Oil Platforms (Islamic Republic of Iran v. United States of America) - Time-limit for the filing of United States Rejoinder extended by four months

INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(3i-70-302 23 23). Cables: Intercourt, The Hague.

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

Communiqué
unofficial
forimmediate release

No. 2000/26
8 September 2000

Oil Platfonns
Oslamic Republic of Iran v. United States of America)

Time-limit for the filing of United States Rejoinder extended by four months

THEHAGUE,8 September 2000. The President of the International Court of Justice (ICJ),
Judge Gilbert Guillaume, bas extended by four months the time-limit for the filing of the Rejoinder
of the United Statein the case conceming Oil Platfonns Qslamic Republic of lrag v. United States
of America).

In a letter dated11 July 2000, the United Stateshad requested the Court to extend until
23 March 2001 the time-limit for thfilingof its Rejoinder, indicating the reasons for that request.
Iran had expressed no objection to this extension, while painting out that the Court, in its Order
dated 10 March 1998 (see bistory of the proceedings), had reserved "the righIran 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 an Order dated 4 September 2000, the President acceded to the United States request and
extended from 23 November 2000 ta 23 March 2001 the time-limit for the filing of its Rejoinder,
taking into account the agreement between the Parties.

The subsequent procedure was reserved forfurtherdecision.

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 lranian oil
platforms.

In its Application, Iran founded the jurisdiction of the Court on AXXI,leparagraph 2,of
the Iran/United States Treaty of Amity, Economie Relations and Consular Rights, signed at Tehran

on 15 August 1955. Iran alleged that the destruction caused by several warships of the United
States Navy, on 19 October 1987 and 18 April 1988, ta three offshore oil production complexes,
owned and operated for commercial purposes by the Nationallranian Oil Company, constituted a
fondamental breach of various provisions of the Treaty of Amity and of international Itadded
that the United States was under an obligation to make reparations to Iran "for the violation of its

international legal obligations"In this connection Iran referrein particular to Article I of the
1955Treaty, 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 shall be freedom of
corrunerce and navigation".

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 -2-

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 ~e 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 bad no jurisdiction deal with the merits of the case.
Iran presented a written statement ofitsobservations and submissions on the preliminary objection
within the time-limit flxed by the Court and public sittings to hear the oral argumeofsthe Parties

were held between 16 and 24 September 1996. On 12 December 1996, the Court delivered a
Judgment, in which itrejected the preliminary objection raised by the United States and found that
ithadjurisdiction, on the basis of ArticlXXI, paragraph 2, of the Treaty of 1955 to entertain the
claims made by Iran,as the destruction of oil platforms was capable of having an adverse effect

upon the freedom of commerce as guaranteed by Article X, paragraph l,of the Treaty.

By an Order of 16 December 1996 the President of the Court ftxed 23 June 1997 as the
time-limit for the filing of a Counter-Memorial by the United States. Within this time-limit, the

United States filed its Counter-Memorial and a counter-claim. ln its COWlter-claim,the United
States asked the Court to adjudge and declare that "inattacking vessels, laying mines in the Gulf
and otherwise engaging in military actions in 1987-1988", Iran "breached its obligations to the
United States" under ArticleX 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 tomake full
reparation to the United States ... in a form and am01mt to be determined by the Court at a
subsequent stage of the proceedings". By aletter of 2 October 1997 Iran informed the Court that it
bad "serious objections to the admissibility of the United States counter-claim", as the latter did not

meet, in its view, the requirements of Article 80 ofthe Rules ofComt.

After the Parties badsubmitted writtenobservations on the issue of the admissibility of the
United States.coWiter-claim the Court, byanOrder of 10 March 1998, found that the coWlter-claim
was "admissible as such a~d'that it fonned "part of the curtent proceedings". It prescribed the

submission offurther written pleadings relating to the claims ofboth Parties (a·Reply byIranand
a Rejoînder by the United States) and flxed 10 September 1998 and 23 November 1999
respectively as the time-limits for the flling orthesInorder to ensure strict equality between the
Parties, the Court further reserved the opportunity ·forIrto present its views in writing a second .

rime on the United States counter-claim, inan additional pleading the flling of which may be the
subject of a subsequent Order.

The time-limits for the filingf the Reply of Iran and of the Rejoinder ofthe United States •

were extended at the request of Iran,for the fust time by an Order of 26 May 1998, and for a
second time by an Order of 8 December 1998. They were then :fixed as 10 March 1999 and
23 November 2000 respectively. The Reply of !tan was flle...VÏthhe time-limit thus extended.

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

Information Department:
Mr. Arthur Witteveen, First Secretary (+ 31 70 302 23 36)

Mrs. Laurence Blairon, Information Officer (+ 3170 302 23 37}
E-mail address: information@icj -cij.org