491
CORRESPONDENCE
CORRESPONDANCE 493
l. THE SECRl'.T,\RY OF STATE o~-THE UNITEIJ STATES 01' ,\MERICA TO THE
l'RliSIDENT OF THE INTERNATIONAL COURT OF JUSTTCll
Washington, 29 Novcmbcr 1979.
The Govcrn1ent of the Un2ted States is today filing with the Court an
Application and a Rcquest for Intcrim Measures of Protection in a case
against the Govcrnment of Iran for the scizurc, and holding as hostages, of
rncmbcrs of lhc United States Embassy in Tchran. As you arc aware, al least 50
United States nalionals are being subjected to prolongcd and inhumane
dctention. They have alrcady bccn hcld hostage for more than thrcc wecks, and
threats have been made that thcy may be placcd on trial.
In vicw of the eKtraordinary urgcm:y of this case, which is unlikc any beforc
submitted to the Court. I rcspectfully suggest that you, as President of the Court,
urge the Governmcnt of Iran to act immediatcly to appoint its Agent in the case.
I furthcr urge that the Court in any event hold any hearing on the requesl for
lnlcrim Mcasurcs as soon as it has a quorum. My Guvcrnmcnt carncst\y hopes
that the Court will issue an Ordcr indicating appropriatc intcrim mcasures
within days. As the Sccrctary-General of the United Nations has informed the
Seeurity Council, the prcsent crisis constitulcs a serious threat to international
peacc and sccurity.
May I further respectfully suggcst that you, as President of the Court,
immediately requcst the Governmen! of Iran to cnsurc that no stcps arc taken to
inflame opinion ngainst the hostagcs, to hcightcn the danger to which they are
cxposcd, or lo place \hem on triaL
I have dcsignatcd the Legal Ad viser of the United States Dep,1rtmenl of State,
the Honorable Roberts B. Owen, as Agent of the United States in this case.
(Signed) Cyrus VANCE.
2. THE REGISTRAR 01' THE COURT TO 11\E Ml'NISTER FOR FOREIGN Al'l'AIRS OF
IRAN
(teler,rwn)
29 November l979.
In accordancc with Article 40, paragraph 2, Statute of International Court of
Justice, have honour inform you Governrncnt of United States of America today
filed in Registry application instituting proccedings against lran and request for
indication of provisional mcasurcs under Article 41 of Statute and Article 73 of
Rules of Court. Proceedings relate to scizurc and holding as hostages of
members of United States Embassy in Tchran. Basing itself upon (\) 1961
Vienna Convention on Diplomatie Relations and Oplional Protocol concerning
Compulsory Scttlcmcnt of Disputes, (2) 1963 Vienna Convention on Consular
Relations and Optional Protocol concerning Compulsory Settlcment of Dis-
1
2 Sec pp.3-8, supra.
See pp. 11-12,.~upra.494 DIPLOMATJC AND CONSULAR STAFF
putes, (3) Article 21 of 1955Treaty of Amity, Economie Relations and Consular
Rights bctween United States and Iran and (4) 1973Convention on Prevention
and Punishment of Crimes against lntcrnationally Protected Persons, United
States requests Court to adjudgc and declarc:
[See pp. 7-8, supra}
On the other hand, full text of rcquest for provisional measures follows:
[See pp. 11-12, supra}
Copies of application and request together with lettcr from US Secretary of
State to President of Court airmailed today. United States Government urges
that requesl for provisional measures "be treated as a malter of extrcme
urgency" and requests "that the Court set a hearing on this request at the earliest
possible date". Would respectfully draw Your Excellency's attention to Article
40, paragraph 2, of 1978 Rulcs of Court conccrning appointment of rcspon
denl's agent pursuant Article 42 of Statutc. May I respectfully also draw Your
Excellency's attention to Article 31, paragraph 2, of Statute of the Court which
providcs that "If the Court includes upon the bench a judge of the nationality of
one of the parties any other party may choose a person to sit as judgc". If
Governmcnt of Iran wishes to choose judge ad hoc it should inform Court of his
name as a malter of urgency.
3. THE REGISTRAR TO THE MINTSTER FOR FOREIGN AFFAIRS OF IRAN
29 November 1979.
Express airmail
Confirming my cable of today's date, a eopy of which is enclosed, 1have the
honour to inform Your Excellency that the Government of the United States of
America has this day filcd in the Registry of the International Court oJusticc an
Application instituting proceedings against Iran concerning the seizure and
holding as hostages of members of the United States Embassy in Tehran. The
Government of the United States has also today fileda rcquest for the indication
of provisional measures under Article 41 of the Statutc of the Court and Article
73 of the 1978 Rules of Court.
l have the honour to send Your Exccllency herewith a ccrtified copy of the
Application and of the request for the indication of provisional measuresJ shall
in duc course transmit to you certified printcd copies of the Application in the
bilingual (English and French) edition which will be prepared by the Rcgistry. I
also enclose copy of a letter from the Secretary of State of the United States of
America to the President of the Court, filed in the Registry al the same lime as
the Application and request.
May Jtake this opportunity of drawing Your Excellency'sattention to Article
40of the 1978Rules of Court which provides, in paragraph 2,that the respondcnt,
upon receipt of the certified copy of the Application, or as soon as possible
thcreaftcr, should inform the Court of the name of ils Agent. Paragraph I of the
same article providcs that Agentsshall have an address for servicel the scat of the
Court to which ait communications concerning the case are to be sent.
May J respectfully also draw your Exccllency's attention to Article 31,
paragraph 2, of the Statute of the Court which provides that: "If the Court
includes upon the Bench a judge of the nationality of one of the parties, any CORRESPONDENCE 495
other party may choose a person lo sit as judgc." lfyour Govemment wishes to
choosc a judge ad hoc it should inform the Court of his name as a malter of
urgcncy.
(Signed) S. AQUARONE.
4. THE REG!STRAR TO THE AGENT OF THE UNITED STATI;5 OF AMERICA
29 Novcmber 1979.
Ihave the honour to acknowlcdge rceeipt or the Application by the United
States of America instituting proceedings against Iran concerning the seizure
and holding as hostages of mcmbcrs of the United States Embassy in Tehran,
and the requcst for the indication of provisional measures in those procecdings,
filed in the Registry by you today. The President has also askcd me to
acknow\cdge rcccipt of the letter addresscd to hirn by the Secretary of State,
dated 29 Novembcr 1979, deposited by you at the same time.
Your appointmcnt as Agent of the United States in thcse proceedings has
bccn duly noted, as has the fact that your addrcss for service, undcr Article 40,
paragraph 1, of the Rules of Court is the Embassy of the United States, Lange
Voorhout 102,The Hague. •
The Govcrnment of Iran was immediately informed by telcgram of the filing
of the Application and request for the indication of provisional mcasures; in
accordance with Articles 38, paragraph 4, and 73, paragraph 2, of the 1978
Rules of Court, ccrtificd copies of thcsc documents were immediately trans
mitted to the Govcrnmcnt of Iran, togethcr with a copy of the letler from the
Secretary of State to the President.
5. THE REGISTRAR TO THE SECRETARY·GENERAL OF THE UNITED NATIONS
(telegram)
29 November 1979.
With refercnee Article 40, paragraph 3, of Statute have honour inform you
that on 29 November United States filed (l) application instituting proceedings
against Iran relating to seizure and holding as hostages of membcrs of United
States Embassy in Tchran and (2) requesl for indication of provisional measurcs
under Articles 4t, Statute, and 73 Rulcs. Mcasurcs rcquested arc:
[See p. 12, supra/
6. THE REG!STRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF !RAN
(refegram)
30 November l979.
Have honour lo refer to applicationby United States of America instituting
proceedings against Iran on 29 Novembcr and to simultaneous rcquest filed by
United States for indicationof provisional mcasures. The President directs me to496 DIPLOMATIC AND CONSULAR STAFF
express his hope that the two Governmenls concerned will take into account the
fact that the malteris now sub judicebcforc the International Court. This bcing
so the President in conformity with Article 74, paragraph 4, of the Rules of
Court draws the attention ofboth parties to the need to act in such a way as will
enable any Order the Court may make on the request for provisional measures
to have ils appropriate effects. Similar communication addressed today to
Government of United States. Court will hold public hearings at an early date to
afford parties the opportunity of presenting their observations on request for
interim measures. Projected date and time for such hearings is Montlay, IO
December, at 3 p.m.
1
7. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telegram)
3 December 1979.
Further to my telegram and letter of 29 November announcing institution of
proceedings by United States and my telegram of 30 November I have the
honour to confinn that public hearing al Peace Palace, The Hague, on request
for provisional measures is fixed for Montlay, 10 Oecember, at 15hours.
8. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
(te/egram)
4 Dcccmber 1979.
1have the honour to acknowledgc rcccipt ofyour cable of29 November 1979
to the Secretary-Gcneral inforrning him that the United States had submitted an
application to the Court instituling procccdings against Iran relating to scizure
of US Embassy in Tehran and holding ofits members as hostages with a requcst
to the Court for indication of provisional measures of protection. The Sccrctary
General will inform ail Mcmbers of the United Nations in accordance with
paragraph 3 of Article 40 of Statute as soon as copies of the application in
printed form are rcceived at .UN hcadquarters.
(Signed) Erik Suv.
9. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telegram}
4 December 1979.
Refercnce requcst by United States of America for provisional mcasurcs have
honour infonn Your Excellency following questions putto United States Agent
today by President of Court:
[See pp. 17-18, supra/
1A similar communication was sent ta the Agent of the United States of Americtaand
the Secretary-General of the United Nations. CORRESPONDENCE 497
JO, THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIOl\:S
(te/egram)
4 December 1979.
President Intercourl addresses following requcst to Secretary-General:
"Rcfcrence procecdings before Court instituted by United States con
ccrning US Diplomatie and Consular Staff in Tchran may r request Your
Exccllrncy to transmit to the Court by the mosl rapid possible means tcxt of
any resolution which Sccurity Council may adopt concerning question
brought bcfore it by you as well as verbatim or other records of all
discussions of that malter by Securily Council. Highcst consideration.
Waldock.''
l J.THE DIRECTOR OF nm OFFJCIJ OF THE LEGAL COUNSEL OF THE UNITED
NATIONS TO THE REGISTRAR
(telegram)
5 December l979.
At its2l78 meeting this afternoon the Security Council adopted by 15votes in
favour resolution 457 (1979) which reads as follows:
[See pp. 225-226, supra/
After adoption resolution reprcscntativc of United States made statement in
course of which he made following comments regarding rcquest for indication
provisional measures of protection:
(See p. 34, supra/
(Signed) Scorr.
12, LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÙRES D'Af:GHANISTAN 1
6 décembre 1979.
Le 29 novembre 1979 a étédéposéeau Greffe de la Cour internationale de
Justice une requêtepar laquelle les Etats-Unis d'Amérique ont introduit contre
l'Iran une instance en l'affaire relative au Personnel diplomatique et consulaire des
Etats-Unis à Téhéran.
Conformément à l'article 42 du Règlement de la Cour, j'ai l'honneur de vous
transmettre ci-joint une copie de cette requête.
1 Une communication analogue a été adresséaeux autres Etats admis à ester devant la
Cour.498 DIPLOMA TIC AND CONSULAR STAFF
13. THE REG!STRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
6 December 1979.
lrcfcr to mycable of29 November 1979by which Iinformed you ofthefiling by
the Government of the United States of America of an application instituting
proceedings against Iran relating to the seizure and holding as hostages of
mcmbcrs of the United States Embassy in Tehran (case conccrning United States
Diplomatie and Consular Swjf in Tehran), and of a request for the indication of
provisional mcasures in that case. 1now have the honour to inform you that I am
forwarding to you under separate cover (by airmail parce! post, marked
"Attention Dircctor, General Legal Division") 200 copies of the application
referred to.
I would be grateful if, in accordance with Article 40, paragraph,of the Statute
of the Court, you will be good enough to inform the Members of the United
Nations of the filing of this Application.
14. THE REGISTRAR TO THE AMBASSADOR OF AUSTRALIA TO THE NETHERLANDS
6 December 1979.
I refer to my lettcrof today's date by which I had the honour to transmit to
Your Excellency a copy of the Application of the United States of America
instiluting procecdings against Iran in the case concerning United States
Diplomatie and Consular Staff in Tehran.
With refcrcnce to Article 63 of the Statute of the Court, 1have the honour to
draw Your Excellency's attention to the fact that in the said Application the
United States of America invokes, inter alia,the following multilateral conven
tions:
1. the 1961 Vienna Convention on Diplomatie Relations (and the Optional
Protocol to that Convention concerning the Compulsory Seulement of Disputes);
2.the 1963 Vienna Convention on Consular Relations (and the Optional
Protocol to that Convention conccming the Compulsory Settlement of Disputes);
3. the 1973Convention on the Prevention and Punishment of Crimes Against
lnternationally Protected Persons, including Diplomatie Agents.
1have the honour further to point out that the present notification does not
prejudge any decision which the Court may be called upon to take with regard to
the possible application of Article 63 of the Statute in this case.
15. THE RliGISTRAR TO THE MINISTER FOR FOREIGN AFFA!RS OF IRAN 1
6 Dcccmber 1979.
1 have the honour to infonn Your Excellcncy 'that, inasmuch ·as the
Application filed by the Government of the United States of America on 29
November 1979 in the case conceming United States Diplomatie and Consular
Staff in Tehran invokes a number of multilateral international conventions, I
1
A similar communication was sent to the Agent of the United States of America. CORRESPONDENCE 499
have this day, pursuant to Article 63, paragraph l, of the Statu te of the Court,
addresscd the notification provided undcr that article to States othcr than those
conccrned in the case which are parties to one or more of thosc conventions.
The conventions in question arc:
1.the 1961 Vienna Convention on Diplomatie Relations (and the
Optional Protocol to that Convention concerning the Compulsory Seule
ment of Disputes);
2. the 1963 Vienna Convention on Consular Relations (and the Optional
Protocol to that Convention concerning the Compulsory Settlement of
Disputes);
3.the 1973 Convention on the Prevenlion and Punishment of Crimes
Against lntcrnationally Protectcd Persons, including Diplomatie Agents.
1 have the honour to scnd Your Excellency herewith for your information a
copy of the notification sent to thosc States which are parties to ail these
instruments; the notifications sent to other States follow the same form, but refer
only to the instruments to which the Statc notificd is a party. May I draw Your
Excellency's attention to the reservation expressed in the final paragraph of the
notification.
16. THE AGENT OF THE UNITED STATES OF AMERICA TO THE REGISTRAR
Washington, December 1979.
I
In response to the President's request of4 December 1979, for certain further
information, lhave the honor to submit the cnclosed dcclaration of Under
Secretary David D. Newsom with its three appendices 2•
(Signed) Roberts B.OWEN.
17. THE REG!STRAR TO THE MIN!STER FOR FOREIGN AFFAIRS OF !RAN
7 Deccmber 1979.
With reference to my telegram of 4 Decembcr !979, by which I communicated
to Your Excellcncy the text of the questions put by the President of the Court on
that date to the Agent of the United States of America in the case concerning
United States Diplomatie and Consular Staff in Tehran, I now have the honour to
transmit to Your Exccllency herewith a copy of a letter from the United States
Agent received in the Rcgistry today, and copies of the enclosures to that letter. 1
also enclose, forY our Excel\ency'sconvenience, a fmther copy of the text of the
questions put by the President on 4 Deccmber 1979.
1 See pp. 17-18, supra.
2 See pp. 43-115, supra.500 DIPLOMA TIC AND CONSULAR STAFF
18. THE CHARGÉ D'AFFAIRES OF IRAN TO THE NETHERLANDS TO THE PRESIDENT
OF THE COURT
9 December 1979.
I
1 have the honour to convey hcrewith to Your Excellency the telegram of His
Excellency Mr. Sadegh Ghotbzadeh, Minister for Foreign Affairs of the Jslamic
Republic of Iran, addressed to Your Excellency, dated 9 Decembcr 1979.
(Signed) N. HELMI.
19. THE REG!STRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
lO Dcccmbcr 1979.
I have the honour to send Your Excellcncy herewith three copies of the
provisional verbatim record of the public hearing of today's date, relating to the
rcquest by the United States of America for the indication of provisional
mcasures in the case concerning United States Diplomatie and Consular Staff in
Tehran.
20. THE REGISTRAR TO THE CHARGÉ o' AFFAIRF,S OF !RAN TO THE NETHERLANDS
11 December 1979.
I have the honour to acknowlcdge reccipt of your letter of 9 Dcccmbcr 1979,
addressed to the President of the Court and delivered lo me by hand at my
privale address at 9.45 p.m. on that day, with which you enclosed the message
datcd 9 Decembcr 1979, and transmittcd by tclcgram, from His Excellency the
Minister for Foreign Affairs of the lslamic Republic of Iran to the President of
the Court.
21. THE AGENT OF THE UNITED STATES OF AMERICA TO THE REG!STRAR
Il Deccmbcr 1979.
In response to questions 2 posed by members of the International Court of
Justice on lO Dcccmbcr in the course of its proceedings in the case concerning
·United States Diplomatie and Consular Staff in Tehran (Request for the
Indication of Provisional Measures), I have the honor to submit the attached
3
answcrs •
1See p. 18,supra.
2See p. 37,supra.
3See pp. 116-117,supra. CORRESPONDENCE 501
22. THE REGISTRAR TO THE MINISrnR FOR FOREIGN AFFAIRS OF IRAN
11 Dcccmbcr 1979.
I have the honour to transmit to Your Excellency herewith a copy of the
replies furnished in writing by the Agentof the United States of America in the
case concerning United States Diplomatie and Consu/ar Staff in Tehran to the
questions put to him by the President on behalf of the Court, and by one
Member of the Court, at the close of the public hearing of 10 December 1979.
Copies of the verbatim record of that hcaring were transmitted to Your
Excellency with my letter of yesterday's date.
23. THE REGISTRAR TO THE AGENT OF THE UNIHD STATES OF AMERICA
11 December 1979.
I have the honour to send you hcrewith the text. already communicated to you
by telephone this afternoon, of a question put by Judge Gros in connection with
the request of your Government for the indication of provisional measures in the
case concerning United States Diplomatie and Consular Staff in Tehran.
Question hy Judge Gros
With refcrcnce to the rcply of the Agent of the United States of America to the
Court's question concerning the two United States Consulates al Tabriz and
Shiraz, will the Agent please indicate to the Court whether, following the attack
on these two Consulates in February 1979, the Government of the United States
invoked the Treaty of Amity, Economie Relations and Consular Rights of 15
August 1955, and in particular Article XXI, paragraph 1, thereof; and ifso, will
the Agent please supply copies of any documents relating to the malter?
24. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFl'AtRS OF lRAN
11 Dccember 1979.
1 have the honour to transmit to Your Excellency hcrewith the text of a
question put in writing this afternoon by JudgeGros to the Agent of the United
States of America in the case concerning United States Diplomatie and Consular
Staff in Tehrun.
