US - Iran and International Court of Justice - Seeker's Thoughts

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US - Iran and International Court of Justice

United States and Iran – From allies to enemy

The United State and Iran have been having a series of conflict and US has imposed various sanctions against Iran. 
Since 1980 both countries have no diplomatic relations and all the contacts are carried out through the Iranian interests Section of Pakistani Embassy in Washington, DC and the US interests section of the Swiss Embassy in Tehran. So, there are no direct talks with the United States in 2018.
Iran faced huge economic crisis, and signed a nuclear accord with World Powers. America withdrew from the accord and imposed sanctions.  Iran challenged those sanctions in International Court of Justice in July 2018

The treaty of Amity


Diplomatic relations were severed following the 1979 Islamic Revolution in Iran and takeover of the U.S. Embassy and ensuing hostage crisis. However, the treaty   of Amity still remains in force.
Iran alleged that the sanctions breach a 1955 bilateral agreement or  known as the Treaty of Amity that regulates and promotes economic and consular ties between the two countries. The treaty was signed when the U.S. and Iran were still allies following the 1953 revolution fomented by Britain and the U.S. that ultimately cemented the rule of Shah Mohammad Reza Pahlavi.


International Court of Justice Ruling


 America justified its sanction in International Court of Justice, however, The United Nation’s highest court ordered on 3rd October 2018 to Unites States to lift sanctions on Iran that effect imports of humanitarian goods and products or services liked to the safety of civil aviation.  This decision is legally binding; however US administration may or may not comply with it as there are no forces to make America to do so.

 The court instructed Washington to remove sanctions as export of medicine, devices, food, agricultural commodities and spare parts to Iran is needed to ensure of civil aviation.

 The court said that the Trump administration must “ensure that licenses and necessary authorizations are granted” and payments not restricted if they are linked to the humanitarian and aviation goods.

 The court also told both the United States and Iran to “refrain from any action which might aggravate or extend the dispute.”

 Iranian state television trumpeted the court’s decision in a scrolling graphic at the bottom of TV screens: “The victory of Tehran over Washington by the Hague Court.”

 However, after court ruling, the US has cancelled the treaty of 1955 at which the case was based, and this is not the solution for the conflict between both the nations.