad hoc JudgeMajorityDissent
Philippe Couvreur BelgiumRegistrar—
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

See also

References
  1. 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
  2. "Certain Iranian Assets (Islamic Republic of Iran v. United States of America)". United States Department of State. Retrieved July 16, 2021.
  3. Chachko, Elena (February 14, 2019), "Certain Iranian Assets: The International Court of Justice Splits the Difference Between the United States and Iran", Lawfare Institute, retrieved May 11, 2020
  4. Freehills, Herbert Smith (February 27, 2019), "International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity", Lexology, retrieved May 11, 2020
  5. "Latest developments: Certain Iranian Assets". International Court of Justice. Retrieved January 28, 2023.
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