25. THE REGISTRAR TO THE MINlSTER FOR FOREIGN AFFAIRS OF IRAN
12 December 1979.
Further to my lettcr of 10 Deccmbcr 1979, with which I transmitted to Your
Exceilency copies of the provisional verbatim record of the hearing of that date
in the case concerning United States Diplomatie and Consular Staff in Tehran, 1
now have the honour to send Your Excellency hercwith a copy or the unofficia1
French translation, prepared by the Rcgistry. of that record.
I have the further honour to transmit to Your Excellency a copy of the502 DIPLOMA TIC AND CONSULAR STAFF
original verbatim record incorporating the corrections made by the Agent and
Counsel of the United States of America, pursuant to Article 71, paragraph 4, of
the Rules of Court.
26. THE COUNSEL FOR THE UNITED STATES OF AMERICA TO THE REGISTRAR
12 December 1979.
On behalf of the United States Agent in the case concerning United States
Diplomatie and Consular Staff in Tehran, I wish to acknowledge with thanks
your letter of December 11, 1979, attaching a question put by Judge Gros in
connection with the request of the Government of the United States for the
indication of provisional mcasures.
I have the honor to attach an answer 1 to the question of Judge Gros.
(Signed) Stephen M. ScHWEBEL.
27, THE COUNSEL FOR THE UNITED STATES OF AMERICA TO THE REGISTRAR
12 Decernber 1979.
I have the honor ta refer to the request for interirn rneasures of protection filed
with the Court by the United States on 29 November 1979, and the Oral
Argument of the Agent of the United States of December 10, 1979, in the case
concerning United States Diplomatie and Consular Staff in Tehran, and to altach
the tcrrnsof the final submissions of the United States Request.
10 December 1979.
First, that the Government of Iran imrnediately release ail hostages of United
States nationality and facilitate the prompt and safe departure from Iranof these
persons and ail other United States officiais in dignified and humane circum
stances.
Second, that the Governrnent of Iran immediately clear the premises of the
United States Embassy, Chancery and Consulate in Tehran of ail persans whose
presence is not authorized by the United States Chargéd'Affaires in Iran, and
restore the premises ta United States contrai.
Third, that the Government of Iran ensure that, to the extent that the United
States should choose, and Iran should agree, ta the continued presence of
United States diplomatie and consular personnel in Iran, ail persans attached to
the United States Embassy and Consulates should be accorded, and protected
in, full freedom of movement, as well as the privileges and immunities to which
they are entitled, necessary to carryut their diplomatie and consular functions.
Fourth, that the Governrnent of Iran not place on trial any persan attached to
the Embassy and Consulates of the United States and refrain from any action ta
implement any such trial; and that the Governrnent of Iran not detain or permit
' See pp. 118-119, supra. CORRESPON;JENCE 503
the detention of any such person in conncction with any proccedings, whether of
an "international commission" or otherwise, and that any such person not be
required to participate in any such procceding.
Fifth, that the Governrnent of Iran ensurc that no action is taken which might
prejudice the rightsof the United States in respect of i.:arryingout of any decision
which the Court may render on the merits, and, in particular, neither take, nor
permit, action that would threaten the lives, safety, or well-being of the hostages.
28. THE REG!STRAR TO nrn MlNlSTER FOR FOREIGN AFFAIRS OF !RAN
13 December 1979.
I have the honour to send Your Exccllency herewith a copy of the reply,
received on 12 December 1979, ta the question put by Judge Gros on 11
Decembcr 1979 to the Agent of the United States in the case concerning United
States Diplomatie and Consu/ar Staff in Tehran. A copy of the question put by
Judge Gros was transmitted to you with my Iettcr of II December 1979.
29. THE REGISTRAR Tû THE MINISTER FOR FORHIGN AFFAIRS OF IRAN
13 December 1979.
1 have the honour to scnd Your Excellency herewith a copy of the final
submissions of the United States of America, as to the provisional measures
which it requests the Court to indieate in the case eoncerning United States
Diplomatie and Consular Staff in Tehran; these submissions were filed in the
Registry of the Court on 12 Deccmber 1979.
30. THE COUNSEL FOR THE UNITED STArES OF ,\M!iRICA TO THE REGISTRAR
13 Deccmber 1979.
On behalf of the United States Agent in the case concerning United States
Diplomatie and Consular Staff in Tehran, 1 wish to correct an error whieh is
1
found in the answer to a question of the Court concerning the eategories of
persons held in Iran to which the United States Agent responded in his letter to
you of 11 December I979.
After furthcr review of the information available inWashington, 1 wish to
confirm that the figures given in the dcclaration 2of 6 DeŒmber l979 of Under
Sceretary ofState David D. Ncwsom are correct, to the best of the knowledge of
the Government of the United States; that is, the number of diplomatie staff is at
least28 and the number of administrative and te1hnieal staff is at least 20.Thesc
total figures werc correctly slatcd in the lctter of the United States Agent of 11
December.
However, the number ofmilitary personnel eonsidcred to be on the diplomatie
staff is sevenand the number of rnilitary personnel (apart from seeurity guards)
eonsidered to be on the administrative and technical staff is four.
1 Secp. 116, supra.
2 Secp. 45, supra.504 DIPLOMA TIC AND CONSULAR STAFF
The inaccurate information respecting the positions at the Embassy of two
persons held hostage contained in the answer 1 of 11 December is regretted, but 1
hope that it will be understood that the situation in Tehran has severely
handicapped our ability to respond to the Court's inquiries.
31. 11ΠREGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
13 December 1979.
With rcfcrence to my letter of 11 Decembcr, with which I transmitted to Your
Excellency a copy of the replies furnished in writing by the Agent of the United
States of America in the case concerning United States Diplomatie and Consular
Staff in Tehran to the questions putto him by the President on behalf of the Court,
and by one Member of the Court, at the close of the public hearing of 10
December 1979, 1now have the honour to send Your Excellency herewith a copy
of a letter from Counsel for the United States conceming a correction to one of
those replies. ·
2
32. THE REGJSTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
{telegram)
14 December 1979.
Have honour infonn you Court will hold public sitting in Peace Palace
tomorrow, 15 December at 17 hours, for purpose of announcing its decision of
United States request for provisional measures.
33. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telegram)
15 December 1979.
Have honour inform you that today, 15 December 1979, Court composed as
follows, President Sir Humphrey Waldock, Vice-President Elias, Judges Forster,
Gros, Lachs, Morozov, Nagendra Singh, Ruda, Mosler, Tarazi, Oda, Ago, El
Erian, Sette-Camara and Baxter delivered at a public sitting a unanimously
adopted Order indicating in accordancc with Article 41 of its Statu te the following
provisional measures in the proceedings instituted by the United States:
[See /.C.J. Reports /979, pp. 20-21)
Texte français:
[Ibid.}
The Court further decided that: ''Until the Court delivers its final judgment in
the present case, it will keep the matters covered by the Order continuously
under review."
1See p. 116,supra.
2A similar communication was sent to the Agent of the United States of America and to
the Secretary-General of the United Nations. CORRESPONDENCE 505
Texte français: "Décideque, jusqu 'âce que la Cour rende son arrêtdéfinitifen
l'espèce, elle demeurera saisie des questions qui font l'objet de la présente
ordonnance." The English text is authoritative. An officialcopy of the full Order
bas been dispatched to you today. Other official copies have been handed to
Agent of United States and sent to United Nations Secretary-General for
transmission to Security Council in accordance with Article 41 (2) of Statute.
34. THE REGJSTRAR TO THE SECRET ARY-GENERAL OF THE UNITED NATIONS
(telegram)
15 December 1979.
Have honour inform you, in particular with rcference Article 4 t(2) of Statute,
that Court in Order made today, 15 December, and delivered at public sitting
bas given unanirnous decision on United States request for provisional measures
in case concerning United States Diplomatie and Consular Staff in Tehran.
Dispositif follows beginning with authorita,tive English text:
[See /.C.J.Reports 1979, pp. 20-21]
French lext:
[Ibid.]
Ali 15judges participated. Letter with official text for transmission to Security
Council follows.
35. THE REGJSTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
15 December 1979.
l have the honour, in accordance with Article 4t, paragraph 2, of the Statute
of the Court, to send you herewith an official copy for transmission to the
Security Council of an Ortler of today's date by which the Court has indicated
provisional measures in the case concerning United States Diplomatie and
Consular Staff in Tehran.
36. THF, REG1Sl'RAR l'O THE MINlSTiôR FOR FOREIGN AFFAIRS OF IRAN
(relegram)
19 December 1979.
Have honour inforrn Your Excellency that in accordance with Statute and
Rules President of Court proposes to make Ortler on 24 December 1979fixing
time-limits for wrilten proceedingsincase instituted by United States against Iran
and for that purpose wishes to asŒrtain views of Your Exce\lency'sGovemment
pursuant Rules, Article 31. President has in mind fixing time-limit for United
States Memorial expiring 15 January 1980 and proposes, subject to any views
expressed by Government of Iran, to make Order in following terrns:506 DIPLOMATIC AND CONSULAR STAFF
[Same text as Ortler of 24 December 1979, l.C.J. Reports 1979, pp. 23-24)
May I request indication of views of Your Excellency'sGovemment soonest
possible and not later than Montlay, 24 December?
37. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES 0'AFGHAN1STAN 1
21 décembre 1979.
Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous ce pli, un exemplaire de l'ordonnance rendue par la Cour le 15 décembre
1979 sur la demande en indication de mesures conservatoires soumise par le
Gouvernement des Etats-Unis d'Amérique en l'affaire relative au Personnel
diplomatique et consulaire des Etats-Unis à Téhéran.
38. TIIB AGENT Of THE UNITED STATES OF AMERICA TO THE PRESIDENT OF THE
COURT
Washington, 21 December 1979.
