On October 3, the International Court of Justice, the principal judicial organ of the United Nations issued a ruling on the Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America). Excerpt via:
(1) unanimously, that the United States of America, in accordance with its obligations under the 1955 Treaty of Amity, Economic Relations, and Consular Rights, must remove, by means of its choosing, any impediments arising from the measures announced on 8 May 2018 to the free exportation to the territory of the Islamic Republic of Iran of (i) medicines and medical devices; (ii) foodstuffs and agricultural commodities; and (iii) spare parts, equipment and associated services (including warranty, maintenance, repair services and inspections) necessary for the safety of civil aviation;
(2) unanimously, that the United States of America must ensure that licences and necessary authorizations are granted and that payments and other transfers of funds are not subject to any restriction in so far as they relate to the goods and services referred to in point (1);
(3) unanimously, that both Parties must refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
MULTIMEDIA: photos and videos of the delivery of the #ICJ Order on the Request for the indication of provisional measures submitted by Iran in the case of the Treaty of Amity (#Iran v. #UnitedStates) https://t.co/50nOLqVFUO pic.twitter.com/D7RZYrmHqw
— CIJ_ICJ (@CIJ_ICJ) October 3, 2018
The Trump Administration responded by pulling out the United States from the 1955 Treaty of Amity with Iran (PDF) and from the 1961 Optional Protocol on Dispute Resolution to the Vienna Convention on Diplomatic Relations (PDF). The latter in connection with a case that challenges the USG’s move of the U.S. Embassy from Tel Aviv to Jerusalem, according to NSA John Bolton. Per transcript of the WH Briefing, Mr. Bolton said that “The United States remains a party to the underlying Vienna Convention on Diplomatic Relations and we expect all other parties to abide by their international obligations under the Convention.”
National security adviser John Bolton says the Trump administration would review all accords that might subject the U.S. to prosecution by international courts or panels. On Wednesday, the U.S. pulled out of two such pacts, including one with Iran. https://t.co/2w15cbjqgr
— AP Politics (@AP_Politics) October 4, 2018
.@SecPompeo: In light of how #Iran has abused the @cij_icj as a form for attacking the United States, I am therefore announcing today that the United States is terminating the Treaty of Amity with Iran. pic.twitter.com/AlPqUswsBC
— Department of State (@StateDept) October 3, 2018
In somewhat of a Freudian slip, the DoS tweets that the US is withdrawing from the "Treaty of Enmity" instead of the "Treaty of Amity". They have since corrected the tweet. pic.twitter.com/8AbiLPVBqK
— Ala Hashemi-Haeri (@AlaHashemi) October 3, 2018
John Bolton: Pres. Trump has decided U.S. "will withdraw from the optional protocol and dispute resolution to the Vienna Convention on diplomatic relations."
Bolton says the move is in connection with case "brought by the so-called state of Palestine" challenging embassy move. pic.twitter.com/9spQojmQen
— ABC News (@ABC) October 3, 2018
yes, one of the most widely accepted treaties, and critical to diplomacy. In fact, the US used it to sue Iran over the taking of hostages. https://t.co/KvYp77zfuh Bolton has a plan, which he is executing, to systematically undermine multilateralism. Yo, @SenBobCorker !!!
— james gibney (@jamesgibney) October 4, 2018
Big news, even though some would be surprised to learn we've even had a Treaty of Amity with #Iran all this time. Two #ICJ suits recently brought by Iran vs. US under the Treaty, although US has also brought suit vs. Iran in the past, notably w/r/t Teheran hostage crisis. https://t.co/1yGqKXzrnh
— Chimene Keitner (@KeitnerLaw) October 3, 2018
Scrapping the Treaty of Amity is one thing–long contemplated, and perhaps overdue. VCDR Optional Protocol is another issue altogether. Can't overstate reciprocity implications. This is other shoe dropping post-VCCR Optional Protocol withdrawal in 2005. h/t @eliavl
— Chimene Keitner (@KeitnerLaw) October 3, 2018
I see this as an important symbolic and practical safety net for ensuring proper treatment of US diplomats. I'm open to persuasion that a careful cost/benefit analysis shows we lose more than we gain overall from the OP, but I see Bolton as a wrecking ball, not a careful analyst.
— Chimene Keitner (@KeitnerLaw) October 3, 2018
ICYMI, read the following from Chimène Keitner who previously served as Counselor on International Law in the State Department:
Sovereignty on Steroids: International Institutions and the Trump Administration’s “Ideology of Patriotism” https://t.co/pI2fDthhIB
by @KeitnerLaw
— Diplopundit (@Diplopundit) October 4, 2018
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