CORRESPONDENCE
CORRESPONDANCE . 1. TH!: SI:CKIyThROF STATB OF TH11 UNITED STATESOF AMEKlCA TO THE
I'KtlSlBlXOF THE INTERNATlONAL COURT OF JUSTICE
Washington, 29 Novcmbcr 1979.
The Govcrnment of the United States is today filing with thc Court an
Application' and a Rcquest2 for Intcrim Mcasures of Protcction in a case
against thc Govcrnment of lran for thc scizurc. and holding as hostages, of
members or lhe United States Embassy in Tchran.As you arc awarc, at leas150
United Statcs niiiionnls are being subjcctcd to prolongcd and inhumane
dctention. l'hcy hiivcalrcady bccn hcldhosiage for more than thrcc weeks,and
threats havc bccn madc that thcy may bc placed on trial.
In viewof thc cxtrüordinary urgcncy of thiscase,which is unlikc üny bcforc
submitted 10 the Court. 1respectïullysuggcst that youasPrcsidenl oïthe Coiirt,
urge the Govcrnment of Iran to lictimmcdiatcly to appoint its Agcnt in thcase.
1furthcr urge ihat th? Court in any event hold any hearing on the request for
InterirnMcasurcs üs soon as it has a quorum. My Governmcnt carncstly hopes
that the Coiirt will issuc an Ordcr indicating appropriate intcrim rncasures
within days. As thc Sccrctary-Gcnernl or thc United Nations has informed the
Sccurity Council, thc present crisis ctinstituies a scrious thrcat to international
peacc and security.
May 1 furthcr respectfully suggcsl that you, as Presideni of the Court,
immcdiatclg rcqucsi the Government of lran to cnsurc that no stcps are taken to
inflame opiiiion iigainst the hostages, lo hcightcn the danger to which they are
exposed, or to placc ihem on trial+
I havç dcsignatcd the LegalAdviser ol'thc Unitcd Statcs Dcpwrtmentof State,
the Honorable Roberts B. Owen, as Agcnt of the United Statcs in this casc.
(Signed) Cyrus VANCE.
2. THE RECrlSrKhKOF TVIECOURT 'TCTHE MlSlSTEH FOR FOHEIGZIAI:FAIRSOF
IRAS
29 Novcmbcr 1979.
In accordancc with Articlc 40, paragraph 2, Statute of Intcrnational Court of
Justice, havehonour inform you Govcrnrnent of United Statcs of Amcrica today
filedin Registry applicrition instituting proccedings against lran and rcquest for
indicaiion of provisional rneüsuresundcr Article 41 of Statutand Article 73of
Rulcs of'Court. Proceedings relaie to scizurc and holding as hostages of
members of Unitcd States Embassy inTchran. Basing itsclf upon (1) 1961
Vienna Convcntion on Diplomatic Relations and Opiional Protocol concerning
Cornpulsory Scttlcmcnt of Disputes, (2) 1963Vienna Convention on Consular
Relations and Optional Protocol conccrning Cornpulsory Settlcmcnt of Dis-
'Sccpp 3-8, supm.
See pp. 1-12.supra.494 DIPLOMATICAND CONSULARSTAFF
putes, (3)Articl21 of 1955Treaty of Amity, EconomicRelationsand Consular
Rights be~weenUnited States and Iran and (4) 1973Convention on Prevcniion
and Punishmcnt of Crimes against lnternationally Protected Perçons, United
States rcquests Court to adjudgc and declare:
[See pp. 7-8, supra]
On the other hand, full text of request for provisional measuresfollows:
[See pp. 11-12, supra]
Copies of application and request together with lettcr frorn US Secretary of
State to President of Court airmailed today. United States Government urges
that request for provisional rneasures "be treated as a matter of extreme
urgency" and requests "that theCourt set a hearingon this requestat the earlicst
possibledate". Would respectfullydraw Your Excellency'sattention to Article
40, paragraph 2, of 1978Rules of Court conccrning appointment of respon-
dent's agcnt pursuant Article42 of Statutc. May 1respectfullyalso draw Your
Excellency'sattention to Article 31, paragraph, of Statute of the Court which
providesthat "If the Court includesupon the bench ajudge of the nationality of
one of the parties any other party may choose a person to sit as judge". If
Governmcnt of lran wishesto choosejudge ad hoc it should inforrnCourt of his
name as a matter of urgeney.
3. THE REGlSTRAR TO THE MINISTERFORFOREIGN AFFAIRS OF IRAN
29 November 1979.
Express airmail
Confirming mycable of today'sdatc, a copy of which isenclosed, 1have ~he
honour to inforrnYour Excellencythat the Government of the United Statcs of
Amcricahasthisday filcdin the Registry ofthe International Courtof Justicean
Application instituting proceedings against lran concerning the seizure and
holding as hostages of members of the United States Ernbassyin Tehran. The
Government of the United Stateshas alsotoday filcda requestfor the indication
of provisional measuresunder Article 41 of the Statute of the Court and Article
73 of the 1978Rules of Court.
1have the honour to send Your Excellencyherewith a certifiedcopy of the
Application and ofthe request for the indicarionof provisionalmeasures;1shall
in due course transmit to you certified printed copiesof the Application in the
bilingual(Englishand French) edition whichwillbe prepared by the Rcgistry. 1
also enclosecopy of a letter from the Secretaryof State of the United Statesof
America to the President of the Court, filcdin thc Rcgistryat the same timc as
the Application and request.
May 1takc this opportunity of drawingYour Excellency'sattention ta Article
40 ofthe 1978RulesofCourt whichprovidcs,in paragraph2,that therespondent,
upon reccipt of the certified copy ofthe Application, or as soon as possible
thereaftcr, should inform the Court of theme of ils Agent. Paragraph 1of the
samearticleprovidesthat Agentsshall haveanaddressforserviceat theseatof~he
Court to which al1communications concerning the case are to be sent.
May 1 respectfully also draw your Excellency'sattention to Article 31,
paragraph 2, of the Statute of the Court which provides that: "If the Court
includes upon the Bench a judge of the nationality of one of the parties, any CORRESPONDENCE 495
other partymay ehoose iiperson 10 sit asjudgc." If your Govcrnment wishesto
choose a judgc (id hoc it should inform thc Court of his name as a matter of
urgency.
4. THll RI~GISTKAKTO THE AGINT OF THE UXIMT) STATISOF AMERICA
29 November 1979.
1have the honour to acknowlcdgc rcccipt of'the Application by thc United
States of Amcrica instituting procccdings against Iran concerning the seizure
and holding as hostages of membcrs of the United States Embassy in Tehran,
and the requcstfor the indicationof provisional measuresinthose prouxdings,
filed in the Registry by you today. The President has also asked me to
acknowlcdgc rcccipt of the letter addrcssed to him by the Secrctary of State,
dated 29 November 1979,deposited by you al the same time.
Your appointment as Agent of the United States in thcse proceedings has
bcen duly noted, as has the fact that your iiddress for service,under Article 40,
paragrüph 1, of the Rules of Court isthcEmbassy of the United States, Lange
Voorhout 102,Thc Hague.
The Govcrnment of Iran was immediately informed by telegram of the fliling
of the Application and request for the indication of provisional rneasures; in
accordance wiih Articles 38, paragraph 4, and 73, paragraph 2, of the 1978
Rules of Court, ccrtificd copies of thcsc documents were immediately trans-
mitted to the Govcrnment of Iran, iogethcr with a copy of the letter from the
Secretary ofStatc to the President.
5. THE KI:C;ISTKARTO THE SECRM'AKY-GENEKAL OF THE UNI'I'I!NATIONS
(telcgram)
29 November 1979.
With refercncc Article 40, paragraph 3. of Statute have honour inform you
that on 29 November United States filed(1) application instituting proceedings
against Iran reiating to seizure and holding as hostages of membcrs of United
States Emb:issyin Tehran and (2)request for indication of provisional measures
underArticles41, Stütute, and 73 Rulcs. Mcasurcsrequested are: .
6. THE REC;IS'TRATKO THEMlNlSTBRFORFOREIGNAFPAIRSOF IRAN
(!elegrrim
Havc honour ioder to application by United States ofAmcrica instituting
. proceedingsagriinst Iran on 29 Novcmbcr and to simultaneous rcqucst filedby
United Statcs Torindication of provisional measurcs.ThePrcsidentdirectsme to496 DIPLOMATICAND CONSULAR STAFF
expresshis hope that the twa Governmentsconcernedwilltake into account the
factthai the maitcr is now subjudice beforc the International Court. This bcing
so the President in conformity with Article 74, paragraph 4, of the Rules of
Court draws ihe attention of both parties io the need0act in sucha wayas will
enable any Order the Court may make on the request Torprovisional measures
to have ils appropriüte effects. Similar communication addressed today to
Government of United States.Court willhold public hearingsat an earlydate to
aiford parties the opportunity of presenting their observations on request for
intenm measures. Projccted date and time for such hearings is Monday, 10
December,at 3 p.m.
7. THE RI~CISTRAR TO THE MINISTERFOR FOREIGN AFFAIRS OF IRAN'
(telegram)
3 December 1979.
Further to my telegram and letter of 29 November announcing institution of
proceedings by United States and my telegrarn of 30 November 1 have the
honour to confirm that public hearing at Peace Palace, The Hague, on rcquesi
for provisional measuresis fixedfor Monday, 10December,at 15 hours.
8. THE LEGALCOUNSELOF THE UNITED NATIONSTO THEREGISTUAH
(telegram)
I have the honour to acknowiedgerccciptof your cableof 29 November 1979
to the Secretary-Generalinforming himthat the UnitedStateshad submittcd an
application to the Court instituting proceedingsagainst Iran relating to seizure
of US Embassyin Tehran and holding of its membersas hostageswith a requcst
to the Court for indication of provisional measuresf protection. The Secrctüry-
General will inform ail Mcmbers of the United Nations in accordance with
paragraph 3 of Article 40 of Statute as soon as copies of the application in
printed forrn are rcccivedat .UN headquarters.
(Signed) Erik Suu.