I have the honor to inform you that the Government of the United States has
designated the Ambassador of the United States at The Hague, the Honorable
Geri Joseph, as Deputy Agent in the case concerning United States Diplomatie
and Consular Staff in Tehran.
I further wish to inform you that United States Counse\ in the case, Mr.
Stephen M. Schwebel, has been designated as Deputy Agent and Counsel.
39. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFPAIRS OF IRAN
4 January 1980.
I have the honour to inform Your Exce\lency that the President of the Court
has made an Ortler conceming time-limils in the terms sel out in my telegram of
19 December 1979, of which a copy is enclosed, and to transmit herewith an
official copyof thal Ortler.
Further, printed copies of the Order will be dispatched to you next week.
40, THE REGISTRAR TO THE AGENT OF THE UNITED STATES OF AMERICA
4 January 1980.
I have the honour to transmit to you,herewitb an official copy of the Ortler
dated 24 December 1979 by which the President of the Court fixed time-limits
for the written proceedings in the case concerning United States Diplomatie and
1
Une communication analogue a étéadresséeaux autres Etats admis à ester devant la
Cour. CORRESPONDENCE 507
Consular Staff in Tehran and lO enclose for your information a copy of a
tclegram on the subject which was sent to the Minister for Foreign Affairs of
Iran on \9 Dcccmber 1979 and to which no rcply has bccn receivcd.
Further, printcd copies of the Order will be dispatched to you ncxt week.
41. THE AGENT OF THE UNITED STATl;s OF AMERICA TO THE REGISTRAR
Washington, 14 January 1980.
I wish to thank you for your kind lctler of 18 December 1979,enclosing a
copy of a Note for the parties conceming the printing of pleadings.
I take plcasurc in sending you hcrcwith:
(a) A copy signcd by me as Agent of the Government of the United States of
America of the United States Memoria\ 2 in the case conccming United States
Diplomalic and Consular Staff in Tehran;
(b) A second copy of the Memorial, in which, pursuant to Article 52, para
graph 1,of the Rules of Court, I certify the pleading and the documents annexed
to it;and
(c) 123 additional copies of the Mcrnorial, in which my namc is printed as
Agent but which I have not signed.
42. THE REG!STRAR TO THE MlNISTER FOR FOREIGN AFFAIRS 01' !RAN
(relegram)
15January 1980.
Have honour inform your Exccllcney that United States Mcmorial was filed
today, 15 January. Certificd copy has bcen dispatched to you by rcgistered
ex.press airmaiL
43. THE AGENT OF THE UNITED STATES OF AMERlCA TO THE RIJGISTRAR
Washington, 29 January 1980.
In connection with the case conccrning United States Diplomatie and Consular
Staff in Te/rran, the Dcputy Agent of the United States, Ambassador Geri
Joseph, will be absent from The Hague from 14 February to 22 March 19SO.
I accordingly wish to name the United States Deputy Chief of Mission, Mr.
Thomas J. Dunnigan, who will be Chargé d'Alfaires during that period, as a
Deputy Agent of the United States in the case.
1
2 See pp. 123,247supra.508 DIPLOMATIC AND CONSULAR STAFF
44. THE DEPUTY AGENT OF THE UNITED STATES OF AMERICA TO THE REG!STRAR 1
31 January 1980.
On behalf of the United States Agent and in respect of the current proceedings
before the Court in the case concerning United States Diplomatie and Consular
Staff in Tehran, I would be grateful if you would draw to the attention of the
President and Members of the Court the continuing urgency which the
Government of the United States attaches to the disposition of the case.
ln the view of the Governmenl of the United States, the importance of an
early judgmcnt by the Court on the merits of the case is acute. The urgency of a
judgment stems from the nature of the daims, the dangerous and demeaning
circumslances of the hostages, the threat to the peace which the detention of the
hostages poses, and the failure of the Government of the lslamic Republic of
Iran to comply with the provisional measures indicated by the Court in its Order
of 15 December 1979.
Pursuant to the Order of the President of the Court of 24 December 1979, the
Government of the United States filed its Memorial on 15 January 1980. Under
that Order, the Govemment of Iran is scheduled to file its counter-memorial on
or before 18 February 1980. The Order reserved subsequent procedurc for
further decision.
ln the event that Iran does not file a counter-memorial by 18 February 1980,
and does not seek in pursuance of the Order of 24 December a reconsidcration
of that time-limit, the Government of the United States will be prepared to
proceed with the oral hearing immediately thereafter and would respectfully
request that the Court schedule the hearing prior to the end of the month of
February. ln the event that Iran does file a counter-memorial by 18 February
1980, the Govemment of the United States would remain al the disposai of the
Court in order to submil its views on the timing of future proceedings.
(Signed) Geri M. JOSEPH.
45. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF !RAN
31 January 1980.
I have the honour to transmit herewith to Your Excellency a certified copy of
a letler which the Honorable Geri M. Joseph, Deputy Agent of the United States
of America, addressed to me today on the subject of the case concerning United
States Diplomatie and Consu!ar Staff in Tehran.
2
46. 'THEREGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
1 February 1980.
1 have the honour to send you herewith for your information copies of a
translation into French of the Memorial of the United States of America in the
1See also /.C.J. Reports 1980, p. 22, para. 41.
2A communication in the same terms was sent to the Agent of the United States of
America. CORRESPONDENCE 509
case concerning United States Diplomatie and Consular Staff in Tehran. This
translation has been produced by the Rcgistry for the use of Members of the
Court and has no official character whatever.
47. THE REGISTRAR TO THE SliCRhïARY-GENERAL OF THE UNITED NATIONS
(te/ex)
21 February 1980.
Further proceedings in the case conccrning United States Diplomatie and
Consular Staff in Tehran duc to be considered shortly. President wou1d
appreciate communication of any available information on the Lerms of
reference of the Commission going to Tehran. In particular will the Commission
report to the Secretary-General or to the two States concerned? Most grateful
for early rcply.
48. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
(tele.r:)
21 February 1980.
In rcsponse to your cable to the Secretary-General following is statement
made by Secretary-General on 20 February:
{See p. 455, supra/
This statement contains information requested in aforementioned cable.
49. THE REGISTRAR TO THE MlNIST!lR FOR FOREIGN AFFAIRS OF IRAN
(te/ex)
28 February 1980.
I have the honour to refcr Your Exccllency to the Order of 24 Deccmber I979
in the case instituted by the United States against Iran, under which 18February
I980 was fixed as the time-limit for the filing of the Counter-Memorial of the
lslamic Republic of Iran with liberty for the Republic to apply for reconsidera
tion of that time-limit. As Your Excellcncy will be aware a Counter-Memorial
has not been filed by the Islamic Republic and no request has becn made by il for
the reconsideration of the time-limil.
I have the further honour to inform you that the President of the Court
considers that he must now assume that it is not the intention of the Islamic
Republic to avait itsclf of the possibility of an extension of the time-limit
provided for in the above mentioncd Ortler. The President has therefore to fix
the subscquent procedure in the case in accordance with the Statute and the
Rulcs of Court.
Undcr Article 54 of the Rules of Court upon the closure of the written
proceedings the case bas become ready for hearing and the date for the opening
of the oral hearings has now to be fixcd. For this purpose, pursuant to Article 31
of the Rules, the President desires to ascertain the vicws of Your Excellency's5IO DIPLOMA TIC AND CONSULAR STAFF
Government. Monday, 17 March 1980, appears to him to beone possible date for
theopcning of the hearings, but he would beglad to receive any views which Your
Excellency's Government may wish to express in regard to such date. May 1,
however, respectfully request that any indication ofyour views may be forwarded
to me as soon as possible to rcach me not later than 10 March 1980.
50. THE DEPUTYAGENTOFTHEUNITEDSTATES OFAMERICA TOTHEREG!STRAR
11 March 1980.
On behalf of the United States Agent and in respect of the current proceedings
before the Court in the case conceming the United States Diplomatie and
Consular Staff in Tehran,i would be grateful if you would convey to the Court
that the United States is prepared to proceed with the oral hearings. We would
wish to suggest for the Court's consideration that the oral hearings begin on
Monday, 17 March 1980.
(Signed) Thomas J. DuNNIGAN.
51. THE REGISTRAR TOTHEMINISTER FORFOREIGN AFFAIRS OFIRAN
(te/ex)
12 March 1980.
I have the honour to transmit herewith to Your Excellency the following text
of a letter to the Registrar dated 11 March 1980 from the Deputy Agent of the
USA in the case instituted by the USA against Iran:
[See No. 50, supra]
I have the further honour to inform Your Excellency that the Courtis meeting
on Monday afternoon, 17 March 1980, to determine subsequent procedure. The
President of the Court would be glad to receive any views which Your
Excellency's Government may wish to express in regard to the aforementioned
letter of 11 March 1980. May I further respcctfully request that any indication of
your views may be forwarded to me as soon as possible to reach me not later
than I p.m. on 17 March 1980.
52. THE PRESIDENT OFTHECOURTTOTHESECRETARY-GENERO ALTHEUNITED
NATIONS
(te/ex)
13 March 1980.
1have the honour to refer to your statement of 20 February 1980 announcing
the "establishment of a Commission of enquiry to undcrtake a fact-finding
mission to Iran to hear Iran's grievances and to allow for an early solution of the
crisis between Iran and the United States". I should be grateful to be advised
whether any further information is now available regarding the terms of
reference of the commission. ln that event, I should much appreciatc it if you
could see your way to have the information forwarded to me at your very early
convenience. CORRESPONDENCE 511
53. THE :SECRhïARY-GENERAL 01' THE UNITED NATIONS TO 'THE PRESIDENT OF THE
COURT
(le/ex)
15 March 1980.
With referencc to your cable of 13March, I should like to inform you that in
pursuance of my statemcnt of 20 February, the Commission of inquiry
cstablished to undertakc a fact-finding mission to Iran arrived in Tchran on 23
Fcbruary. Upon its arrivai, the Commission issued a statement indicating that it
had travelled to Iran in order to fulfil the mandate entrusted toit "to undertake
a facl-finding mission to Iran to hear lran's grievances and to allow for an early
solution of the crisis between Iran and the United States".
fSee pp. 457-458, supra/
On 11 March, on its departure from Tehran, the Commission issued a
communiqué as follows:
"With the active co-opcration of the Iranian authorities, the Commission
of inquiry undertook its task in regard to the consideration of ail of Iran's
grievances, and it stands rcady to receive any relevant further documenta
tion that the lranian authorities have indicated that they wish to submit.
