Request for the indication of Provisional Measures of protection submitted by the Government of the United States of America

REQUEST FOR THE INDICATIONOF
PROVISIONALMEASURESOF
PROTECTION SUBMITTEDBY THE
GOVERNMENT OFTHE UNITED STATES

OF AMERICA

DEMANDE EN INDICATION
DE MESURES CONSERVATOIRES
PRÉSENTÉEPAR LE GOUVERNEMENT
DES ÉTATS-UNISD'AMÉRIQUE 29 Novcmber 1979.

1. 1have the honour to refer to the Application submitted to the Court this
day instituting proceedingsin the name of the Government of the United States
ofArnerica against the Governmcnt of lran and to submit, in accordance with
Article 41 of the StatuteOC the Court and Articles 73,74 and 75 of the Rules of
Court, an urgcnt request that the Court indicate provisional measures which
ought to be taken promptfy to preserve the rightsof the Government of the
United States.
Facts of the Applicationoof the United States to the Court. The fücts set forth

Under Secretary for Political Affairs of the United States Departmerit of State.
The premisesof the Embassyand Consulate of the United States inTehran have
been invaded by largenumbcrsof persons acting with thesupport and under the
apparent authority of the Government of Iran, and remain occupiedwithout the
authonzation of the United States. At least 50 lJnited Statcs citizcns, virlually
al1of whom are diplornatic agcnts or administrative and technical staff of the
Embassy, are being held hostage. The conditions of their detention are harsh,
demeaning, dangerous and in flagrant violation of international law. The
iranian authorities have stated that the hostages will be kept until the United
St;itcs complies wiih vürious demands. The Gorcrnmen\ of Iran has also
threatened to submit the hostages tu criminal trial atid punishment, despite their
entitlernent to diplomatic and other immunities. The Secretary-Gcneral of the
United Nations has convokcd the United Nations Security Council because of
this "grave situation".In cxerciseof his exceptional powers under Article 99 of
the United Nations Chartcr, he has informed the Security Council that "the
present crisis poses a serious threat to international peace and security".
3. The Government of theUnited States submits that the interirnmeasuresof
protection requestcd arc urgcntly needed to preserve the rights of the United
States. The United States in its Application primarily requcsts the Court to
adjudge and declare that Iran shall release immediately and permit to depart
from lran immediately üll hostages and other members of the Embassy of the
United States who are not of lranian nationaliiy, shall restore to the United
States ils embassy premises, shall be held in violation of multiple international
legal obligations, and shall pay to the United States reparations for numerous
grave violations of the international legal right01'the United States. lntcrim
measures of protection arc requircd to preserve the following rights of the
United States: the rights of itsnationalso life, liberty, protection aridsecurity;
the rights of inviolability, imrnunity and protection for ils diplornatic and
consular officjals;and the rights of inviolabilityand protection for itsdiplomatic
and consular premises. The Court can grant and Iran can exccutc a decision
providing effective and meaningful redress only if the livcs and physical and
emotional well-beingof the hostages are preservrd, ln the volatilecircurnstances
existing in Tehran, the hostages are, to an anguishing degree, in continuing
jeopardy; their situation could sharply deteriorate at any moment. In the
absence of effective measurcs of'protection, a tragdy of an irreparable kind
could resiilt. It is thesc possible COnSEquencesof ,the Court's not indicating
provisional measures thai so urgently impelthe United States to request them.
4. Moreover, the Governmentof the United States submits that the urgent
needfor interim measures of protection is reinforced by thedangers to the fabric
of diplomatic relations and international law whichare posed by the continucd12 DIPLOMATICAND CONSULAR STAFF

detention of United States diplomatic personnel. Each day that this condition
continues causes irreparable damage to principlesof international fawand the
fundamentals of diplomatic relations. Indeed,recent eventsin other countries
demonstrate that continuation of this situation in Tchran presents a clear and
present danger to the safety of the diplomatic community at large. Moreover,
shouldtheGovernmentof Iran proceedto implementa possiblecourseof action
which ithas threatened, narnely,to place diplomats on trial for allegedcriminal
acts of espionage, the principles of international law and the fundamentals of
diplomatic relations will have been irreparably damaged. No judgment of the
Court willbe able to undo the taking of so lawlessand extraordinary a step.
5. In viewof theconsiderations referredto in the foregoingparagraphs and in
the Application of the United States, 1 respectfully request,on behalf of the
Government of the United States of Arnerica, that, pending finaljudgment in
this suit,the Court indiczte forthwith the following:

(a) That the Government of Iran immediately release al1hostages of
United States nationality and facilitatehe prompt and safedeparturefrom
Iran of ihese persons and all other United States officiaisin dignifiedand
humane circumstances.
(b) That the Government of Iran irnmediatelyclear the premisesof the
United States Embassy, Chancery and Consulate of al1 persons whose
presence is not authorized by the United States Chargéd'Affaires inIran,
and restore the premises to United States control.
(c) That the Government of Iran ensure that al1persons attached to the
United States Embassy and Consulate should be accorded, and protected
in, full freedom within the Ernbassy and Chancery premises, and the
freedom of movement within Iran necessary to carry out their diplomatic
and consular functions.
Cd) That the Government of Iran not place on trial any person attached
to the Embassy and Consulate of the United States and refrain from any
action to implement any such trial.
(e) That the Government of Iran ençure that no action is taken which
might prejudicethe rights of the United States in respect ofthecarrying out
ofany decisionwhichthe Court may render on the ments, and in particular
neither takenor pcrtnit action that would threaten the lives,safety,or well-
being of the hostages.
6. In viewof the gravity of the current situation caused by the actions taken
and threatened by the Government of Iran and by perçons acting under its
authority or with its support, the Government of the United States urges that
this request be treated as a matter of extreme urgency.In this connection, the
attention of the Court is invited to the fetter from the Secretaryof State of the
United States to the President of the Court', a copy of whichisattached, which
is submitted in conformity with Article 74, paragraph 4, of the Rules of Court.
In viewof the extremeurgencyof the case, the United Statesfurther respectfully
requests that the Court seta hearing on this requestat the earliest possibledate.
7. The undersignedis authorized by the Government of the United Statesof
America to appear before the Court in any proceedingsor hearings relating to
this request which the Court may convene in accordance with the terms of
Article 74, paragraph 3, of the Rules of Court.

(Signed) Roberts B. Om,
Agent for the Government of the
United States of America

'See p. 493infici.