9. TIIiKEGISTRARTO THE MlNlSTER FOR FOREIGNAFFAIRSOF IRAN
(telegram)
4 December 1979.
Referencerequcst by UnitedStatesof America for provisionalmcasurcs have
honour inrorm Your Excellencyfollowingquestionsput to Unitcd States Ageni
today by Presideni of Court:
[See pp. 17-18, supra /
'A similarcommunicationwas sentto theAgentof theUnitedStates of America anto
the Secretary-Generaof the UnitedNations. CORRESPONDENCE 497
10, THIIREGISTRARTO THE:ÇliCRETARY-GENERAL OF THE UNITED NATIONS
(telegram)
Prcsident Intercourt addrcsses following request to Secrctary-General:
"Relèrence proceedinp becore Court instituredby United States con-
ccrning US Diplornatic and Consulsr Staff in Tchrün may 1 request Your
Exccllcncyto trünsrnit to the Court by the mosl rapid possible means text of
any resolution which Security Council may üdopt concerning question
brought before it by you as well as verbatini or othcr records of all
discussionç of thal matter by Security Council. Highest consideration.
Waldeck."
11. THE DIRECTOROF THI:OFFICEOF THE LECAL COUKSEL OF THE UNITED
NATIONS TO THE REGISTRAR
(telegram)
5 December 1979.
At its 2178meeting this afternoon the SecurityCouncil adopted by 15votes in
rzivourresolution 457 (1979) which reads as follows:
/Sec pp. 225-226,supra]
Afier adoption resolution rcpresentativc of United States made statement in
course of which he made following cornments regartling request for indication
provisional measurcs of protection:
[See p. 34, supra]
6 décembre1979.
Le 29 novembre 1979a ètldéposéeau Greffe de la Cour internationale de
Justiceune requêtepar laquclleles Etats-Unis d'Amériqueont introduitcontre
I'lranune instanceen l'affairerelative au Persan~ieldijtlonilierconsulairedes
Erurs-Unis tiTéhPrun.
Conformémenti l'article 42 du Règlement de la Cour, j'ai l'honneur de vous
transmettre ci-joint une copie dc cette requête.
' Unecommunicationanalogue a étéadresséeauxautresEiats admis esterdevant la
Cour.498 DIPLOMAT~CAND CONSULAR STAFF
13. THE RIiGISTRARTO TEE SECRETARY-GENERALOF THE UNITED NAnONS
6 December 1979.
1referto mycabteof29November 1979bywhich1informcd youofthefilingby
the Government of the United States of America of an applicütion instituting
proceedings against Iran retating to the seizure and holding as hostages of
rncmbcrs of theUnitedStatesErnbassyin Tehran (caseconccrning United Sfute~
Diplomatic and ConsulaS rrafin Tehran),and of a request for the indication of
provisional mcasuresin that case. now havethe honour to informyou that 1 am
forwarding to you under separate cover (by airmail parcel post, marked
"Attention Director, General Legal Division") 200 copies of the application
referred to.
1wouldbegratefulif, inaccordancewithArticle40, paragraph 3,ofthe Statute
of the Court, you will be good enough to inform the Members of the United
Nations of the filingof this Application.
14. THE RECISTRARTO THE AMBASSADOROF AUSTRALIATO THE NETHERLANDS
6 December 1979.
1 refer to my letter of today's date by which 1had the honour to transmit to
Your Excellencya copy of the Application of the United States of America
instituting proceedings against Iran in the case concerning United States
Diplomnîic and ConsukirStafl in Tehran.
With referenccto Article63 of the Statute of the Court,1have the honour to
draw Your Excellency'sattention to the fact that in the said Application the
United States of America invokes, interalia, the followingmultilateral conven-
tions:
1.the 1961Vienna Convention on Diplomatic Relations (and the Qptional
Protocolto that ConventionconcerningtheCompulsorySettlernentof Disputes);
2. the 1963 Vienna Convention on Consular Relations (and the Optional
Protocol to that ConventionconccrningtheCompulsorySettlernentofDisputes);
3. the 1973Convention on the Preventionand Punishment of Crimes Against
Internationally Protected Persons, including Diplomatic Agents.
1have the honour further to point out that the present notificationdoes not
prejudge ünydecisionwhichthe Court may becalled upon to take with regard to
the possible application of Article3 of the Statutc in this case.
15. THE RFGISTRARTO THE MINiSTERFOR FOREIGNAFFAIRSOF IRAN'
I
6 December 1979.
1 have the honour to inform Your Excellency'that, inasmuch'as the
Application filed by the Government of the United States of America on 29
November 1979 inthc case conceming United Stutes Diplomatic und Consular
Sîafl in Tehruninvokes a number or multilateral international conventions, 1
A sirnilcommunicotion was sentto the Agent of thUnited Stateof America. CORRESPONDENCE 499
have thisday, pursuant to Article63, paragraph 1,of the Statutc of the Court,
addressed the notification provided undcr that article to States oiher than those
concerned in the case which are parties to onc or more of thosc conventions.
The conventions in question are:
1. the 1961 Vicnna Convention on Diplornatic Relations (and the
Optional Protocol to that Convention concernirig the Compulsory Settle-
ment of Disputes);
2. the 1963VicnnaConvention on Consular Relations (and the Optional
Protoci~lto that Convcntion concerning the (:ompulsory Settlement of
-
Disputes);
-. th- 1973Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons. including Diplornatic Agents.
1have the honour to send Your Excellencyherewith for yourinformation a
copy of the notification scnt to those Siatcs which are parties to al\ these
instruments;the notificationssent to other States followthe samerom, but refer
only to the instruments to which the Statc notifiedia Party. May 1draw Your
Excellency'sattention 10the reservationexpressed in the final paragraph of the
notification.
16. THE AGENTOF THE UNlTEll STATFSOF AMERICA TO THE REGlSTRAR
Washington, December 1979.
In reçponseto the President'srequestl of 4 December1979.for certain further
information, I have the honor to submit the enclosed declaration of Under
Secretary David D. Newçomwith its three appendices2.
(Signeci) Roberts B.OWEN.
17. ïHE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
7 December 1979.
With referenceto mytelegramof 4 December 1979,bywhich 1communicated
to Your Excellencythc tcxt of thequestionsput by the Presidentof the Court on
that date tu the Agent of the United States of America inthe case concerning
United States DiplomnticandConsularSiasin Ïéhran, 1 now havethe honour to
transmit to Your Excellencyherewith a eopy of a letter from the United Stateç
Agent receivedin the Registrytoday, and copiesof the enclosuresto that letter. 1
also enclose,for Your Excellency'sconvenience,a further copyof the textof the
questions put by the President on 4 Deccmber 1979.
'See pp.43-115,supra.500 DIPLOMATICAND CONSULA R STAFF
18. THE CHARG D'AFFAIRESOF IRAN TO THE NETHEKLANDS TO THE PUBSIDENT
OF THE COURT
9 December 1979.
1have the honour to convey herewithto Your Exccllencythe telegram' of His
ExcellencyMr. Sadegh Ghotbzadeh, Minister for Foreign Affairsof theslamic
Republic of Iran, addressed to Your Excellency,dated 9 December 1979.
10 Dcccmbcr 1979.
1 have the honour io send Your Excellency herewith three copies of the
provisional verbatim recordf the public hearing of today'sdate, relating to the
rcquest by the United States of America for the indication of provisional
measures in the case concerning United States Diplornaticand ConsularSrufSin
Tehran.
1I December 1979.
1 have the honour to acknowledge receipt of your letof9 Decembcr 1979,
addressed to the Presidcntof theCourt and deliveredto me by hand at my
private address at 9.45 p.on that day, with which you enclosed the message
dated 9 Decembcr 1979,and transmittcd by tclcgrarn, from His Excellencythe
Minister for Foreign Affairs of the Islamic Republic of Iran to the Presideni of
the Court.
21, THE AGENT OFTHE UNITED STATESOF AMERICA TO THE RECISTRAR
11 Deccmber 1979.
In response to questions2 posed by members of the International Court of
Justice on10Dccembcr in the course of ils proceedings in the case concerning
.United States Diplornaticand Consular Staf in Tehran (Regiresr for rhe
Indication of Provisional Measures)1have the honor to submit the attached
answers3.
'See p. 18,supra.
See p. 37supra.
See pp. 16-117supra. CORRESPONDENCE 501
22, THE RIEISTRAR TO THEMINISTERFOR FOREIGNAFI'AIRS OFIRAN
1I Deccmber 1979.
1 have tlie honour to transmit IOYour Excellencyhcrewith a copy or the
repliesfurnished in writing by the Agcnt of theitcd States of Amcricain the
case concerning United Srares Diplmiaricund Consular Stax in Tehru no the
questions put to him by the President on behalf of the Court, and by one
Member of the Court, at the closeof thc public heanng of 10December 1979.
Copies of ihc vcrbatirn record of that hearing tvere trünsmittcd to Your
Excelltncy withmy letter oyesterday'sdate.
23, TH13RliClSTRARTO THE AGENT OP THE UNlTliD STATESOF AMBRlCA
11 Dccember 1979.
1 have thc honour to sendyou herewiththe text. alreadycommunicatedto you
bytelephone this aftcrnoon, of a question put byJudge Gros in connection with
the requestof yourGovernment forthe indicationof provisionülmcasuresin the
case concerning UnitedStates Diplomuti~u*ndConsular StaJ in Tehron.
Questionby fudgc Gros
Withrefcrcnceto the replyof the Agentorthe United Statesof Arnericato the
Court's question concerning the two United States Consulates at Tabriz and
Shiraz,willthe Agcnt pleaseindicate to the Court whether, followingthe attack
on theseIWO Consulatesin February 1979,ihe Government ofihe United States
invoked the Treaty of Arnity, Economic Relations and Consular Rights of 15
August 195.5,nd in particular ArticleXXI, paragraph 1,thereof; and if so, will
the Agent plelisesupply copies of any documents relatinto the rnatter?
24. THE REGISTRAR TO THE MlNlSTER FOR FOREIGNAFVAIRS OF IRAN
11Dcccmber 1979.