With respect lo its contribution to reso\ving the international crisis, the
Commission considcred it irnperativc, in the lightof recent developments, to
procecd to New York in order to confer with the Secretary-Gencral of the
United Nations with a view to pursuing its task, which it regards as
indivisible. Under thesccircumstances, the Commission isnot in a position to
prepare its report. lthas informed the Iranian Government accordingly."
The Commission remained in New York from 12 to 14March. The following
statement was then issucd:
"The Secretary-General held three meetings with the Commission of
inquiry from 12to 14 March 1980, at which a detailed review was made of
the work carried out by the Commission in Tehran. The Commission
informed the Sccrctary-Gcneral of the consultations hcld with the lranian
authorities on the implementation of its mandate, which it regards as
indivisible. The Secretary-General and the Commission also discusscd its
future activilies.
The Secretary-Gencral expressed to the members of the Commission bis
appreciation for thcir untiring and dedicated efforts in the fulfilmcnt of the
tasks entrusted to them. The Sccrctary-General will remain in contact with
the parties and the Commission regarding the resumption of its work."
(Signed) Kurt WALDHEIM.
54. THE CHARGÉ D'AFFAIRES Of IRAN TO THE NeTHERLANOS TO THE REGISTRAR
(lelex)
17 March 1980.
I have the honour to transmit hereby the telex rcceived from Minister for
Foreign Affairs ofth.e lslamic Republic of Iran addressed to the President of the
I.C.J.
fSee pp. 253-254, supra/512 DIPLOMATIC AND CONSULAR STAFF
55. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFl'AIRS OF IRAN
(telex)
17 March 1980.
Have honour inform Your Exce\lency that public hearings will open al 3 p.m.
on Tuesday, 18March 1980. Following is text of communiqué now bcing issucd
by the Registry:
"Following the delivery on 15 December 1979 of the Order indicating
provisional measures, the proceedings have taken the course laid down in
the Statute and the Rules of Court.
By an Order of 24 December 1979 the President of the Court fixed 15
January 1980 as the time-limit for the filing of a Memorial by the United
States, and 18 February 1980as that for the filing of a Countcr-Memorial
by the lslamic Republic of Iran, with liberty for the lslamic Republic, if it
appointed an Agent for the purpose of appearing before the Court and
presenting ils observations on the case, to apply for reconsideration of the
latter time-limit.
The United States filed its Memorial within the time-limit appointed. The
Islamic Republic of Iran did not however filea Counter-Memorial or apply
for an extension of the time-limit.
The phase of written proceedings have thus ended, the Court has now
corne to the oral phase and has fixed Tucsday, 18 March, at 3 p.m., as the
date on which public hearings are to bcgin."
56. THE REG!STRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
18 March 1980.
I have the honour to inform Your Excellency that J have sent under separatc
cover three copies of the provisional verbatim record of the public hcaring hcld
today in the case concerning United States Diplomatie and Consular Staff in
Tehran.
You will sirnilarly be sent three copies of ail further verbatim records in the
case.
57. THE REGISTRAR TO THE MIN!STER FOR FOREIGN AFl'AIRS OF IRAN 1
(telex)
18 March 1980.
1have the honour to refer to Article 53, paragraph 2, of the Rulcs of Court,
which provides that "the Court may, after ascertaining the views of the parties,
decide that copies of the pleadings and documents annexcd shall be made
accessible to the public on or after opening of the oral proccedings".
1shall beobliged if Your Excellency would communicate to the Court as soon
as possible any views which the Governrncnt of the Jslarnic Republic oflran may
1A similar communication was sent to the Agent of the United States of America. COR RESPOND ENCE 513
desire to express on this question in respect of the case concerning United States
Diplomatie and Consular Staff in Tehran.
58. THE AGENT OF 'fHE UNITED STATES OF AMERICA TO THE REGISTRAR
18 March l980.
[ wish to acknowlcdgc with thanks your kind lcttcr of 18 March 1980 rcferring
to the provision of Article 53, paragraph 2, of the Rules of Court, respecting
making plcadings and documents accessible to the public.
1 have the honor to inform you that the Governmcnt of the United States
favors now making availablc to the public the pleadings and annexed documents
filed by the United States in the case concerning United States Diplomatie and
Consu/ar Staff in Tehran.
59. THE AGENT OF THE UNITED STATF.S OF AMERICA TO THE REGISTRAR
19 March 1980.
Inquiry has bcen raised about the nature and public character of the reports of
the United States Foreign Broadcast Information Service, transcribed passages
of which have been reproduced in the United States Memorial and oral
arguments in the case concerning Uniled States Diplomatie and Consular Staff in
Tehran.
1 take plcasure in attaching a lctter 1 of 14 March 1980 from Mr. John F.
Pereira, Dircctor of the Foreign Broadcasl Information Service, which dcscribes
the accuracy, authenticity, and public availability of FBIS publications.
Ishould add that, in a numbcr of cases, the United States Memorial and oral
argument reproduce or refer to cxccrpts from FBIS materia1s relating to Iran
and do not providc the full texts of thosc materials. Those full tcxts are on file in
Washington and can be providcd to the Court in any instance where it may be
requestcd.
60. THE REG!STRAR TO 'fHE r,IINISTER FOR FOREIGN AFFAJRS OF IRAN
(te/ex)
19 March 1980.
1have the honour to inform Your Excellency that with the record of today's
hcaring you will also receive thrce photocopies of a letter oftoday's date handcd
to me by the Agent of the United States and rcading as follows:
/ SeeNo. 59, supra/
Letter of Mr. Pereira reads as follows:
{See pp. 329-330, supra/
1
Sec pp. 329-330. supra.514 DIPLOMATIC AND CONSULAR STAFF
61. THE AGENT OF THE UNITED STATES OF AMERICA TO THE REGISTRAR
19 March 1980.
In accordance with Article 56 of the Rulcs of1Court, I have the honor of
submitting herewith Supplemcntal Documents in the case concerning United
States Diplomatieand Consu/arStaff in Tehran. Thcse documents consist of public
statements which are readily available, consisting as theydof publications of the
Foreign Broadcast Information Service, of the United Nations Oepartment of
Public Information, and White House or Department of State press releases.
1 herehy attest to and certify the accuracy of the attached Supplemental
Documents.
62. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(te/ex)
20 March 1980.
1 have the honour to inform Your Excellency that have received the
following lettcr from the Agent of the United States:
[See No. 61, supra]
A complete set of the documents referred to, covered by an original letter of
certification in the aforesaid terms, is being sent to you by express airmail.
63. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
20 March 1980.
I have the honour to enclose for Your Excellency'sconvenience a copy of the
unofficial French translation, prepared by the Registry, of the provisional
verbatim record of the public sitting of 18 March I980 in the case concerning
United States Diplomatie and Consu/ar Staff in Tehran, and to advise you that a
copy of the French translations of the records of the further hearings willalso be
sent to you when completed.
1take this opportunity of further advising Your Excellency that copies of cach
of the original verbatim records of the prescnt hearings, incorporating the
corrections made by the Agent and Counsel of the United States of America,
pursuant to Article 71, paragraph 4, of the Rules of Court, will be sent to you
shàrtly in one dispatch.
64. THE AGENT OF THE UNITED STATES OF AMERICA TO THE REGISTRAR
20 March 1980.
Pursuant to Article 60, paragraph 2, of the Rules of Court, I have the honor to
attach a signed copy of the final submissions of the Government of the United
1
See pp. 33!-462, supra. CORRESPONDENCE 515
States of America in the case concerning United States Diplomatie and Consu/ar
Staff in Tehran.
[See pp. /90-191, supra/
65. THE REGISTRAR TO THE MINISTI;R FOR FOREIGN AFFAIRS OF IRAN
(telex)
20 March 1980.
1 have the honour to inform Your Excellency that a copy of the final
submissions of the United States is being dispached to you today in accordance
with Article 60 (2) of the Rules of Court. For your immediate information their
text is identical with the submissions appearing in the Memorial 1•
66. THE REGISTRAR TO THE AGENT OF THE UNITED STATES OF AMb'RICA
21 March 1980.
On the instructions of the President of the Court I have the honour to send
you herewith the text of an additional question which has bcen put by Judge
Gros in the case concerning United States Diplomatie and Consu/ar Staff in
Tehran. 2
r would appreciate itif your reply were submitted in writing as soon as
possible.
Question de M. Gros
3
A \'audience du 19 mars 1980 (CR 80/2) , Mon~ieur l'agent du Gouverne
ment des Etats-Unis a donnéquelques exemples du genre de traitement infligé à
des otages pendant les premières semaines de leur captivité. Monsieur l'agent
pourrait-il adresser à la Cour un exposésur les différentstémoignagesrecueillis
auprès de ces otages décrivant plus complètement les diverses mesures qui leur
furent imposées?
