Oil Platforms (Islamic Republic of Iran v. United States of America) - Extension of time-limits for the filing of written pleadings

INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJThe Hague. Tel.(31-70-302 23 23). Cables: Intercourt. The Hague.

Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
forimmediaterelease

No. 98/42
9 December 1998

Case concerning Oil Platforms
(Islamic Republic of Iran v. United States of America)

Extension of time-limits for the filing of written pleadings

THE HAGUE, 9 December 1998. The International Court of Justice (ICJ) has extended the

time-1imits forthe filing ofwritten pleadingsthe case conceming Oil Platforms (Islamic Republic
of Iran v. United States of America).

By an Order dated 8 December 1998 the Court extended ta 10 March 1999 the time-limit for

the fi ling of the Reply of Iran and to 23 November 2000 the time-limit for ·the filing of the
Rejoinder of the United States.

In a letter dated 12 November 1998 Iran bad requested the Court ta extend ta 10March 1999

the time-limit for theiling of its Reply, exp1ainingthe reasons for that request. The United States
had consented ta that extension, provided that the time-limit fixed for the filing of its Rejoinder be
extended likewise.

The subsequent procedure was reserved for further decision.

Background information

On 2 November 1992the Islamic Republic oflran filed anApplication instituting proceedings

against theUnited States with respect ta the destruction of Iranian ail platforms.

Iran founded the jurisdictionof the Court on Article XXI, paragraph 2, of the Iran/United
States Treaty of Amity, Economie Relations and Consular Rights, signed at Tehran on

15 August 1955.

ln its Application Iran alleged that the destruction caused by several warshipsthe United
StatesNavy, on 19 October 1987 and 18 April 1988,ta three offshore oi1production complexes,
owned and operated for commercial purposes by the National Iranian Oit Company, constituted a

fundamental breach of varions provisions of the Treaty of Amity and of international law. In this
connection Iran referred in particular ta Articles 1and X, paragraph 1, of the Treaty which provide
respectively: "There shall be firm and enduring peace and sincere friendship between the
United States of America and Iran" and "Between the territories of the two High Contracting Parties

there shaH be freedom of commerce and navigation".

By an Order of 4 December 1992 the President of the Court, taking into account anagreement of the Parties, fixed time-limits for the filing of the Memorial of Iran and of the
Counter-Memorial of the United States. These time-limits were later extended to 8 June and
16December 1993, respectively. The Memorial of Iran was filedwithin the prescribed time-limit.

On 16December 1993, the United States filed a preliminary objection, contending that the
Court had nojurisdiction to deal with the merits of the case. Iran filed a written statement on this
issue and public sittings to hear the oral argumentsof the Parties were held between 16 and
24 September 1996.

On 12December 1996, the Court delivered its Judgment, finding that it had jurîsdîctîon to
entertain thedaims made by Iran under Article X, paragraph 1, of the 1955 Treaty as the
destruction of oil platforms was capable of having an adverse effect upon the "freedom of
commerce" as guaranteed by that provision of the 1955 Treaty.

By an Order of 16 December 1996 the President of the Court, taking into account the
agreement of the Parties, fixed 23 June 1997. as the time-limit for the filing of the
Counter-Memorial of the United States. Within this time-limit, the United States filed its
Counter-Memorial and a counter-claim.

In its counter-claim,thenited States asked the ICJ to adjudgeand declare that "in attacking
vessels, layingminesinthe Gulf and otherwise engaging in military actions in 1987-1988 that were
dangerous and detrimental to maritime commerce", Iran "breached its obligations to the United
States" under Article X of the Treaty of Amity, Economie Relations and Consular Rights between
the two countries signedin Tehran on 15 August 1955. Accordingly, it requested the Court to say
that Iran was "under an obligation to make full reparation the United States ..in a form and
amount to be determined by the Court at a subsequent stage of the proceedings".

By an Order of 10 March 1998, the Court held that the counter-claim of the United States
was "admissible as such" and that it formed"part of the current proceedings". lt directed the Parties
to submit furtherwritten pleadings on the merits oftheir respective claims and fixed time-limits for
the filing of these. ·

By an Order of 26 May 1998, the Vice-President of the Court, Acting President, extended
the time-limits at the request of Iran.

•

Website address of the Court: http://www.icj-cij.org

Infonnation Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 23 36)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-30223 37)

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