1 have the honour to transmit to Your Excellencyherewith the tcxt of a
question piiin writingthis afternoon byJudge Grosto the Agentof the United
States of Americain the caseconccrning UnitedS'taleDiplumaticand Consular
Staf in Tehrun.
12 December 1979.
Further to my lettcr of 10December 1979,with which 1transmitted to Your
Excellencycopiesof the provisional verbatirn record of the hearing of that date
inthe case concerning UnitedSralesDiplornaticand ConsuiurStriffin Tehran,1
now have the honour to send Your Excellency hercwith acopy of the unofficiai
French translation, preparedby the Registry.of that record.
1 have the further honour to transmit to Your Excellency a copy of the502 DIPLOMATlC AND CONSULAR STAFF
original verbatim recordincorporating the corrections made by the Agent and
Counselof the United States of America,pursuant to Article 71,paragraph 4, of
the Rules of Court.
26. THE COUNSEL FOR THE UNITED STATESOF AMERICA10 THE REGISTRAR
12 December 1979.
On behalf of the United States Agent in the case concerning United States
Diplornaticand Comular Staff in Tehrarr,1 wish to ücknowledge with thanks
your letter of December 11,1979,attaching a question put by Judge Gros in
connection with the request of the Government of the United States for the
indication of provisional measures.
1 have the honor to attach an answerl to the question of Judge Gros.
(Signe4 Stephen M. SCHWEBEL.
27. THE COUNSEL FOR THE UNITED STAlE? OF AMERICATO THE RECISTRAR
12 December 1979.
1have the honor to referto the request for interim measuresof protection filed
with the Court by the United States on 29 November 1979, and the Oral
Argument of the Agent of the United States of December 10, 1979, inthe case
concerning UnitedSraresDiplornaticandConsular StaffinTehran,and to attach
the terms of the final submissionsof the United States Request.
10December 1979.
First, that the Government ofIran immediately releaseal1hostages of United
Statesnationalityand facilitatetheprompt and safedeparture from Iran of these
persons and al1other United States officialsin dignifiedand humane circum-
stances.
Second, that the Government of Iran immediately clear the premises of the
United States Embassy, Chanceryand Consulate in Tehran of al1persons whose
presence isnot authorized by the United States Chargéd'Affaires inIran, and
restore the premises to United States control.
Third, that the Government of Iran ensure that, to the extent that the United
States should choose, and Iran should agree, to the continued presence of
United Statesdiplomatic and consular personnel in Iran, al1personsattached to
the United States Embassy and Consulates should be accorded, and protected
in, full freedomof movement, aswellas the privilegesand immunitiesto which
they areentitled, necessaryto carry out their diplornaticand consular functions.
Fourth, thatthe Government of Iran not place on trial any person attachecito
the Embassyand Consulatesof the United States and refrain fromany action to
implementany such trial; and that the Governrnent of Iran not detain or permit
See pp. 11819,supra.the detention of any such person inconncction with any proceedings,whether of
an "international commission" orolhcrwise, and that any such person no1 be
required to participate in any such procceding.
Firth, that the Governrnent of Iran ensure that no actionis taken whichmight
prejudicetlicrights ofthe Unitcd Statcs in rcspcctofzarrying out ofany decision
which the Court may render on the rnerits, and, in particular, neither take, nor
permit, action that would threaten thc lives,safcty,or well-beingof the hostagcs.
28. THE REGISTRAR TO THE1MlNlSTlIK FOR FOREiIGN AFFAIRS OF IRAN
13 December 1979.
1have the honour to send Your Exceltencyhcrewith a copy of the reply,
received on 12 December 1979, to the question put by Judge Cr'os on 11
Decernber 1979to the Agent of the United States in the case concerning United
Stoles Dipiarnoricund CansularSruJ in Tehmn. A copy of the question put by
Judge Gros was transmitted to you with my leticr of II December 1979.
13December 1979.
1 have the honour to send Your Exccllency herewith a copy of the final
submissions of the United Staics of America, as tc~the provisional measures
which il requests the Courtto indicatc in the case concerning UniteSdtares
Biplomn~icand ConsularStuJ in Tehran; these submissions were filcdin the
Registry ofthe Court on 12 Deccmber 1979.
30, THE COUNSEL FOR THE UNITEDSTATESOF AMERICATO THE REGISTRAR
13Deccmber 1979.
On behalf of the United States Agent in the case concerning Uniled States
Diplornaricand Consur'ar Sroffin Tehrati, 1wish to correct an error which is
lound in the answerl to a question of the Court concerning the categorics of
persons held inIran to which the United States Agent respondedin his letter to
you of II December 1979.
After further review ofthe information availriblein Washington, 1wish to
confirm that the figures given in dcclaration2 of 6 Demmkr 1979of Under
Sccrctaryof State David D. Newsom arc correcl, to the best of the knowledgeof
the Governrnent of the United States; that is, the riuniberordiplornatic staffisat
least 28and the nurnber of administrative and technicalstaffis at least 20.These
total figurewerc correctlystatcdin thc letter' of thc United States Agent of L1
December.
However,the number ofrnilitarypcrsonnel considcredto be on the diplomatic
staRis sevcnand the number of military personnel (apart from security guards)
considered to be on the administrative andtechnicalstaff ifour.
'See p.116,supra.
'See p.45,supra.504 DIPLOMATlC AND CONSULARSTAFF
The inaccurate information respccting the positions at the Embassy of two
personsheld hostagecontained in the answerl of 11Decemberis regretted, but I
hope that it will be understood that the situation in Tehran has severely
handicapped Ourability to respond to the Court's inquiries.
31. THE REGISTRARTO THE MINISTERFOR FOREIGNAFFAIRSOF IRAK
13December 1979.
With rcferenceto my letter of II December, withwhich1tiansmitted to Your
Excellencya copy of the repliesfurnished in writing by the Agent of the United
States of America in the case concerningUni~ed States DiplornaticandConsular
Slaflin Tehranto thequestionsput to him bythe Presidcnton behalfoftheCourt,
and by one Member of the Court, at the close of the public hearing of 10
December 1979,Inow havethe honour to sendYour Excellencyherewith acopy
of a letter frorn Counsel for the United States concerninga correction to oneof
those replies.
32. THE REGISTRARTO THEMINISTERFOR FOREIGN APFAIRS OF IRAN'
(leLegram)
14December 1979.
Have honour inform you Court will hold public sitting in Peace Palace
tomorrow, 15Decernberat f7 hours, for purpose of announcing its decisionof
United States request forprovisional measures.
33. THE REGISTRARTO TllE MINISTERFOR FOREIGN AFFAIRS OF IRAN
(telegram)
15December 1979.
Have honour inform you that today, 15 December 1979,Court composed as
follows,PresidentSir Humphrey Waldock,Vice-PresidentElias,Judges Forster,
Gros, Lachs, Morozov, Nagendra Singh, Ruda, Mosler, Tarazi, Oda, Ago, El-
Erian, Sette-Camara and Baxter deliveredat a public sitting a unanimously
adopted Order indicatinginaccordancewithArticle41 ofitsStatute thefollowing
provisional measuresin the proceedingsinstituted by theUnited States:
[SeeI.C.J. Reports 1979,pp. 20-211
Texte français:
The Court further decidedthat:"Until the Court deliversits finaljudgrnent in
the present case, it will keepthe rnatters covered by the Order continuously
under review."
'Seep. 116,supra.
A similacommunication wassenttothe Agentof the UniteStateof Americaand to
the Secretary-Generalf theUnitedNations. CORRESPONDENCE 505
Texte français:"Décideque,jusqu'a ceque la Cour rende sonarrêtdéfinitifen
l'espèce, elledemeurera saisie des questions qui font l'objet de la présente
ordonnance." Thc Englishtext isauthoritative. An officialcopy of the fullOrder
has been dispatched to you today. Other officialctipies have been handed to
Agent of United States and sent to United Nationç Secretary-General for
transmission to Security Council inaccordance with Article 41 (2) of Statute.
34, THEREGISTRARTO THE SECRE'ARY-GENERALOF THE UNITEDNATIONS
(telegram)
15 December 1979.
Have honour inform you, in particular with referenceArticle 41(2)of Statute,
that Court in Order made today, 15December, and deliveredat public Sitting
has givenunanimous decision on United States request for provisional measures
in case concerning Uni~edS~ates Diplornatic and Consubr Staf in Tehran.
Dispositif follows beginning withauthorita:ive English lext:
[See1.C.J. Reports 1979, pp. 20-211
French text:
AI115judges participated. Letter with officialtext for transmission to Security
Council follows.
35. THE RECISTRARTO THE SECRETARY-GENERAL OFTHEUNITED NATIONS
15 December 1979.
I have the honour, in accordance with Article41,paragraph 2,of the Statute
of the Court, to send you herewith an official copy for transmission to the
Security Councilof an Order of today's date by which the Court has indicated
provisional measures in the case concerning United Slates Dipbmatic and
Consular Staff inTehran.
36. THE REGISTRARTU THEMSNISTER FOR FOREIGNAFFAIRSOF iRAN
(telegram)
19December 1979.
I-iavehonour inform Your Excellencythat in accordance with Statute and
Rules President of Court proposes to make Order on 24 December 1979fixing
time-limitsforwritten proceedingsincaseinstituted byUnited StatesagainstIran
and foi thatpurpose wishesto ascertain viewsof Your Excellency'sGovernment
pursuant Rules, Article 31. President has in mind fixingtime-limit for United
States Memorial expiring 15January 1980and proposes, subjectto any views
expressed by Government of Iran, to make Order in followingterms:506 DIPLOMATICAND CONSULAR STAFF
[Sametext as Order of 24 Deçember 1979,I.C.J. Reports 1979, pp. 23-24]
May 1request indication of views ofYour Excellency'sGovernment soonest
possible and not later than Monday, 24 December?
21 décembre1979.
Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous cepli, un exemplairede l'ordonnance renduepar la Cour le 15décembre
1979 sur la demande en indication de mesures conservatoires soumise par le
Gouvernement des Etats-Unis d'Amériqueen l'affaire relative au Personnel
diplomatique et consulairedes Etats-Unisà Téhéran.