67. THE REGISTRAR TO THE MlNISTièR fOR FOREIGN AFFAlRS OF !RAN
{te/ex)
21 March 1980.
1 have the honour to inform Your Exccllcncy that on the close of the oral
proceedings in the case conccrning United States Diplomatie and Consular Staff
in Tehran Judgc Gros requested that the following addilional question be put to
the agent of the United States:
[See No. 66, supra/
This question has bccn transmitted to the Agent of the United States with a
rcquest for an early written answcr.
1See pp. 190-191, supra.·
2Sec pp. 463-474, supra.
3See pp. 301-302, supra.516 DIPLOMATIC AND CONSULAR STAFF
68. THE REGISTRAR TO THE M!N!STER FOR FOREIGN AFFAIRS OF !RAN 1
(te/ex)
25 March 1980.
1have the honour to refor to my telex message of 18 March, inviting the views
of Your Excellency's Govcrnmcnt on the question of making accessible to the
public the pleadings and annexed documents in the case concerning United
States Diplomatie and Consular Staff in Tehran pursuant to Article 53 of the
Rules of Court.
I now have the honour to inform Your Excellency that the Court, taking into
account the views of the United States, in a lctter dated 18 March 1980,that "the
Government of the United States favours now making available to the public the
pleadings and annexed documents filed by the United States" in the case, and
having given Your Excellency's Government an opportunity of giving its views,
has decided to make the pleadings and annexed documents accessible to the
public with effect from 25 March 1980.
69. THE REGJSTRAR TO THE MIN!STER FOR FOREIGN AFFA!RS OF IRAN
(te/ex)
28 March 1980.
With reference to my telex of21 March I have the honour to inform you that I
have received from the United States Deputy Agent in The Hague a letter of
today's date in the following terms:
[See pp. 463-474, supra/
A copy of the letter and of its six enclosures arc being dispatched to you.
70. THE REG!STRAR TO THE AGENT OF THE UNITED STATF.S OF AMERICA
(tele;r)
IOApril 198_0.
On the instructions of the President of the Court I have the honour to scnd
you the following request, in accordance with Article 49 of the Statutc of the
Court, for additional information in the case concerning United States Diplo
matie and Consular Staff in Tehran to be supplied as soon as possible 2:
1. A copy of the official text of the announcement by President Carter of the
breaking-off of diplomatie relations between the United States and Iran.
2. Copies of any official statements of the United States Government made in
connection therewith.
3. A copy of the diplomatie Note dclivered to the Iranian Chargé d'Alfaircs
informing him of the breaking-olf of diplomatie relations between the
United States and Iran.
1
2 A sirnilar communication was sent to the Agent of the United States of America.
See pp.475-482,supra. CORRESPONDENCE 517
4. Information as to statcments relevant thereto made by Jranian authorities or
by those holding the hostages immediately prc.-cedingor following upon
President Carter's announcement of the breaking-off of diplomatie relations.
71. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(te/ex)
10 April 1980.
I have the honour to communicate hereunder to Your E,cccllency the tcxt of a
message I have sent by tclex today to the Agent of the United States in the case
concerning the United States Diplomatie and Consular Stafl'in Tehran:
[See No. 70, supra]
72. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(le[ex)
15April 1980.
1 have the honour to rcfcr lo my te\ex. communication of 10 April, and to
transmit to you below the tcxt of a letter date15 April 1980 and receivcd today
from the Deputy Agent of the United States in the case conccrning United States
Diplomatie and Consular Suif! in Tehran:
[See pp. 475-482, supra/
That letter encloscd 1hc texts of an announcement bv President Caner on 8
April 1980, State Dcpanment press release of8 April ·1980,memorandum for
Secretary of the Trcasury of7 April 1980, Note delivered to lranian Embassy in
Washington on 7 April 1980, and a number of reports of statcmcnts relevant to
the breaking-off of relations said to have been made by lranian authorities or
by those holding the hostagcs immediately preceding or following President
Cartcr's announcement. A copy of the lcttcr and of these texts is bcing airmailed
to Your Exccllency today.
73. THE REGISTRAR TO THE DllPUTY AGENT OF THE UNITED STATES OF AMERICA
17 April 1980.
1 have the honour to transmit to Your Excellency the cncloscd additional
question addresscd by fodgc Gros to the Agent of the United States in the case
conceming United States Diplomatie and Consu/ar Staff in Tehran, togelher with
an unofficial translation thereof.
Question de M. Gros
L'attaque, le 14 février1979, de l'ambassade des Etats-Unis à Téhéranet la
capture du personnel diplomatique qui s'y trouvait sont décrites dans la Revue
gènéraJede droit international p11blic, 1979, pages 1023-1024, de la manière
suivante:518 DIPLOMATIC AND CONSULAR STAFF
«ÉTATS-UNIS ET IRAN
Attaque de /'ambassade des Etats-Unis à Téhéran
(14 février 1979)
Un groupe d'iraniens armésdéclarant appartenir au «fedayin» (guéril
leros iraniens marxistes-léninistes) a pris pendant quelques heures, dans la
matinée du 14 février 1979, le contrôle de l'ambassade des Etats-Unis à
Téhéran,faisant prisonnières les soixante-dix personnes qui s'y trouvaient,
y compris l'ambassadeur, M. William Sullivan. Des membres du Gouverne
ment iranien, le vice-premier ministre et le ministre des affaires étrangères,
sont alors venus sur place pour veiller au rétablissement de l'ordre et à la
restitution de l'ambassade à ses occupants légitimes. On comptait deux
morts parmi les assaillants et deux blesséslégersdans les rangs des marines
qui défendaient l'ambassade.
L'attaque arméeavait commencévers lO heures du matin par de violents
tirs d'armes automatiques à partir des toits des immeubles entourant
l'ambassade. Les dix-neuf marines chargés de la protection du bâtiment
avaient riposté.D'après un témoin M. Sullivan avait ordonné aux fusiliers
marins de cesser le feu pour éviterune plus grande effusion de sang et le
personnel de l'ambassade «s'était rendu». Selon l'agence Reuter les com
bats ont duré une heure et vingt minutes. L'ambassadeur et son personnel
auraient étévus quittant le bâtiment les larmes aux yeux à la suite de
l'utilisation de gaz lacrymogène. Certains membres du personnel avaient les
mains en l'air. L'ayatollah Khomeiny a condamné l'attaque de la représen
tation diplomatique américaine dèsqu'il en a eu connaissance.
Au cours de l'attaque lestechniciens de l'ambassade avaient brûléou mis
hors d'usage le matérielélectronique de communication et des codes d'une
valeur de 500 000 dollars. Les assaillants avaient commis d'importants
dégâts à l'intérieurde l'immeuble, brisant des vitres et jetant des livres à
terre'.
1
Herald Tribunedu 15 février 1979.»n, Figaro, Journal de GenèveetInternational
Le récitde ces événementsest ainsi complétédans Keesing's Contemporary
Archives, 1979, page 29745: «M. Sullivan (l'ambassadeur des Etats-Unis) était,
dit-on [menacé]avec un couteau tenu sur son cou.»
Monsieur l'agent du Gouvernement des Etats-Unis peut-il, d'une part,
confirmer l'exactitude de toutes ces indications, d'autre part, préciser quelles
autorités gouvernementales intervinrent pour mettre fin à la capture du person
nel diplomatique le 14 février1979, de quelle manière et dans quels délais?
74. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(te/ex)
18 April 1980.
I have the honour to inform Your Excellency that the following question was
yesterday transmitted on behalf of Judge Gros to the Deputy Agent of the
United States concerning United States Diplomatie and Consular Staff in Tehran:
[See No. 73, supra/ CORRESPONDENCE 519
75. THE REG!Sl1>..AR'TO 'THE M!N!S'TER FOR FOREIGN AFl'AIRS OF !RAN
(te/ex)
22 April 1980.
I have the honour to refer to my telex communication of 18 April 1980 and to
transcribe below the textof the reply received today from the Deputy Agent of
the United States in the case conceming United States Diplomatie and Corisular
Staff in Te/mm to the question put by Judge Gros on 17 April:
[See p. 483, supra/
76. TIIE DEl'UTY AGENT OF THE UNITED STATES OF AMERICA TO nm REG[STRAR
23 April 1980.
On behalf of the Government of the United States, I have the honor to
respond to the question of Judge Gros, dated April 17, 1980:
[Text /randed to the Registra, on 22 April 1980; seep. 483, supra/
(Signed) Geri M. JOSEPH.
77. THE Rl:GISTRAR TO THE DEPUTY AGENT Of THE UNITED STATES Of AMERICA
25 April 1980.
I have the honour lO infonn Your Excellency that the President of the Court
desires to receive official communication of any statements made by or on behalf
of the President and Govemment of the United States regarding the opcration
which is the subject-mattcr of the statement reported to have bcen made today
by the President of the United States of America and of any furthcr official
statcrnents that may subscquently be made with regard to that matter.
78. nrn REGISTRAR TO THE MINISTER FOR FOREIGN AFFA[RS OF !RAN
(te/ex)
25 April 1980.
I have the honour to infonn Your Excellency lhat I have today addressed to
the United States Dcputy Agent in The Hague a lctter in the following tcrms:
{See No. 77, supra}
79. THE DEPUTY AGENT OF THE UNITED STATES OF AMERICA TO THE REGISTRAR
1 May 1980.
On behalf of the Government of the United States, 1have the honor to refer to
the Court's request of 25 April 1980, for additional information relating to the520 DIPLOMATlC AND CONSULAR STAFF
case concerning United SIates Diplomatie and Consular Staff in Tehran, and to
attach the information which the Court has requested.
(Signed) Geri M. JOSEPH.
80. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telex)
1 May 1980.
Ihave the honour to inform Your Excellency that in response to the rcquest
for additional information which I conveyed on 25 April to the United States
Deputy Agent in The Hague I have received from the Govemment of the United
States communication of the following public statements made on that date:
1. 1.15a.m. est. White House announcement,
2. 7 a.m. est. statement by President Carter,
3. United States report to Security Council under Charter, Article 51,
4. statement of United States Secretary of Defense.
In addition the United States Govemment supplied the text of President
Carter's letter of26 April 1980to the Speaker of the H ouse of Representatives and
the President pro tempore of the Senate, a text which has likewise been made
public. ·
81. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN 2
(telegram)
21 May 1980.
Have honour inform you Court will hold public sitting in Peace Palace,
Saturday 24 May, at 10 hours for purpose of delivering its judgrnent in case
conceming United States Diplomatie and Consular Staff in Tehran.
82. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telex}
24 May 1980.
Have honour inform you that today, 24 May 1980, Court composed as
follows: President Sir Humphrey Waldock, Vice-President Elias, Judges Forster,
Gros, Lachs, Morozov, Nagendra Singh, Ruda, Mosler, Tarazi, Oda, Ago, El
Erian, Sette-Camera and Baxter delivered at a public sitting a Judgment the
operative part of which is as follows:
[See T.CJ. Reports 1980, pp. 44-45)
1
2See pp. 484-489,supra.
Similar communications were sent to the Agent of the United States of America and to
the Secretary-Generalof the United Nations. CORRESPONDENCE 521
Texte français: [Ibid.}
The English text is authoritativc. An officia!"copy of the full Judgment has
been dispatchcd Loyou today. Othcr official copy has been handed to Agent of
United States.
83. nrn REGISTRAR TO THE SECRIITARY-GENERAL OF THE UNITED NATIONS
(te/ex)
24 May 1980.
Have honour inform you thal loday. 24 May 1980, International Court of
Justice dclivcrcd al a public sitting a Judgment in the case concerning United
States Diplomatie and Consular Stq/j" in Tehran ( United States of America v.
Iran). the opcrative part of which is as follows:
[See I.C.J. Reports 1980, pp. 44-45]
Texte français: / IbiJ.
1
84. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRr>S o'AFGHANJSTAN
12 juin 1980.
Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous cc pli, un exemplaire de l'arrêtrendu par la Cour le 24 mai 1980 en l'affaire
du Personnel diplomatique el consulaire des Etats· Unis à Téhéran.
85. THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
18 June 1980.
Pursuant to Article 95, paragraph 3, of the Rules of Court, 1have the honour
to scnd you herewith a eopy of the Judgmcnt delivered by the Court on 24 May
1980 in the case concerning United States Diplomatie and Consu!ar Staff in
Tehran.
You will recall that with a lcttcr of 15 Deccmbcr 1979 1sent you a copy, for
transmission to the Sccurity Counci\, of the Ortler made by the Court on that
date indicating provisional mcasurcs in this case. May I draw your attention to
the fact that such measures wcre cxpressed to be indicatcd by the Court
·'pcnding its final decision in the proceedings".
' Une communication analogue a étéadresséeaux autres Etats admis à ester devant la
Cour.522 DIPLOMA TIC AND CONSULAR STAFF
86. THESECRETARY·GENER OFLTHE UNITED NATIONS TOTHEPRF.SJDENO TFTHE
COURT
(telex)
20 Jan uary 1981.
The following letter datcd 19 January 1981 from the Permanent Represcnta
tive of the United States of America to the United Nations was handed over to
me today:
"Exccllency,
I have the honor to transmit the following message from the President of
the United States:
'I am pleased to inform you that we have reached an agreement to free
the 52 Americans now held hostage in Iran. We expect they will leave Iran
shortly on their way home to the United States. I would appreciate it ifyou
would infonn offi.cially the members of the United Nations Security
Council, the representatives of Member States of the United Nations and
the President of the International Court of Justice of this development.
With the release of our hostages, the United States considcrs that Iran
has complied fully with Security Council resolutions 457 of Oeccmber 4,
1979 and 461 of December 31, 1979 and with the Judgment of the
International Court of Justice of May 24, 1980.
The United States has greatly appreciated your tireless public and privatc
efforts, as well as thosc of the Security Council and other Member States
who for the past year have sought means to gain the release of the hostages.
We arc particular\y indebted to you, the members of your staff, and the
national representatives who served on the United Nations Commission
which travelled to Iran last ycar in search of a solution to this crisis.
This long ordeal for the hostages, their families and the people of 1he
United States is now over. The United States Governmcnt hopcs and
believes that with the end to this extraordinaridifficult period for the
international community ail of us will be able to consider together how we
might best ensure that such an occurrence is not repeated so that interna
tional relationsamong nations can better develop on a normal and
constructive basis. My Government pledges itself to that objective.
Once again, Mr. Secretary-General, my Government extends its deepest
gratitude to you and Member States of the United Nations who have
worked and agonized with us over the past year.
Jimmy CARTER.'
Accept, Excellency, the assurances of my highest consideration.
Sinccrely,
Donald F. McHENRY."
87. THEREGISTRAT ROTHEAGENTOFTHE UNITED STATES OFAMERICA
23 February 1981.
The Secretary-General of the United Nations has communicated to the
President of the InternationalCourt of Justice the text of a letter dated 19
January 1981 from the Permanent Representative of the United States of CORRESPONDENCE 523
America, transmitting a message whereby the President of the United States
informed the Secretary-General that an agreement has been reached for the
freeing of the American citizcns held in Iran and stated that, wilh their relcase,
the United States considercd that Iran had fully complied with Security Council
resolutions 457 and 461 and with the Court's Judgmcnt of 24 May 1980.
You will rccall that at the conclusion of that Judgment the Court reservcd the
subsequent procedure in the case institutcd by your Govemment concerning
United States Diplomatie and Consular Staff in Tehran. The case accordingly
rcmains upon the Court's Gcncral List, and I would venture to draw your
attention to the provisions of the Ru les of Court concerning the discontinuance
of proceedings. l should also grcatly appreciatc it if, in any event, a certified copy
of any official instrument incorporating the above-mentioned agreement were
now to be furnished to the Court.
I writc upon the instructions of the President and in view of the fact that the
Court will shortly be assembling to dcal with the judicial and other business
upon its agenda.
{Signed) Santiago TORRF.S BERNÂRDEZ.
88. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
(te/ex)
10 March 1981.
Further our telephone conversation following is text of message addrcssed by
US Secretary of State to Secretary-General:
''!have refercncc to the message delivered to you from President Carter
on January 19, 1981,rcgarding the agreement ofthat date on the release of
the 52 American nationals hcld hostage in Iran. That message includes a
sentence stating that
'With the release of our hostages, the United States considers that Iran
has complied fully with Securily Council resolutions 457 of December 4,
1979, and 461 of Deccmbcr 31, 1979, and with the Judgment of the
International Court of Justice of May 24, 1980.'
1should like to clarify that this sentence rcferred only to the requirement
of release contained in these instruments. Il willbe undcrstood, lhereforc,
that the United States does not coosider that Iran had responded fully to
the letter or spirit of other requirements of the foregoing Security Council
resolutions or of the Judgment of the International Court of Justice. For
example, the Government of Iran has not returned to the United States the
premises, property, archives and documents of the US Embassy in Tehran
and of its Consulates in lran, as ordcrcd by the Court in its Judgmcnt. Mr.
Secretary-General, I should like to extcnd once again my Government's
deepest gratitude to ail thosc who sought to gain the release of our
diplomats and other American citizens and to rcstore the rule of law to its
rightful place in the protectionof diplomats. 1should be most appreciative
if you would transmit this message to the Mcmbcrs of the United Nations
Security Council and the reprcsentatives of membcr States of the United
Nations. We will be communicating directly with the President of the
International Court of Justice. Alexander Haig.''524 DIPLOMATIC AND CONSULAR STAFF
89. THEDEPUTYAGENT OF THEUNITEDSTATES OF AMERICA TOTHEPRESIDENT
OF THE COURT
6 April 1981.
The United States Agent has received the Registrar's letter of 23 February
1981 referring to the proceeding instituted by the Government of the United
States of America on 29 November 1979 in the International Court of Justice
against the Government of Iran in the case concerning United States Diplomatie
and Consu/ar Staff in Tehran.On 24 May 1980 the Court rendered judgment in
the case for the United States, deciding that Iran had violated international law
and was under an obligation to make reparation for the injuries caused, while
rcscrving for subsequent procedure the form and amount of such rcparation.
Effective 19 January 1981 the United States and Iran entered into certain
mutual commitments in order to resolve the crisis arising out of the detention of
the fifty-two United States nationals, and for the settlement of daims between
the United States and Iran, as reflected in two declarations issued on that date by
the Governmcnt of the Democratic and Popular Republic of Algeria. Those
declarations providc that upon the certification by the Government of Algeria
that the fifty-two US nationals had safely departed from Iran, "the United States
will promptly withdraw ail daims now pending against Iran before the
International Court of Justice ... ".
Accordingly, and in accordance with Rule 88 (1), rrequesl, on behalf of the
United States of America, that al! pending proceedings rclating to United States
daims against Iran for reparation be discontinued. The United States reserves
the right, however, to reinstitute such proceedings if the Government of Iran
failsto live up 10 ilscommilments under the foregoing declarations. Jndepen
dcntly of the foregoing, the United States reserves the right to seek redress in the
Court if Iran fails to return promptly the premises, propcrty, archives and
documents of the United States Embassy in Tehran and of its Consulates in
Iran.
