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In response to the United States’ withdrawal from the Joint Comprehensive Plan of Action (JCPoA) in the month of May and subsequent re-imposition of sanctions barring Iran’s access to the U.S. dollar based financial system, Iran took the United States to International Court of Justice (ICJ), a United Nations’ court which is open only to States for contentious proceedings, and to certain organs and institutions of the United Nations system for advisory proceedings. Though it is not criminal court, its ruling can be based as an argument for UN level sanctions or removal.
At the court, Iran argued that the United States violating the terms of the Treaty of Amity 1955, which had the approval of then president Dwight D. Eisenhower and the Shah of Iran and the treaty came into force in 1957.
The court has announced its ruling this week and it has found that the United States is indeed violating the terms of treaty in several cases and asked the United States to remove its sanctions affecting humanitarian aid to Iranian people and to remove sanctions on equipment that affect the civilian life such as civilian aircraft equipment.
However, Iran’s plan to contain the United States using the ruling failed as the U.S. Secretary of State Mike Pompeo announced that the United States is taking an action which is long overdue, almost 39 years, which is to withdraw from the Treaty of Amity, which is null and void as Shah was replaced in an Islamic revolution in the 70s.
The Secretary had this to say at the press conference, “I’m announcing that the United States is terminating the 1955 Treaty of Amity with Iran. This is a decision, frankly, that is 39 years overdue. In July, Iran brought a meritless case in the International Court of Justice alleging violations of the Treaty of Amity. Iran seeks to challenge the United States decision to cease participation in the Iran nuclear deal and to re-impose the sanctions that were lifted as a part of that deal. Iran is attempting to interfere with the sovereign rights of the United States to take lawful actions necessary to protect our national security. And Iran is abusing the ICJ for political and propaganda purposes and their case, as you can see from the decision, lacked merit.
Given Iran’s history of terrorism, ballistic missile activity, and other malign behaviors, Iran’s claims under the treaty are absurd. The court’s ruling today was a defeat for Iran. It rightly rejected all of Iran’s baseless requests. The court denied Iran’s attempt to secure broad measures to interfere with U.S. sanctions and rightly noted Iran’s history of noncompliance with its international obligations under the Treaty on the Nonproliferation of Nuclear Weapons.
With regard to the aspects of the court’s order focusing on potential humanitarian issues, we have been clear: Existing exceptions, authorizations, and licensing policies for humanitarian-related transactions and safety of flight will remain in effect. The United States has been actively engaged on these issues without regard to any proceeding before the ICJ. We’re working closely with the Department of the Treasury to ensure that certain humanitarian-related transactions involving Iran can and will continue.
That said, we’re disappointed that the court failed to recognize it has no jurisdiction to issue any order relating to these sanctions measures with the United States, which is doing its work on Iran to protect its own essential security interests.
In light of how Iran has hypocritically and groundlessly abused the ICJ as a forum for attacking the United States, I am therefore announcing today that the United States is terminating the Treaty of Amity with Iran. I hope that Iran’s leaders will come to recognize that the only way to secure a bright future for its country is by ceasing their campaign of terror and destruction around the world.”
It is clear that the United States remain in no mood to back down from its tough stance on Iran, its nuclear aspiration, and its malign activity in the region targeting Israel.