38, THE AGENTOF THE UNITEDSTATESOF AMERICA TO THE PRESIDENT OF THE
COURT
Washington, 21 December 1979.
1 have thehonor to inform you that theGovernment of the United States has
designated the Ambassador of the United States at The Hague, the Honorable
Geri Joseph, as Deputy Agent in the caseconcerning Uniled SlatesDiplomatic
and ConsularStaff in Tehran.
I further wish to inforrn you that United States Counsel in the case, Mr.
Stephen M. Schwebel,has been designated as Deputy Agent and Counsel.
39. THEREGISTRARTO THEMINISTERFOR FOREIGNAFPAIRSOF IRAN
4 January 1980.
1have the honour to inform Your Excellencythat thePresident of the Court
has made an Order concerningtime-limitsin the terms set out in my telegramof
19 December 1979, of which a copy is enclosed,and to transmit herewith an
officialcopy of that Order.
Further, printed copies ofthe Order will be dispatched to you nextweek.
40. THE REGISTRARTO THE AGENT OF THE UNITED STATESOF AMERICA
4 January 1980.
I have the honour to transmit to you.herewitb an officialcopy of the Order
dated 24 December 1979by which the President of the Court fixed time-limits
for the written proceedingsin the case concerningniredStates Diplomaticand
lUnecommunicationanalogue aétéadresKeaux autresEtatsadmis aester devanla
Cour. . CORRESPONDENCE 507
Consular Staff in Tehran and toenclose for your information a copy of a
telegram on the subject which was sent to the MinisterforForeign Affairs of
lran on 19 Dcccmber 1979and towhich no rcplyhas been reccivcd.
Further, printcd copies of the Order willbc dispatched to you next week.
Washington, 14January 1980.
1wish to thank you for your kind letter' of 18Decernber 1979,enclosing a
copy of a Noie for theparties concerning the printing of pleadings.
1take pleas~irein sending you herewith:
(a) A copy signedby me as Agent of the Government of the United Statesof
America of the United States h4ernoria12in the caseconoerning UnitedSrofes
Diplomariccmd CnnsularStaff inTcltran;
(b) A second copy of the Memorial, in which, pursuant to Article 52, para-
graph 1,ofthe Rulesof Court, 1certifythe pleadingand the documentsannexed
to it; and
(c) 123additional copics ofthe Memorial, in which my name isprinted as
Agent but which 1have not signed.
15January 1980.
Have honour inform your Excellcncythat United States Mcmorial was filed
today, 15 January. Certified copy has bcen dispatched to you by registered
expressaimil.
43. THE AGENT OF THE UNITED STATfZSOF AMERlCATO THE RPGISTRAR
Washington, 29 January 1980.
In conncction with the casc concerninUnitedStalesL)iplomaricand Consular
SlaJ in Ttbltranthe Deputy Agent of the United States, Ambassador Geri
Joseph, will be absent from The Hague from 14 February to22 March 1980.
1accordingly wish to name the United States Deputy Chief of Mission, Mr.
Thomas J. Dunnigan, who will be Chargéd'Aflaires during that period, as a
Deputy Agent of the United States in the case.
'Nat reproduced.
Seepp. 123-247,supru.508 DlPLOMATlCAND CONSULAR STAFF
31 January 1980.
On behalfof the United States Agent and in respecof thecurrent proceedings
before the Court in the case concerningUnited Slaies DiplornaticandConsular
Staff in Tehran,1would be grateful if you would draw to the attention of the
President and Members of the Court the continuing urgcncy which the
Government of the United States attaches to the disposition of the case.
In the view of the Government of the United States, the importance of an
earlyjudgment by the Court on the merits of the case is acute. The urgencyof a
judgment stems frorn the nature of the claims, the dangerous and derneaning
circurnstancesof the hostages, the threat to the peace whichthe detention of the
hostages poses, and the failure of the Government of the Islamic Republic of
Iran to comply withthe provisionalrneasuresindicatcd by the Court in itsOrder
of 15 December 1979.
Pursuant to the Order of the President of the Courtof 24December1979, the
Government of the United States filedits Memorial on 15January 1980.Under
that Order, the Governrnent of lran is scheduled to fileils counter-memoFialon
or before 18 February 1980. The Order reserved subsequent procedurc for
further decision.
In the event that Iranoes not filea counter-rnemorial by 18February 1980,
and does not seek in pursuance of the Order of 24 December a reconsideration
of that time-lirnit, the Government of the United States wiH be prepared to
procced with the oral hearing immediately thereafter and would respectfully
requcst that the Court schedule the hcaring pnor to the end of the month of
February. In the event thatlran does filea counter-mernorial by 18February
1980,the Governrnent of the United States would rernain at theisposal of the
Court in order to submit its viewson the timing of future proceedings.
(Signed) Geri M. JOSEPH.
45. THEREGISTRAR TO THEMINISTERFOR FOREICiNAFFAIRSOF IRAN
31 January 1980.
1have the honour to transmit herewith to Your Excellencya certifiedcopy of
a letter whichthe Honorable Geri M.Joseph, Deputy Agent of the United States
of America, addressed to me today on the subject of the case concemingUnited
S~aresDipEunîaticand ConsuIar Sioflin Tehran.
46. THEREGISTRARTO THEMINISTERFOR FOREIGN AFFAIRSOF IRAN'
1 February 1980
1 have the honour to send you herewith for your information copies of a
translation into Frencof the Memonal of the United States of America in the
'See alsLCJ. Reports1990, p. 22para.41.
America.munication in the same lerms was seto the Agent of the United Statesof CORRESPONDENCE 509
case concerning UniredStates Diplonraric und Consu/ar Siuf in TphronT .his
translation has been produced by the Rcgistry for the use of Members of the
Court and has no officialcharactcr whatcvcr.
47. THEREGtSTRARTO THESECRLTARY-GENERAL OF THE UNITED KATIONS
(telex)
21 February 1980.
Further proceedings in the casc concerning United Stares Diplornaticand
Consulas Stuf in Tehran due to be considered shortly. President would
appreciate communication of any available information on the terms of
referenceof the Commission goingto Tehran. In particular willthe Commission
report to the Secretary-Generalor to the two States concerned?Most grateful
for early reply.
48. THE LECALCOUNSELOF THE UNITED NATIONSTO THE REGISTRAR
(teL1)
In rcspanse to your cable to the Secretary-General following is statemcnt
made by Secretary-General on 20 February:
[Sec p.455, supra]
This statement contains information rcquested in aforementioned cable.
49. THE RFLiISïXAR TQ TCII:.MlNlSTERFOR FOREIGN AFFAlRS OF lRAN
(te1e.r)
28 February 1980.
1have the honour to refcr Your Excellcncyto the Order of 24Dcccrnber1979
in the case instituted the United Statesagainst Iran, under which 18February
1980was fixedas the tirne-limifor thefilingof thc Counter-Mernonal of the
lslamic Republicof Iran with liberty for the Republicto apply for reconsidera-
tion of that tirne-limit.As Your Exccllencywill be aware a Counter-Mernorial
has not beenfifedbythe IslarnicRcpublicand no requesthas beenmade by it for
the reconsideration of thetirne-lirnit.
1 have the further honour to inrorm you thüt thePresident of the Court
considers thathe must now assume thai it isnat the intention of the Islarnic
Republic io avail itsclf of thc possibility of an extension of the tirne-limit
pravidedfor in the above mentioncd Order. The President has thesefore to fix
the subsequent procedurein the case in accordünce with the Statute and the
Rules of Court.
Under Article 54 of the Rules of Court upon the closure of the written
proceedinpsthe case has becomeready Forheüringand the date for the opening
of the oralheanngs has nowto be fixed.For this purpose,pursuant to Article31
of the Rules, the President desires to ascertain the viewsof Your Excellency's510 DIPLOMATIC AND CONSULARSTAFF
Government.Monday, 17March 1980,appears to himto be onepossibledate for
theopeningofthe hearings,buthewouldbeglad toreceiveanyviewswhichYour
Excellency'sGovernment may wish to express inregard to such date. May 1,
however, respectfullyrequestthatany indicationofyour viewsmaybc forwarded
to me as soon as possible to rcach me not lathan 10 March 1980.
50. THE DEPUTY AGENTOF THEUNlTED STATESOF AMERICATO THE RECISTRAR
1I March 1980.
On behalfof the United StatesAgentand in respectof the current procecdings
before the Court in the case concerning the United Srares DjpIon~aricnnrI
ConsufarStaff in Tehran,1would be gratefulif you would convey to the Court
that the United States isprepared to proceed withthe oral hearings.would
wishto suggest for the Court's consideration that the oral hearings begin on
Monday, 17March 1980.
(Signed T)homas J. DUNNICAS.
12 March 1980.
1 have the honourto transmit herewitir,Your Excellencythe followingtcxt
of a letter to the Registrar dated 11March 1980from the Deputy Agent of the
USA in the case instituted by the USA against Iran:
[See No. 50, supraj
1havethe further honour to infonn Your Excellencythat the Court ismeeting
on Monday afternoon, 17March 1980,to determinesubsequent procedure. The
President of the Court would be glad to receive any views which Your
Excellency'sGovernment may wish to express in regard to the aforementioned
letter of 11March 1980.May 1further respectfullyrequest that any indicationof
your viewsmay be forwarded to me assoon as possible to reach me not later
than 1p.m. on 17 March 1980.
52. THEPRESIOENTOFTHE COURT TO THESECmARY-GENERAL OFTHE UNIT81)
NATIONS
({elex)
13 March 1980.
1have thehonour io refer to your statement of 20 February 1980announcing
the "establishment of a Commission of enquiry to undertake a fact-finding
missionto Iran to hear Iran'sievancesand to allowfor an early solution of the
crisis between Iran and the United States1.should be grateful to be advised
whether any further information is now available regarding the terms of
referenceof the commission. In that event,should much appreciate it if you
could seeyour way to have the information forwarded me at your veryeürly
convenience. CORRESPONDENCE 511
53. THE SBCRFTARY-CENERALOF THE UNITED SATIDXS TO THE PRBIDENT OF THE
COURT
(1e1e-f)
15March 1980.
