Oil Platforms (Islamic Republic of Iran v. United States of America) - Iran authorized to submit an additional written pleading relating solely to the United States counter-claim

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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: Il www.icj-cij.org

Communiqué
unofficial
forimmediate release

No. 2001121
30 August 2001

Oil Platforms

Uslamic Republic oflran v. United States of America)

Iran authorized to submit an additional written pleading
relating solely to the United States counter-claim

THE HAGUE, 3QAugust 2001. The Vice-President of the International Court of Justice (10),
e. Judge Shi Jiuyang, bas authorized the submission by Iran of an additional written pleading in the case
concerning Oil Platforms ŒslamicRepublic of Iran v. United States of America).

In its Order of 10 March 1998, whereby ithad found that the counter-claim submitted by the
United States was admissible, the Court, after indicating that it consideritnecessary for Iran to file a
Reply and for the United States a Rejoinder, relating to the daims of bath Parties, bad added the

following:

"it is necessary moreover, in arder to ensure strict equality between the Parties, to reserve
the right of Iran to present its views in writing a second time on the United States
counter-claim, in an additional pleading the filing of which may be the subject of a
subsequent Order".

By a letter of 30 July 2001, Iran notified the Court that it wished ta present its views in writing a
second time on the counter-claim of the United States, in an add.itionalpleading, and proposed that
23 September 2001 be fixed as the time-limit for the filing of the said pleading. By a letter of
16August 2001, the United States indicated that it d.id not object to Iran's request or to the date
suggested by Iran for filing such a pleading, while reserving the right to request that the Court grant it
• the opportunity ta respond to Iran'spleading should such a response be warranted.

By an Order of 28 August 2001, the Vice-President of the Court, taking account of the agreement
of the Parties, authorized the submission by Iran of an additional pleading relating solely to the
counter-claim submitted by the United States and fixed 24 September 2001 as the time-lirnit for the
filing of that pleading. The subsequent procedure was reserved for further decision.

History of the proceedings

On 2 November 1992 the Islamic Republic of Iran filed an Application instituting proceedings
against the United States of America with respect to the destruction of Iranian oil platfonns.

fu its Application, Iran founded the jurisdiction of the Court on Article XXI, paragraph 2, of the
Iran/United States Treaty of Amity, Economie Relations and Consular Rights, signed at Tehran on
15August 1955. Iran alleged that the destruction caused by several warships of the United States Navy,

on 19 October 1987 and 18April1988, to three offshore oil production complexes, owned and operated
for commercial purposes by the National Iranian Oil Company, constituted. a fondamental breach of
varions provisions of the Treaty of Arnity and of international law. It added that the United States was
under.an obligation to make reparations to Iran "for the violation of its international legal obligations".
ln this connection Iran referred in particular to Article 1of the 1955 Treaty, under which: "There shall
be frrm and enduring peace and sincere friendship between the United States of America and Iran". It
also referred to paragraph 1 of Article X which provides: "Between the territories of the two High

Contracting Parties there shaHbe freedom of commerce and navigation". -2-

By an Order of 4 December 1992 the President of the Court fiXed 31 May 1993 as the time-limit
for the filing of a Memorial by Iran and 30 November 1993 :as the time-limit for the filing of a
Counter-Memorial by the United States. These time-limits: were later extended to 8 June and
16 December 1993 at the request of Iran and with the agreement of the United States.

Within the extended time-limits, Iran filed its Memorial, then the United States raised a
preliminary objection, stating that the Court had no jurisdiction to deal with the merits of the case. Iran
presented a written statement of its observations and submissions pn the preliminary objection within the
time-limit fixed by the Court and public sittings to hear the oral arguments of the Parties were held
between 16 and 24 September 1996. On 12 December 1996, the c;::ourtdelivered a Judgment, in which it

rejected the preliminary objection raised by the United States and found that it bad jurisdiction, on the
basis of Article XXL paragraph 2, of the Treaty of 1955 to entertain the daims made by Iran, as the
destruction of oil platforms was capable of having an adverse ef(ect upon the freedom of commerce as
guaranteed by Article X, paragraph 1, of the Treaty. ·

By an Order of 16 December 1996 the President of the Court fixed 23 June 1997 as the time-limit
for the fùing of a Counter-Memorial by the United States. Within' this time-limit, the United States fùed
its Counter-Memorial and a counter-claimIn its counter-claim,• the United States asked the Court to
adjudge and declare that "in attacking vessels, laying mines in the Gulf and otherwise engaging in
military actions in 1987-1988", Iran "breached its obligations to :the United States" under Article X of

the Treaty of Amity, Economie Relations and Consular Rights of 1955. Accordingly, it requested the
Court to say that Iran was "under an obligation to make full reparation to the Unitina forms ...
and amount to be determined by the Court at a subsequent stage of the proceedinBy a letter of
2 October 1997 Iran informed the Court that it bad "serions objections to the admissibility of the United
States counter-claim", as the latter did not meet, in its view, the requirements of Article 80 of the Rules

of Court.
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After the Parties bad submitted written observations on the issue of the admissibiliiy of the United
States counter-claim the Court, by an Order of 10 March 1998, found that the counter-claim was
"admissible as such" and that it formed "part of the proc~et It rencrbes he.submission

of further written pleadings relating to the daims of bath Parties (a Reply by Iran and a Rejoinder by the
United States) and fixed 10 September 1998 and 23 November 1999 respectively as the time-limits for
the filing of these. In arder to ensure strict equality between the Parties, the Court further reserved the
opportunity for Iran to present its views in writing a second time bn the United States counter-claim, in
an additional pleading the filing of which may be the subject of a sùbsequent Order.
1

The time-limits for the filing of the Reply of Iran and of tHeRejoinder of the United State• were
extended at the request of Iran, for the frrst time by an ûrder of 26 May 1998, and for a second time by
an Order of 8 December 1998. They were then flXed as 10 March 1999 and 23 November 2000
respectively.The Reply of Iran was filed within the time-lirtrit thus extendBy an Order of
4 September 2000 the President of the Court extended, at the request of the United States, the time-limit

for the deposit of the United States Rejoinder another time, to 23 March 2001. The Rejoinder of the
United States was filed within that extended time-limit. ·

The full text of the Order will shortly be available on the Co:urt's website at the following address:
http:1/www jcj -cij.org. '

Information Department:

Mr. Arthur Th. Witteveen, First Secretary (+31 70 302 23 36)
Mrs. Laurence Blairon, Information Officer (+31 70 302 23 37)
Email address: [email protected]