With regard to the communication from the Secretary-General of the United
Nations referred to in your letter, I should like to call your attention to the
enclosed Jetter sent by Secretary of State Alexander M. Haig, Jr., to the
Secrctary-General on 3 March 1981 Sec.etary Haig's lctter corrects a mistake
in the prior correspondence and makes c\ear the United States view that Iran has
not complied fully with the judgment of the Court of 24 May 1980.
(Signed) Thomas J. DUNNlGAN.
90. THE DEPUTY AGENT OF THE UNITED STATES Of AMERICA TO THE REGJSTRAR
7April 1981.
2
As promised, 1 am sending you a copy of the "Algerian Dcclarations on
Hostages Issue". As soon as we receive a certified copy of the declarations, I will
forward it to you.
(Signed) Thomas J. DuNNIGAN.
1
2 See No. 88,supra.
Not reproduced. CORRESPONDENCE 525
91. THE PRESIDEt\'T OF THE COURT TO THE DEPUTY AGENT OF THE UNITED STATES
OF i'.MERICA
15 April 1981.
l write to acknowledge the receipt of your letter of 6 April \98\ re\ating to the
proceedings in the case concerning United States Diplomatie and Consular Staff
in Tehran, which 1have duly brought to the attention of the Court.
ln your lettcr you rcfcrred to "certain mutual commitments" entered into by
the United States and Iran on 19January 1981 "as rcftcctcd in two declarations
issued on that date by the Government of the Dcmocratic and Popular Republic
of A!geria". On 23 Fcbruary, as you will recall, the Rcgistrar on my instructions
asked that certificd copies of any official instrument incorporating the above
mentioned agreement of 19 January 1981 should be furnished to the Court.
Certified copies of the texts of the declarationsto which you refer in your lcttcr
have not, however, yct bccn received by the Court, though copies of those
dedarations in the English language, published by the United States, have been
communicated to it. Having regard to the significance of those declarations in
the present connection, r must stress once more that the Court desires to be
furnished at an carly date with certified copies of the instruments incorporating
the declarations. The Court desires further to be informed whether the declara
tions in question werc drawn up in the English language and, if not, in what
language and to be supplied with any language version in which the declarations
may have becn drawn up.
ln paragraph 3 of your letter you state that "in accordance with Rule 88 (1)"
you request, on behalf of the United States of America, "that ail pcnding
proceedings relating to United States daims against Iran for reparation be
discontinued". This request, the Court notes, is accompanied by a reservation
couched in the following Lerms:
"The United States reserves the right, however, to reinstitute such
proccedings if the Government of Iran fails to live up to its commitments
under the foregoing declarations." ·
The Court desires to be informed whether, by that sentence, the United States
intends that the discontinuance which it requests of the proceedings provided for
in paragraph 6 of the Court's Judgment of 24 May 1980is to be subject to the
condition thal it shall retain the right, in the cireumstanccs indicated in the
sentence, to reinstitute and pursue those proccedings, notwithstanding the
present request for their discontinuance. Article 88, paragraph 1, of the Rules
provides, in certain circumstances, for the discontinuance, without any condi
tion or qualification, of proceedings in a case and the removal of the case from
the Court's list also withoul any condition or qualification. Accordingly, if the
above is the meaning to be givcn to the sentence in question the discontinuance
requested by your Government could not be considcred by the Court as falling
wilhin the terms of Article 88, paragraph 1, of the Rules.
92. THE REGISTRAR TO THE MINISTER FOR FORBIGN AFFAIRS OF IRAN
15April 1981.
I have the honour to enclose herewith a copy of a letter addressed on 6 April
1981 to the President of the Court by the Dcputy Agent of the United States
before the Court in the case conceming United States Diplomatie and Consular
Staff in Tehrnn and also of the reply sent on lS April 1981.526 DIPLOMATIC AND CONSULAR STAFF
93. THE DEPUTY AGENT OF THE U:NITED STATES OF AMERICA TO THE PRFSIDENT
OF THE COURT
1 May 1981.
Thank you for your letter of April 15, 1981, requesling clarification of the
United States rcquest of April 6, 1981, for discontinuancc of proceedings in the
case conccming the United States Diplomatie and Consular Staff in Tehran.
The United States considers Article 88 (1) the appropria te rulc under which to
seek a discontinuance, where, as here, the parties have concurred in such an
action, but where the parties have not agreed lhat the ordcr for removal of the
case from the lisl should record that the agreement to discontinue is in
consequence of having rcached a seulement of the underlying dispute and have
not agreed to indicate in or annex to the order the terms of such seulement.
In seeking a discontinuance, we intend that ail currently pending proceedings
relating to the United States claims against Iran for reparation bediscontinued,
and that the Court issue an order recording the discontinuance and directing the
removal of those proceedings from the list. We understand thal the effect of a
discontinuance is exdusively procedural; that is, a discontinuance ends the
current proceedings without affecting any right to institutc new proceedings with
regard to the same or related daims in the future, should circumstances so
warrant. Barce/ona Traction, Light and Power Co., Limited, Preliminary Objec
tions, Judgment, I.C.J. Reports 1964, p. 6. The statement cited in your letter of
April 15, 1981,that "The United States reserves the right, however, to reinstitute
such proceedings if the Government of Iran faits to live up to its commitments
under the forcgoing declarations", was intendcd to rcflcct for the record our
understanding that the rcquest for discontinuance would ncither rcnounce nor
prejudice any further right of action with regard to these daims in the
circumstances mentioned in that statement. The statement was not meant to
condition or qualify the normal procedural effect of a discontinuance.
The United States hopes that the Court will consider lhis an adequate
clarification.
{Signed) Thomas J. DUNNIGAN.
94. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
4 May 1981.
Further to my lclter of 15 April 1981, I have the honour to send Your
Excellency herewith a copy of a letter addressed on I May 1981to the President
of the Court by the Deputy Agent of the United States in the case concerning
United States Diplomatieand ConsularStaff in Tehran. 1have the honour further
to inform Your Excellcncy that on 1 May 1981 the Deputy Agent of the United
States filed in the Registry certified copies of the Declarations made by the
Government of the Democratic and Popular Republic of Algeria on 19January
1981, referred to in the letter from the President of the Court to the Deputy
Agent dated 15 April 1981, together with related documents; a list of the
documents so filed is attached hereto.
Docwnents filed {in certified copy) in the Registry of the Court by the Deputy
Agent of the United States of America on JMay 1981
1. Dedaration of the Government of the Democratic and Popular Republic of
Algeria (Basic Declaration) (English texts).
1Not reproduced. CORRESPONDENCE 527
2. Undertakings of the Government of the United States of America and the
Government of the [slamic Republic of Iran with Respect to the Declaration
of the Govemment of the Dcmocratic and Popular Republic of Algeria
(English tcxts).
3. Declaration of the Govemment of the Democratic and Popular Republic of
Algeria Conccrning the Settlcment of Claims by the Government of the
United States of America and the Government of the lslamic Republic of
Iran (English and Farsi texts).
4. Dcclaration of Adhercncc by the Govemment of the lslamic Republic of
1ran to the Undertakings of the Governrnent of the United States of
America and the Govemment of the Islamic Republic of Iran with respect to
the Declaration of the Government of the Dcmocratic and Popular Republic
of Algeria (English and Farsi texts).
S. Declaration of Adhcrence by the Government of the lslamic Republic of
Iran to the two declarations issued by the Government of the Democratic
and Popular Republic of Algeria relating to (l) the detention of the 52
United States nationa\s in Iran, and (2) the settlemenl of claims between Iran
and the United States (English and Farsi texts).
6. Escrow Agreement among the Government of the United States of America,
the Federal Reserve Bank of New York acting as fiscal agent of the United
States, Bank Markazi Iran as an intcrested party and the Banque Centrale
d'Algérieacting as ESCROW agent (English text).
1
95. THE REGISTRAR TO THE MINISTl'.RFOR FOREIGN Al'l'A\RS OF 1RAN
12 May 1981.
Further to my letters of 15 April and 4 May 1981 enclosing copies of
correspondcnce with the Deputy Agent of the United States of America in the
case conceming United Srates Diplomatie and Consular Staff in Tehran, I have
the honour to inform Your Excellency that the President of the Court has today
made an Order 2 rccording the discontinuance of the proccedings and removing
the case from the list. 1enclose the sealed copyof the Order for the Govemment
of the Islamic Republic of Iran; further printed copies will be despatched in duc
course.
96. THE REGISTRAR TO THE Sl:CRETARY-GENERAL OF THE UNITED NATIONS
(te/ex)
13 May 1981.
rhave the honour to inform you on J2 May 1981 the President of the Court
made an Order recording the discontinuance of the proceedings in the case
conccming United States Diplomatie and Consu/ar Sta,ffin Tehran (United States
of America v.Iran) and rcmoving the case from the list. Copies of the Ordcr are
bcing transmitted to you by mail.
1
2 A similar communication was sent to the Agent of the United States of America.
I.C.J. Reporls 1981, 45. ·528 DIPLOMATIC AND CONSULAR STAFF
1
97. LE GREFFE AU MINISTÈRE DES AFFAIRES ÉTRANGÈRES D'AFGHANISTAN
29 mai 1981.
Le Greffe de la Cour internationale de Justice, se référantà sa lettre du
6 décembre 1979 transmettant un exemplaire de la requêteintroductive d'in
stance en l'affaire relative aPersonnel diplomatique et consulaire des Etats- Unis
à Téhéran(Etats-Unis d'Amérique c. Iran), ainsi qu'à sa communication du
12juin 1980à laquelle un exemplaire de l'arrêtrendu par la Cour le 24 mai 1980
en l'affaire était joint, a l'honneur de transmettre ci-inclus une copie de
l'ordonnance par laquelle, le 12 mai 1981, le Présidenta prescrit de rayer ladite
affairedu rôle de la Cour.
1
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