With referenceto your cable of 13March, 1should like to inform you that in
pursuance of my statement of 20 February, the Commission of inquiry
established to undcrtakc a Fact-findingmission to lran arrived in Tehran on 23
February. Upon its arrival, the Commission issueda statement indicating thatil
had travelled to lran in ordcr to Fuifilthe mandate entrusted io it "to undertake
a fact-findinmission to Iran to hear Iran's grievancesand Ioallow for an early
solution of the crisis between Iran and the United States".
/SECpp. 457-458,supra]
On lt March, on its departure from Tehrün, the Commission issued a
communiqué as follows:
"With the activeCO-opcrationof the Iranian nuthoritics, the Commisçion
of inquiry undcrtook its task in regard to the consideralion of al1of Iran's
grievances, and it stands readyto receiveany relevant further documenta-
tion that the lranian authorities have indicated that they wish 10submit.
With respect to itscontribution to resolving the international crisis, the
Commission considcredit impcrative,in the lightof recenidevelopments,to
procecd to New York in ordcr to confer with the Sccretary-General of the
United Nations with a view to eursuin~ its task, which it regiards as
indivisible.Under thesccircumstanCes,thecomrnissi6n is no1 in apositionto
preparc its report.Ithas informed thc Iranian Government accordingly."
The Commission rcmained in New York from 12to 14March. The foliowing
st.dtemeniwas then issucd:
"The Secretary-General held three meetings with the Commission of
inquiry from 12to 14March 1980,al which a detailed reviewwas made of
the work carried out by the Commission in Tehran. The Commission
informed the Secrctarv-General of the consultations held with the lranian
authorities on the implernentation of its mandate, which it regards as
indivisible. TheSccretüry-General and the Commission also discussed its
future activities.
The Secretary-General cxpressed to the members of the Commission his
appreciation for thcir untiring and dedicated efforts inthe futfilmoftthe
taskç entrusted to thcm. The Sccrçtary-General will remain in contact with
the partics and the Commission regardingthe resumption of ils work."
(Signed) Kurt WALDHEIM.
54. THE CHARCÉI>'APFAIRIBOF IRAE; TO THE NETHEULANDS'TOTHB K1:GISTRAR
ele ex]
17March 1980.
1 have the honour to transmit hereby the telcx received from Minister for
. Foreign ARairsor the IslarnicRepublicof iran addressed tothe Presidentof the
I.C.J.
/Sec pp. 2.53-2.54,upraf DlPLOMATlC AND CONSULAR STAFF
55. THE REGISTRARTO THEMINISTER FOR FOREIGNAFFAIRS 01:IRAN
(telex)
17March 1980.
Have honour inform Your Excellencythat public hearingswillopen at 3 p.m.
on Tuesday, 18March 1980.Foliowingistext of communiquknow beingissucd
by the Registry:
"Foliowing tbe deIiveryon I5 Decernber 1979of the Order indicating
provisional measures,the proceedings have taken the course laid down in
the Statute and the Rules of Court.
By an Order of 24 December 1979the President of the Court fixed 15
January 1980as the time-limit for the filingof a Mernorial by the United
States, and 18February 1980as that for the filingof a Counter-Mernorial
by the lslamic Republic of Iran, with liberty for the lslamic Republic,if it
appointed an Agent for the purpose of appearing before the Court and
presentingils observations on the case, to apply for reconsideration of the
latterime-limit.
The United Statesfiledits Mernorial within thetirne-limitappointed. The
IslamicRepublicof Iran did not howeverfilea Counter-Mernorialor apply
for an extension of the time-limit.
The phase of written proceedings have thus ended, the Court has now
corneto the oral phase and has fixedTucsday, 18 Marcfi, at3 p.m.,as the
date on which public hearingsare to bcgin."
!%. THE REGISTRAR TO THEMINISTERFOR FOREIGNAFFAIRSOP IRAN
18 March 1980.
1have the honour to inform Your Excellencythat 1 have sent under separütc
cover threecopies ofthe provisional verbatim recordof the public hearing hcld
today in the case concerning Unite dtates Diplornaticand Consular Staf in
Tehran.
You will similarly be sent three copies al1further verbatirn records in the
case.
57. THE REGISTRAR TO THE MlWISTERFOR FOREIGNAPFAIRSOF IRAN'
(telex)
18 March 1980
1have the honour to refer to Article 53, paragraph 2, of the Rulcs of Court,
which provides that "the Court rnay,after ascertaining theviewsof the parties,
decide that copies of the pleadings and documents annexed shall be made
accessibleto the public on or after openinof the oral proceedings".
1shallbeobligedif Your Excellencywould comrnunicateto the Court as soon
as possibleany views whichthe Government of the lslamic Republicof Iran may
A similarcommunicationwas sentto the AgenoftheUnited SlatesorAmerica. CORRESPONDENCE 513
desire to express on this question in respect of the case concerning UnitedSrares
Diplimatic and Comitfar S~af ifTefrran.
58. THE AGENT OF THE UNITlil? STATIS OFAMERlCA TO THE REGISTRAR
18 March 1980.
i wishto acknowlcdge with ihanks your kind Icttei.of 18March 1980refcrring
to the provision of Article53, parügraph 2, of the Rules of Court, respecting
making plcadings and docurncnts ücccssiblcto the public.
I have the honor to inform you that the Goverrimcnt of the United Statcs
favors now rnakingavailable to the public the pleadings and annexed docurncnts
filed bythe United States in the case concerning Unit~dStates Bip/ornaticund
Cotrsular Srof inTehron.
59. THE AGENT OF TFII:UNITEDSTATFS OF AMERICA TO THE REGISTRAR
19March 1980.
lnquiry has been raised about the nature andpublic character of the reports of
the United States Foreign Rroadcast Information Service, transcribed passages
of which have been reproduced in the United States Memorial and oral
arguments in the caseconcerning UniredStutes Diplomatie und Consulr~ Srruflin
Tehrun.
1 take pleasure in attaching a Ictter' of14 March 1980 from Mr. John F.
Pereira, Dircctor of'the Forcigri Broadclisi Information Service,which dcscribcs
thc accuracy, authenticity, and public availability of FBlS publications.
1should add that, in a numbcr of crisesthe United States Memorial and oral
argument reproduce or refer to exccrpis frorn FBlS materials relüting io lran
and do not provide the full texis ofthosc matcrials. 'Thosefull texts are on file in
Washington and can be provided to the Court in any instance where it müy be
requested.
60. THE REGISTRAR TO THE MlXISTt3tFOR 1:OREIGEi AtTAlRS OF IRAN
(ir1e.r)
19March 1980.
1 have the honour to inform Your Exccllencythat with the record of today's
hcaring you willalso receivethree photocopiesofriletter of today's date handed
to me by the Agent of the Unitcd States and rcadirig as follows:
/SueNo. 59, supra]
Lctter of Mr. Pereira readsas follows:
[Sec pp.329-330, supra/
Sce pp. 329-330. supru.514 DIPLOMATIC AND CONSULAR STAFF
19 March 1980.
In accardance with Article 56 of the Rdes of Courl, 1 have the honor of
submitting herewith Supplemental Documents' in the case concerning United
SraresDiplomolicand CansuiarSraffinTehran.Thesedocumentsconsistofpublic
statementswhichare readily available,consistinastheydo ofpublicationsof the
Foreign Broadcas~Information Service, ofthe United Nations Department of
Public Information, and White House or Department of Stale press releases.
1 hereby attest to and certify the accuracy of the attached Suppiemental
Documents.
20 March 1980.
1 have the honour to inform Your Excellency that 1 have received the
followinglettcr from the Agent of the United States:
(See No. 61, supra]
A complete set of the documents referred to, cavered by an original letter of
certification in the aforesaid terms,isng sent to you by express airmail.
20 March 1980.
1have the honour to enclosefor Your Excellency'sconveniencea copy of the
unofficial French translation, prepared by the Registry, of the provisional
verbatim record of the publicsitting of 18 March 1980 in the case concerning
UnitedStatesDiplornuiicand Consulur Staffin Tehran, and to adviseyou thata
copy of the French translations of the recordsof the further hearingswilialso bc
seni 10you when completed.
1take this opportunity of further advisingYour Excellencythat copiesofeach
of the original verbatim records of the prescnt hearings, incorporating the
corrections made by the Agent and Counsel of the United States of America,
pursuant to Article 71, paragraph4, of the Rules of Court, will be sent to you
shortly in one dispatch.
64. THE AGENT OF THC UNITED STATESOF AMERICA TO THE REGISTRAR
20 March 1980.
Pursuant to Article60,paragraph 2,of the Rulesof Court, 1havethehonor ta
attaeh a signedcopy of the final submission~of the Government of the United
' Scepp. 331-462supro. CORRESPONDENCE 515
States of America in the case concerning UnitedSrares Diplomatic and Consular
Staff in Tehran.
/Sec pp. 190-191,supra j
65. THE REGISTRAR TO THE MINISTI3 FOR FOREIGN AFFAlRS OF IRAN
(telex)
20 March 1980.
1 have the honour ta inform Your Excellency that a copy of the final
submissionsof the United States is beingdispached to youtoday inaccordance
with Article60 (2) of the Rulesof Court. For your irnmediateinformation their
textis idcntical with the submissionsappearing in the Mernorial'.
66. THE REGISTRARTO THE AGENT OF THIiUSITED STATESOF AMERlCA
21 March 1980.
On the instructions of the President oftheCourt I have the honour to scnd
you herewith the text of an additional question which has becn put by Judgc
Gros in the case concerning United States Diplomatic and Consular Staff in
Tehran.
I would appreciate it if your repfy2 were submitted in writing as soon as
possible.
Question de M. Cros
A l'audiencedu 19 mars 1980 (CR 80j2)3, Monsieur l'agentdu Gouverne-
ment des Etats-Unis a donnéquelquescxcmplcsdu genrede traitement infligé a
des otages pendant les premières semainesde leur captivité. Monsieur l'agent
pourrait-il adressera la Cour un exposésur lesdifférentstémoignagesrecueillis
auprès de ces otages décrivantplus complètementles diverses mesuresqui leur
furent imposées?
