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 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: // www.icj-cij.org

Communiqué
unofficial
foimmediaterelease

No. 98/19
26 May 1998

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

Extension of time-Jimits for the filing of written pleadings

THE HAGUE, 26 May 1998. The Vice-President of the International Court of Justice (ICJ),
Judge Christopher G. Weeramantry, Acting President, todayende'dthe time-limits for the filing
ofwritten pleadingsn the case conceming Oil Platfonns (Islamic Republic of Iran v. United States
of America).

By an Order of 10 March 1998, the Court bad held that a counter-claim submitted by the
United States was "admissible as such" and that it fonned "part ofthe current proceedings". Taking

into account these conclusions, it directed the Parties to submit further written pleadings on
the meritsof their respective claims. Iran was to submit a Reply by 10 September 1998 and the
United States a Rejoinder by 23 November 1999.

By today's Order, the Vice-President of the Court extended to 10 December 1998
the time-limit for the filinghe Reply of Iran and to 23 May 2000 the time-Iimit for the filing
of the Rejoinder of the United States.

The Order was made in response to a request from Iran to extend to 10 December 1998the
time-limit for the filingts Reply. The United States consented to that extension, provided the
time-limit fixed for the filinghe Rejoinder was extended likewise.
•
The subsequent procedure bas been reserved for further decision.

History of the dispute

On 2November 1992the Islamic Republicoflran filed an Application instituting proceedings
against the United States with respect to the destructionnian oil platforms.

Iran founded the jurisdiction 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.

In its Application Iran alleged that the destruction caused by severa! warships of the United
States Navy, on 19 October 1987 and 18 April 1988, to three offshore oil production complexes,
owned and operated for commercial purposes by the Nationalaniân Oil Company, constituted a
fondamental breach ofvarious provisions ofthe Treaty of Amity and of international law. In this
connection Iran referred particular to Articles 1and X, paragraph 1, of the Treaty which provide ··--------------

- 2 -

respectively: "There shall be finn 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 an
agreement 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
16 December 1993, respectlvely. The Memorial oflran was filed within the prescribed time-limit.

On 16 December 1993, the United States filed a prelimînary objection, contending that the

Court bad no jurisdiction to deal with the merits the case. Iran filed a written statement on this
issue and public sittings to hear the oral arguments of the Parties were held between 16 and
24 September 1996.

On 12 December 1996, the Court delivered its Judgment, finding that it bad jurisdiction to

entertain the claims made by Iran under Article X, paragraph 1, of the 1955 Treaty as the
destruction of oil platfonns 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, which was found admissible bythe Court on l0 March 1998, the United

States asked the ICJ to adjudge and declare that "in attacking vessels, laying mines in the Gulf and
otherwise engaging in military actions in 1987-1988 that were dangerous and detrimental to
maritime commerce", Iran "breached its obligations to .theUnited States" under Article X of the
Treaty of Amity, Economie Relations and Consular Rights between the two countries signed in
Tehran on 15 August 1955, Accordingly, it requested the Court ta say that Iran was "under an

obligation to make full reparationo the United States ... in a fonn and amount to be determined
by the Court at a subsequent stage of the proceedings".

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:1-70-302 23 37)