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10 Denv. J. Int'l L. & Pol'y 425 (1980-1981)
The Iran Hostage Crisis and the International Court of Justice: Aspects of the Case Concerning United States Diplomatic and Consular Staff in Tehran

handle is hein.journals/denilp10 and id is 439 raw text is: ARTICLE The Iran Hostage Crisis and the International Court of Justice: Aspects of the Case Concerning United States Diplomatic and Consular Staff in Tehran AMIR RAFAT I. INTRODUCTION On November 29, 1979, the United States took its dispute with Iran over the hostage issue to the International Court of Justice by submitting an application' under article 40(1) of the Court's Statute in which it charged the Government of Iran with violation of various legal principles embodied not only in customary international law but also in four treaties to which both countries are party: namely, the Vienna Conventions on Diplomatic and Consular Relations; the 1955 Treaty of Amity, Economic Relations, and Consular Rights; and the 1973 Convention on the Preven- tion and Punishment of Crimes Against Internationally Protected Per- sons, Including Diplomatic Agents.5 In defiance of its commitments under these treaties, the application alleged inter alia, that Iran. had failed to protect the American embassy during the events on and following Nov- ember 4, 1979; had in fact supported and was continuing to support the © 1981 by Amir Rafat. Professor of Political Science, DePauw University. Licence, 1955, University of Geneva (Switzerland); M.A., 1958, University of Nebraska; Ph.D, 1964, University of Minnesota. 1. Application by the United States, United States Diplomatic and Consular Staff in Tehran, [1980] I.C.J. 3, reprinted in 80 DEP'T STATE BULL. 38 (Jan. 1980). 2. The Statute of the International Court of Justice, article 40(1), provides that cases are brought before the Court either by notification of the special agreement or by a written application addressed to the Registrar. The United States brought the case to the Court by proceeding in the latter of the two methods provided. 3. Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3230, T.I.A.S. No. 7502, 500 U.N.T.S. 241 [hereinafter cited as Diplomatic Relations Convention]; Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, T.I.A.S. No. 6820, 596 U.N.T.S. 261 [hereinafter cited as Consular Relations Convention]. 4. Treaty of Amity, Economic Relations, and Consular Rights, Aug. 15, 1955, United States-Iran, 8 U.S.T. 899, T.I.A.S. No. 3853 [hereinafter Treaty of Amity]. 5. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, opened for signature Dec. 14, 1973, 28 U.S.T. 1977, T.I.A.S. No. 8532.