21 March 1980.
I have the honour to inform Your Exccllencythat on the close of the oral
proceedingsin the case conccrning United Sfrites Diplomatic and ConsularStaff
in TrhrunJudge Gros requested that the followingattditionalquestion be put ta
the agent of the United States:
[Sec Nu. 66, supra]
This question has bcen transrnittcd to the Agent of the United States wita
rcquest for an early written answer.
'Seepp. 190-191,supra.
'Sec pp.463-474,supra.
See pp. 301-302supra.516 DlPLOMATlCAND CONSULARSTAFF
68. THE REGISTRAR TO THE MINISTEKFOR FOREIGN AFFAIRSOF IRAN'
25 March 1980.
1have thehonour to referto rnytelexmessageof 18March, invitingthe views
of Your Excellency's Govcrnment on the question of making accessibleto the
public the pleadings and annexed documents in the case concerning United
States Diplornatic and Consular Staff inTehran pursuant to Article 53 of the
Rules of Court.
1now have the honourto inform Your Excellencythat thc Court, taking into
account the viewsof the UnitedStates,in a letterdated 18March 1980,that "the
Governrnent of the United Statesfavoursnow makingavailableto the publicthe
pleadings and annexed documents Filedby the United States" in the case, and
havinggivenYour Excellency'sGovernrnent an opportunity of givingits views,
has decided to make the pleadings and annexed documents accessible to the
public with effect from 25 March 1980.
69. THE REGISTRARTO THE MINISTBRFORFOREIGN AFFAIRS OP IRAN
(relex)
28 March 1980.
Withreferenceto my telexof 21 March 1havethe honour to informyou that 1
have received from the United States Deputy Agent in The Hague a letter of
today's date in the followingterms:
[See pp. 463-474, supra]
A copy of the letter and of itsix enclosures are being dispatched to you.
70. THE REGISTRARTO THE AGENT OF THE UNITEDSTATFSOF AMERICA
(relex)
On the instructions of the President of the Court 1have the honour to scnd
you the following request, in accordance with Article49 of the Statute of the
Court, for additional information in the case concerning Unite dtates Biplo-
rnatic and ConsularStafifn Tehran to be supplied as soon as possible2:
1. A copy of the officialtext of the announcement by President Carter of the
breaking-off ofdiplomatic relations between the United States and Iran.
2. Copies of any officialstatements of the United States Government made in
connection therewith.
3. A copy of the diplomatic Note delivcred to the Iranian Chargéd'Affaires
informing him of the breaking-off of diplomatic relations between the
United Statesand Iran.
'A similacommunication was sentto thcAgent oftheUnited StatesofArncrica.
Seepp.475-482,supra. CORRESPONDENCE 517
4. Information as to statcments relevantthereto made by Iranian authorities or
by those holding the hostages irnmediately pr~reding or following upon
PresidentCarter's announcement ofthe breaking-offofdiplornaticrelations.
71. THll RllGlSTRAR'r0THE MlNlSTERFOR FOREIGNAFFAIRSOF IRAN
(telex)
10 April 1980.
1 have thehanour to comrnunicatehcieunder to Your Excellencythc text of a
message 1have sent bytclex today to the Agent of the United Statesin the case
concerning the Uni~etlStates Dnip!omatiacnd ConsulasStaf in Tehran:
15April 1980.
1 have the honour to rcfcr to my telex communjcation of IOApril, and to
transmit to you belowthe tcxlof a fetterdated 15April 1980and receivedtoday
from theDeputy Agent of the United Statesin thecaseconcerningUnitedSliltes
DiplornaticundConsulurS~riffin Tehran:
[Sec pp. 475-482, supra]
That letter enclosed the texts of an announcement by President Carter on 8
April 1980,State Dcpartment press release of 8 April 1980, memorandum for
Secretary of the Treasury of 7 April 1980,Note deliveredto Iranian Embassyin
Washington on 7 April 1980,and a number of reports of statemcnts relevant to
the breaking-offof relations said to have been made by lranian authorities or
by those holding the hostages immediately preceding or following Prcsident
Carter'sannouncement. A copy ofthe letterand of thesetextsis king üirrnailed
to Your Excellcncytoday.
73. THEREGISTRARTO Ttll: llliPUTY AGBNTOF THE IJNITEDSTATESOF AMERICA
17April 1980.
I have the honour to transmit IO Your Excellencythe cncloscd additi~nai
question addresscd by Judgc Gros io the Agent of the United Statcs in the case
concerning U~iiterlto~esDiplornaticandCi~nsularSluJ'in Tehrun,together with
an unofficialtranslationihcrcof,
Quwtion de M. Gras
L'attaque, le 14février1979,de l'ambassadedes Etats-Unis 1 Téhéran etla
capture du personnel diplomatique qui s'ytrouvait sont décritesdans la Revue
généralededroit i~tternational pithtic1979, pages 1023-1024, dc la manière
suivante: DlPLOMATlCAND CONSULARSTAFF
«ETATS-U NTIRAN
Altaque de l'ambassade des Etats-Unis a Téhéran
(I4jevrier 1979)
Un groupe d'Iraniens armés déclarant appartenirau «fedayin)>(gucril-
leros iraniens marxistes-léninistes)ris pendant quelques heures, dans la.
matinéedu 14 février1979, le contrôle de l'ambassade desEtats-Unis à
Téhéran, faisantprisonniéreslessoixante-dixpersonnes qui s'ytrouvaient,
y comprisl'ambassadeur,M. WilliamSullivan.Desmembresdu Gouverne-
ment iranien, le vice-premierministre et le ministre desaffairesétrangères,
sont alors venus sur place pour veiller au rétablissementde l'ordre eta
restitution de l'ambassade à ses occupants légitimes.On comptait deux
morts parmi les assaillantset deux blesséslégersdans lesrangs desarines
qui défendaient l'ambassade.
L'attaque arméeavait commencévers 10heuresdu matin par de violents
tirs d'armes automatiques à partir des toits des immeubles entourant
I'ambassade. Les dix-neuf marines chargésde la protection du bâtiment
avaient riposté.D'aprèsun témoin M. Sullivanavait ordonnéaux fusiliers
marins de cesser le feu pour éviterune plus grande effusion de sang et le
personnel de l'ambassade «s'étaitrendu». Selon l'agenceReuter les com-
bats ont duréune heureet vingt minutes. L'ambassadeuret son personnel
auraient étévus quittant le bâtiment les larmes aux yeux à la suite de
l'utilisationde gazlacrymogène.Certains membresdu personnel avaientles
mains en l'air. L'ayatollah Khomeinya condamnél'attaque de la représen-
tation diplomatique américainedèsqu'il en a eu connaissance.
Au cours del'attaque lestechniciensde l'ambassadeavaientbrûléou mis
hors d'usagele matériel électroniquede communication et des codes d'une
valeur de 500 O00 dollars.Les assaillants avaient commis d'importants
dégâts à l'intérieurde l'immeuble,brisant des vitres et jetant des livàes
terre'.
' Monde des 15 et 16 février;Matin, Figaro, JournaGenèveet International
Heruld Tribunedu 15février1979.))
Le récitde ces événements esa tinsi complétédans Keesingj: Contenaporary
Archives,1979,page 29745:«M. Sullivan(l'ambassadeurdes Etats-Unis) était,
dit-on [menacé] avecun couteau tenu sur son cou.»
Monsieur l'agent du Gouvernement des Etats-Unis peut-il, d'une part,
confirmer l'exactitude de toutes ces indications, d'autre part, préciser quelles
autoritésgouvernementales intervinrentpour mettre finà la capture du person-
nel diplomatique le 14février1979,de quelle manièreet dans quels délais?
74. THE REGISTRARTO 'IHEMINlSTERFOR FOREIGN AFFAIRS OF IRAN
(telex)
18April 1980.
1 have the honour to inforrn Your Excellencythat the followingquestion was
yesterday transmitted on behalf of Judge Gros to the Deputy Agent of the
United Statesconcerning UnitedSiates DiplornaticandConsularStaffin Tehran:
[See No. 73, supra] CORRESPONDENCE 519
75. THE REGrSTRARTO THE MINISTER FOR FURELGN AFVAIRS OF IRAN
(telex)
22 April 1980.
1have the honour to rcrerto my telexcommunic~tionof 18April 1980and to
transcribe below the text of the reply receivedtoday from the DeputyAgen1of
the Unitcd Statesin thecase concerningUnitedStaresDiplornaticanclCansuIar
StaJ in Teitrunto the question put by Judge Gros on 17April:
/See p. 483, supra]
76, Ttil: EIBPUTYAGENTOF TkfEUNITED STATESOF AMERICATO THli Rt3GISTRAR
23 April 1980.
On behaIf of the Government of the United States, 1 have ihe honor to
respond to the question of Judge Gros, dated April 17, 1980:
[Te-rl fiandcd10the Registror on22 AprilI980; secp. 483, supra/
(Signedj Geri M. JOSEPH.
77. THE RliGlSTRARTO THEDEPUTY AGENTOF THEUNITED STATIS OF AMERICA
25 April 1980.
1 have the honour to inform Your Excellencythat the President of the Court
desiresto rcceivconicialcommunication of any statementsmade byor on behalf
of thcPresidenlandGovernment of the UnitedStates regardingtheoperation
which isthe subject-matter of the statement reportecito have been madetoday
by the Prcsidenl of the Unitcd States of Amcrica and of any furthcr official
stitternents that may subscquently be made with regard to that matter.
78. THBKliClSTRARTO THE MINISTER FOR FOREIGNAFFAIRSOF IRAN
(telex)
25 April 1980.
1 have the honour to inform Your Excellencythat 1have today addressed to
the United States DcputyAgent in The Hague a letter inthe followingtcrms:
[Sep No. 77, supra]
THI!IIEPUTS AGENTOF THE UNITED STATESOF AMERICATO THIi REGISTRAR
79.
