Case Concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)

Abstract

International law in general — Sources — Diplomatic law — Evolution of — Contrasted with other aspects of international law Relevance of universal sources

States as international persons — Succession of governments — Upon termination of a rebellion — Regime overthrown by revolution — Revolutionary government bound by treaties entered into by predecessor — Whether special allowance should be made for revolutionary circumstances

State responsibility — Nature and kind of State responsibility — For breaches of treaty obligations — Effect of breaches of Vienna Convention on Diplomatic Relations 1961, and Vienna Convention on Consular Relations 1963 by receiving State — International responsibility — Whether responsibility in any way mitigated by alleged activities of diplomatic mission and policies of sending States — Duty to end continuing breach — Duty make reparation

State responsibility — Nature and kinds of State responsibility — For Wrong unconnected with contractual obligations — Acts and omissions of State officials — Executive action inaction — Seizure of embassy and diplomatic staff by rioters — Security forces taking no to steps to prevent seizure — Whether State responsible for failure to protect embassy — Subsequent approval of rioters' actions — Whether state responsible for continued detention of staff as hostages

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts of insurgents, rioters and private individuals in general — Seizure of embassy and diplomatic staff by rioters — Whether imputable to State — Seizure following inflammatory statements by members of Government — Subsequent Government approval of seizure and continued detention of hostages by rioters — Rioters as “agents” of the State

State responsibility — Damage — Award of damage in general — Violation of treaty obligations leading to injury — Duty to make reparation

The individual in international law — Extradition — In general — Demands by revolutionary government for extradition of deposed ruler — Taking of diplomatic hostages in support of demand

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Position and functions of diplomatic envoys — Duty of receiving State to protect envoys and their staff in the discharge of their functions — Function of gathering information by lawful means — Difference between this function and espionage — Duty of non — interference in the affairs of the receiving State — Sanctions for violation of this duty — Vienna Convention on Diplomatic Relations 1961, Articles 9, 25, 26, 27, 29, 30, 31, 39 and 41

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities — Subordinate members of the diplomatic staff — Entitlement to protection in discharge of functions — Inviolability and immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961, Articles 22, 29, 30 and 31

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities — Diplomatic premises — Inviolability of diplomatic premises, property, archives and documents — Seizure of hostages on diplomatic premises — Vienna Convention on Diplomatic Relations, 1961, Articles 22 and 24

Diplomatic and consular intercourse and privileges — Consuls — Position and functions of consuls — Consular function of assisting nationals — Vienna Convention on Consular Relations 1963

Diplomatic and consular intercourse and privileges — Consuls — Privileges and immunities of consuls — Inviolability of consuls and consular premises, archives and documents — Immunity of consular staff from jurisdiction — Vienna Convention on Consular Relations 1963

Diplomatic and consular intercourse and privileges — Miscellaneous — Members of embassy's technical and administrative staff — Entitlement to diplomatic privileges and immunities — Vienna Convention on Diplomatic Relations 1961, Article 1 (d) and 37 (2)

Treaties — Termination — By act of party — Non-performance by one party — Acts allegedly inconsistent with Treaty of Amity — Whether debarring State responsible from relying on Treaty in respect of matters taking place prior to these acts

International organization and administration — The United Nations — The Security Council — Dispute referred to Security Council and International Court of Justice — Whether Court entitled to hear case — Whether appropriate for Court to indicate interim measures of protection — Different roles of Court and Security Council

lntemational organization and administration — The United Nations — Other Organs — Secretary — General of the United Nations — Whether appropriate for International Court of Justice to adjudicate upon dispute in respect of which the Secretary — General has established a fact — finding commission — Different roles of Court and commission

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Unilateral application to Court — Whether Court possessing jurisdiction under Optional Protocols to Vienna Conventionon Diplomatic and Consular Relations — Whether Court possessing jurisdiction under treaty which does not expressly provide for unilateral application — Application allegedly referring only to one part of wider dispute — Whether Court may consider that part alone — Whether appropriate for Court to hear case which is also being considered by Security Council and in respect of which the Secretary — General of the United Nations has established a factfinding commission — Difference between adjudication and mediation — Justiciability of dispute

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Absence of Respondent State from proceedings Indication of provisional measures — Responsibility of Court to protect interests of both parties when indicating provisional measures — Scope of provisional measures — Inevitability of overlap with claim on the merits

Disputes — Conciliation — Fact — finding commission — Complementary roles of commission and International Court of Justice

Disputes — Unilateral means of redress short of war — Economic sanctions — Attempt to rescue hostages by military operation — Legality — Effect of these measures upon consideration of taking of hostages by International Court — Whether calculated to undermine respect for judicial process — Whether legitimate self — defence

Disputes — Negotiation — Complementary roles of negotiation and adjudication in settlement of dispute — Whether International Court should encourage negotiation by advising parties as to form and content of negotiations

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of diplomatic envoys and their staff — Members of technical and administrative staff — Inviolability of diplomatic staff — Immunity from criminal proceedings — Duty of receiving State to protect members of diplomatic staff in the discharge of diplomatic functions — Diplomatic premises — Inviolability of diplomatic premises, archives and documents — Duty of receiving State to protect — Seizure of embassy and taking of diplomatic hostages — Vienna Convention on Diplomatic Relations, 1961

Consuls — Privileges and immunities of consular staff and premises — Duty of receiving State to protect — Consular function of assisting nationals — Vienna Convention on Consular Relations, 1963

Nature of diplomatic and consular law — Importance in the international community — Contributions made to development of diplomatic law by all States and streams of legal thought — Diplomatic law a self-contained body of rules with its own sanctions for cases of abuse — Alleged acts of espionage by members of diplomatic staff to be dealt with only in accordance with Vienna Convention on Diplomatic Relations, 1961 — Alleged acts of espionage incapable of justifying violation of diplomatic immunity

State responsibility — For acts of rioters — Rioters seizing embassy after inflammatory statements by members of Government — Action not imputable to State — Government subsequently approving rioters' acts and encouraging detention of hostages — Rioters becoming agents of State — Violation of treaty obligations — Whether engaging international responsibility of State — Duty to make reparation

International Court of Justice — Competence — Optional Protocols to Vienna Convention on Diplomatic and Consular Relations — Treaty of Amity, Economic Relations and Consular Rights, 1955, between United States and Iran — Indication of provisional measures of protection — Scope of such measures — Whether fact that dispute under consideration by United Nations Security Council debars Court from pronouncing upon it — Establishment of fact-finding commission by United Nations Secretary-General — Whether Court precluded from considering application because it represents only one aspect of a dispute

Unilateral action by Applicant — Economic sanctions — Military operation in attempt to rescue hostages — Whether undermining respect for judicial process — Whether affecting legality of initial actions by Respondent

Treaties — Breach — Whether hostile acts by Applicant prevent it from relying upon compromissory clause in Treaty of Amity