I May 1980.
On behalf orthe Government of the United States,1havethe honor to referto
the Court's request of25 April 1980,for additional information relating to the520 DIPLOMATICAND CONSULARSTAFF
case concerning UnitedStates Diplumaticand ConsulurStaffin Tehran,and to
attach the information' which the Court has requested.
(Signed) Geri M. JOSEPH
80. THE REGISTRAR TO Tm MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telex)
1May 1980.
1have the honour to inform Your Excellencythat in response to the request
for additional information which 1 conveyed on 25 April to the United States
Deputy Agentin The Hague 1have receivedfrom the Government of the United
States communication of the followingpublic statements made on that date:
1. 1.15a.m. est. White Wouseannouncement,
2. 7 a.m. est. statement by President Carter,
3. United States report to Security Council under Charter, Article 51,
4. statement of United States Secretary of Defense.
In addition the United States Government supplied the text of President
Carter'sletter of26April 1980to the Speakerof theHouseofRepresentativesand
the President pro tempure of the Senate, a text which has likewisebeen made
public.
81. THE REGISTRAR TO TEE MlNlSTER FOR FOREIGN AFFAIRSOF IRAN'
(telegram)
21 May 1980.
Have honour inform you Court wilf hold public sitting in Peace Palace,
Saturday 24 May, at 10 hours for purpose of delivering its judgmenl in case
concerning UnitedStates Diploloatic and Consular Stuf in Tehran.
82, THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF IRAN
(telex)
24 May 1980.
Have honour inform you that today, 24 May 1980, Court composed as
follows:President Sir Humphrey Waldock,Vice-PresidentElias,Judges Forster,
Gros, Lachs, Morozov, Nagendra Singh, Ruda, Mosler, Tarazi, Oda, Ago, El-
Erian, Sette-Camera and Baxter deliveredat a public sitting a Judgment the
operative part of which is as follows:
[See1.C.J.Reports 1980, pp. 44-45]
'Seepp. 484-489,supra.
*Sirnilarcommunicationswersentto theAgent of theUnited Statesof Arnericatod
the Secretary-Generlf theUnitedNations. CORRESPONDENCE
Thc English text is authoritativcAn ofiicial'çopyof the full Judgment has
been dispatched to you today. Oiher officialcopy has been handcd to Agent of
Unitcd States.
83. THE REGISTRARTO THESECKiiXARY-GENERALOF THE UNl'ïtiNATIONS
(ieles)
24 May 1980.
Hüvc honour inforrn you that today, 24 May 1980,International Court of
Justice delivercd aa public sittina Judgment in the case concerning United
S~utesBiptornuficand Cr~nsular SI.8 in Telzran(L'nitrd Stute.\.$Arnrricuv.
Irun). thcoperative par! of whichis asfollows:
[SeeI.C.J. Reporrs1980,pp. 44-45]
Textc français: [Ibid.]
84. LE GKEFFIERAU MINISTREIIES AFFAIRES ETRANGE R'FPCHANISTAN'
12juin 1980.
LeGreffier de la Cour internationale de Justice a l'honneur dc transmettre,
sous ccpli, un exemplairede l'arrêt rendu palra Cour le 24mai 1980en l'affaire
du Personnelrliplonzatiqueer constrluiredEtazs-U~iisà Téhérun.
85. THE REGISTRARTO THE SECRBTARY-GEh'lXALOF THE UNITED NATIONS
18June 1980.
Pursuant to Article95, paragraph 3,ofthe Rulesof Court, 1havethe honour
to scnd yoii herewitha copy of theJudgment deliveredby the Courton 24 May
1980 in the case concerning United Srales Diplopnaticand Consulor Staff in
Tehron.
You willrecaIlthat with a Icttcr of 15Deccmber 19791sent you a copy, for
transmission tothe Security Council, ofthcOrder made by the Court on that
date indicating provisional mcasuresin this case. May 1draw your attention to
the ract that such measures were expressed to be indicated by the Court
"pending its final decision in thc proceedings".
Une con~municatio nnalogue a étéadressaux aiiirEtatsadmis hesterdevantla
Cour.522 DlPLOMATlCAND CONSULAR STAFF
86. THESECRETARY-CENEIAL OF THEUNITED NATIONS TO THE PRFSIDENTOF THE
COURT
(relex)
20 January 198 1
The followingletter dated 19January 1981from the Permanent Representa-
tiveof the United States of America to the United Nations was handed over to
me today:
"Excellency,
1have the honor to transmit the followingmessagefromthe President of
the United States:
'1 am pleased to inform you that we have reached an agreement to free
the 52 Americans now held hostage in lran. We expect theywillleave Iran
shortly on their wayhome to the United States.wouldappreciate it if you
would inrom officially the mernbers of the United Nations Security
Council, the reptcsentatives of Member States of the United Nations and
the President of the lnternational Court of Justice of this development.
With the release of our hostages, the United States considers that Iran
has complied fully with Security Council resolutions457 of December 4,
1979 and 461 of December 31, 1979 and with the Judgment of the
International Court of Justice of May4, 1980.
The United Stateshas greatly appreciatedyour tirelesspublicandrivate
efforts, as well as those oTthe Security Counciland other Member States
who for the past year havesoughteans to gainthe release ofthe hostages.
We are particularly indebted to you, the members of your staff, and the
nationalrepresentativeswho served on the Uniled Nations Commission
which travelledto lran last ycar in search asolution to this crisis.
This long ordeal forlhe hostages, their families and the people of the
United States is now over. The United States Government hopcs and
believes that with the end to this extraordinarily difficult pefordthe
internationalomrnunityal1of us willbeable to consider together how we
might best ensure that such an occurrence is not repeated so that inicrna-
tional relations among nations can better develop on a normal and
constructive basis. My Government pledgesitself to that objective.
Once again, Mr. Secretary-General, myGovernment extends its deepest
gratitude to you and Member States of the United Nations who have
worked and agonized with us over the past year.
Jimmy CARTER.'
Accept, Excellency,the assurances omy highest consideration.
Sincerely,
Donald F. MCHENRY."
23 February 1981
The Secretary-General of the United Nations has communicated to the
President of the International Court of Justice the text a letter dated 19
January 1981 from the Permanent Representative of the United States of CORRESPONDENCE 523
America, transrnitting a message whereby the President of the United States
informed the Secretary-General that an agreement has been reached for the
freeing of the Arnerican citizençhcld in Iran and stated that, with their release,
the United States considered that Iran had fullycomplied withecut-ityCouncil
resolutions 457 and 461 and with the Court's Judgment of 24 May 1980.
You willrccall that at the conclusion of ihat Judgment the Court reserved the
subscquent procedure in the case institutcd by your Gavernrnent conccrning
United Srutes Diplomu~ic and ConsulurSlnJ in Telrran.The case accordingly
rcmains upon the Court's Gcneral List, and I would venture to draw your
attention to the provisions of the Rulcsof Court conceming the discontinuance
of proceedings.Ishould also grcaily appreciate it if, inany event, a cerlificdcopy
of any officia1instrument incorporating the above-mentioned agreement were
now to be furnished to the Court.
1writc upon the instructions of the President and in viewof the fact that the
Court will shortly be assembling to dcal with the judicial and other busincss
upon its agenda.
(Signedl SantiagoTORREB SERNARDEX.
88. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE RECISTRAR
(te1e.v)
IOMarch 1981.
Further our telephone conversation followingis tcxt of messageaddresscd by
US Secretary of State to Secretary-General:
"1have referencc to the message deliveredto you from President Carter
on January 19, 1981,regarding the agreementof that date on the releaseof
the52 American national5 hcld hostage in Iran. Thal message includes a
sentence stating that
'With the releaseofour hostages, the United States considersthat Iran
has complied fullywith SccurityCouncil resolutions457 of December 4,
1979, and 461 of December 31, 1979, and with the Judgment of the
International Courtof Justice of May 24, 1930.'
1should like to clarify thai this sentencereferred onfyto the requirement
of release contained in these instruments. It will be understood, thereforc,
that the United States does not coasider that Iran had responded fully to
the letter or spirit of other requirements theforegoing Security Council
resolutions orof the Judgment of the International Court of Justice. For
example, the Government of Iran has not returned to the United States the
premises, property, archives and documents of the US Embassy in Tehran
and of its Consulates in Iran, as ordereby the Courtin itsJudgmcnt. Mr.
Secretary-General, 1 should like to extend once again rny Government's
deepest gratitude to al1 thosc who sought tci gain the release of Our
diplomats and other American citizens and to restore the rule of law to its
rightful placeinthe protection of diplomats. 1should be most appreciative
if you would transmit this message to the Mcrnbers of the United Nations
Security Council and the reprcsentatives of member States of the United
Nations. We will be communicating directly with the President of the
International Court of Justice. Alexander Haig."524 DIPLOMATICAND CONSULAR STAFF
89. THEDEPUTY AGEN OF THE UNITED STATES01: AMERICA TO THE PRESIDENT
OF THE COURT
6 April 1981
The United States Agent has received the Registrar's letter of 23 February
1981referring to the proceeding instituted by the Government of the United
Statcs of America on 29 November 1979in the International Court of Justice
againstthe Government of Iran in the caseconcerning UnitedSrntw Diplornotic
and ConsularSra$in Tehran.On 24 May 1980the Court rendered judgment in
the case for the United States, decidingthat Iran hadolated international law
and was under an obligation io make reparation for the injuries caused, while
rcservingfor subsequent procedure the form and amount of such reparation.
Effective 19 January 1981the United States and lran entered into certain
mutual commitmentsin order to resolvethe crisisarisingoui of the detention of
the Fifiy-twoUnited States nationals, and for the settlementof claims between
the United Statesand Iran, as reflected intwoclarationsissuedon that date by
the Govcrnment of the Democratic and Popular Republic of Algeria. Those
declarations providc that upon the certification by the Government of Algeria
that the fifty-twoUS nationalshadsafelydeparted from Iran, "the United States
will promptly withdraw al1 claims now pending against lran before the
International Court of Justice..".
Accordingly,and in accordance with Rule 88 (11,1request, on behalf of the
United Statesof Amenca, that al1pending proceedingsrelating to United States
claims anainst Iran for re~aration be discontinued. The United States reserves
the righc however, ;O reihstitute such proceedings if the Government of lran
failslu liveuo to itscommitments under the foregoina decfarations. Indenen-
dcntlyof the foregoing,the United States reservesthe right 10seekredressin the
Court if Iran fails to return promptly the premises, property, archives and
documents of the United States Embassy in Tehran and of its Consulates in
Iran.
With regard to the communication from the Secretary-Generalof the United
Nations referred to in your lette1,should like to cal1your attention to the
enclosed letter seni by Secretary of State Alexander M. Haig, Jr., to the
Secretary-Generalon 3 March 1981'.Secretary Haig's letter corrects a rnistake
in the prior correspondenceand makesclear the United Statesviewthat lran has
not cornplied fully with thejudgment of the Court of 24 May 1980.
(Signed T)homas J. DUNNIGAN.
90. THE DEPUTY AGENT OF THE UNlTED STATES OF AMWlCA 70 THE REClSTRAR
7 April 1981.
As promised, 1 am sending you a copyZof the "Algerian Declarations on
HostagesIssue". As soon as wereceivea certifiedcopy of the declaration1will
forward it to you.
(Signed) Thomas J. DUKNIGAN.
'SeeNo. 88,supra.
Nol reproduced. CORRESPONDENCE 525
I writeto acknowlcdge the receiptof your leiter of 6 April 1981relating io the
proceedingsin the case concerning UnifedStafet Dipbrnaficand Consular Staff
inTrhran,which 1 have duly brought to the attentionof the Court.
In yourletter you refcrred to "certain mutual commitments" entered into by
the United Statcs and lran on 19January 198l "as rcficctcdin two declarations
issuedon that date by the Government of the Dcmocraticand Popufar Republic
of Algeria". On 23 February, as you willrecall,the Registrar on myinstructions
asked that cerlified copies of any official instrument incorporatingthabove-
mentioned agreementof 19 January 1981should be furnished to the Court.
Certifiedcopiesof the texts of the declarations to whichyourefer in your letter
have not, Iiowever, yct been received by the Court, though copies of those
declarationsin the Englishlanguage, published by the United States,have been
cornmunicated to it. Having regard to the significanceof those declarations in
the present connection, I must stress once more that the Court desires to be
furnished atan carly date with certified copiesof the instruments incorporating
the declaraiions. The Court desires further to be informedwhether the declara-
tions in question wcre drawn up in the English language and, if not, in what
languageand to be suppliedwith any languageversionin whichthe declarations
may have been drawnup.
In paragraph 3 of your letter you state that "in accordance with Rule 88 (1)"
you request, on behalf of the United States of America, "that al1 pending
proceedings relating to United States claims against lran for reparation be
discontinued". This request, the Court notes,isaccompanied by a reservation
couched in the followingterms:
"The United States rescrves the right, however, to reinstitute such
proceedingsif the Government of lran fails to live up to its cornmitments
under the roregoingdeclarations."
The Court desires to be informed whether, by that sentence,the United States
intends thai the disconiinuancewhichil requestsof the proceedingsprovidedfor
in paragraph 6 of the Court's Judgment of24 May 1980is to be subject to the
condition that itshall retain the right, in the circumstances indicated in the
sentence, t<i reinstitute and pursue those proccedings, notwithstanding the
present requestfor thcir discontinuance. Article88, paragraph 1, of the Rules
provides, in certain circumstances, for the discontinuance, without any condi-
tion or qualification, of'proceedings a case and thc rcrnovalof the case from
the Court's Esralso without any condition or qualification. Accordingly,if the
above is the meaning to begivcn to the sentenccin question the discontinuance
requested by your Government could not be considered bythe Court as falling
within the terms of Article88, paragraph 1,of the Rules.
92. THE RI:CISTRAR TO THE MINISTERFOR FOREIGNAFFAIRSOF IRAN
15April 1981.
I havc the honour to enclose herewith acopy ofa letter addressed on 6 April
1981to the Prcsident of the Court by the Deputy Agent of the United States
before the Court in the caseconccrning Unite S!u/es Diplomaric and Consular
Staf in Tehr«n and alsoof the replysent on 15April 1981.526 DIPLOMATICAND CONSULARSTAFF
93 THE OEPUTY AGENTOF THE UhmD STATESOF AMERICATO THE PRESlDEXT
OF THE COURT
1May 1981.
Thank you for your letter of Apnl 15, 1981,requesting clarification of the
Unitcd States rcquest of Apnl6, 1981,for discontinuance of proceedingsin the
case conccrning the UnitedStates Diplornaticmd ConsularStaff in Tehran.
The United StatcsconçidersArticle 88 (1)theappropriatc ruleunder whichto
seek a discontinuance, where,as here, the parties have concurred in such an
action, but where the parties havenot agreed that the order for removal of the
case from the list should record that the agreement to discontinue is in
consequenceof having reached asettlement of the underlyingdispute and have
not agreed to indicate in or annex to therder the terms of such settlement.
In seekinga discontinuance,wc intend that al1currently pending proceedings
relating to thenitcd States claims against Iran for reparation bediscontinued,
and that the Court issuean order recordingthe discontinuanceand directingthe
removal of those proceedingsfrom the list. We understand that the effect of a
discontinuance is exclusivelyprocedural; that is, a discontinuance ends the
current procecdingswithout affectingany nght to institute newproceedings with
regard to the same or related claims in the future, should circumstances so
warrant. BarcelonaTraction,Lighrand Power Co., Limitecl.PreliminaryObjec-
tions,Judgment,I.C.J. Reports 1964,p. 6. The statement cited in your letteof
April 15,1981,that "The United Statesreservesthe right, however,to reinstitute
such proceedingsif the Government of Iran fails to livcup to its comrnitments
under the foregoing declarations", was intendcd to rcflcct for the record our
understanding that the rcquest for discontinuance would neitherrcnounce nor
prejudice any further right of action with regard to these claims in the
circumstances mentioned in that statement. The starement was not meant to
condition or qualify the normal procedural effectof a discontinuance.
The United States hopes that the Court will consider this an adequate
clarification.
(Signed) Thomas J. DUNNICAK.
94. THE REGISTRAR TO THE MlNlSTERFOR FOREIGN AFFAIRS OF IRAN
4 May 1981.
Further to my letter of 15 Apnl 1981, 1 have the honour to send Your
Excellencyherewith acopy of a letter addressed on 1May 1981to the President
of the Court by the Deputy Agent of the United States in the case concerning
UnitedStates BiplomoticandConsularStaffin Tehran.1have thehonour further
to inform Your Excellencythat on 1May 1981the Deputy Agent of the United
States filed in the Registry certified copies of the Declarations made by the
Government of the Democratic and Papular Republic of Algeria on f9 January
1981,referred to in the letter from the Presidcnt of the Court to the Deputy
Agent dated 15 April 1981, together with related documents; a list of the
documents so filedis attached hereto.
~ocuments'fi[ed (in certijiedcopy) in the Registry of rhe Courr&ythe Deputy
Agent of the UnitedStates of America on I May 1981
1. Declaration of the Government of the Democratic and Popular Republic of
Algeria (BasicDeclaration) (Englishtexts).
'Not reproduced. CORRESPONDENCE 527
2. Undertakings ofthe Government of the United Staies of Arnerica and the
Government of the IslamicRepublicof Iran with Respectto the Declaration
of the Government of the Democratic and Popular Republic of Algeria
(English texts).
3. Declaration of the Govcrnmcnt of the Democraticand Popular Republicof
Algeria Concerning the Settlernent of Claims hy the Government of the
United States of America and the Government of the Islamic Republic of
lran (English and Farsi tcxts).
4. Declaration of Adhercncc by the Governrnent of the Islamic Republic of
Iran to the Undertakings of the Government of the United States of
America and theGovernment of the IslamicRepublicof Iran with respectto
the Declarationof theGovernment of the Dernocraticand Popular Republic
of Algeria (Englishand Farsi texts).
5. Declaration of Adhcrencc by the Governrnent i~fthe lslamic Republic of
lran to the two declarations issued by the Government of the Democratic
and Popular Republic of Algeria relatingtci (1)the detention of thc 52
United Statesoationals in lran, an(2)the setilemenkofclairnsbeiweenIran
and the United States (English and Farsi tcxts).
6. EscrowAgreementamong the Government of the United StatesofAmerica,
the FederalRcscrvcBank of New York acting as fiscalagent of the United
States,BankMarkazi Iran as an intcrested party and the Banque Centrale
d'Algérieacting as ESCROW agent (Engfishtext).
95. THE REGlSTKAR70 THE MINISTERFOR FOREIGNAFFAIRSOF IRAN'
12May 1981.
Further to my lettcrs or 15 April and 4 May 1981 enclosing copies of
correspondence with theDeputy Agent of the United States ofAmerica in the
case concerning UnifedSfare~DiplornoticandConsular SIQH NiTehran,1have
the honour to inform Your Excelfencythat the Presidentofthe Court has today
made an Order2 recording thediscontinuance of the procecdingsand removing
the case from the list. I enclose thesealedcopyof thc Order for the Governrnent
of the lslamic Republicof Iran; further printed copieswillbedespatched in due
COursC.
13May 1981
I have the honour to inform you on 12May 1981the President of the Court
made an Order recording the discontinuance of the proceedingç in the case
conccrning UnitedStatesDiplornaticundConsul[zS rtaff inTehran(UnitedSrales
of Americav. Iran)andremovingthe case from thelist.Copies of the Order are
being transinitted to you by mail.
A similarcommunication wassent to thAgentof the UnitedStatesofAmerica.
I.C.J. Repor~1981.p. 45.528 DlPLOMATlC AND CONSULAR STAFF
29 mai 1981.
Le Greffe de la Cour internationale de Justice, se référantà sa lettre du
6 décembre1979transmettant un exemplaire de la requêteintroductive d'in-
stanceen l'affaire relatauePersonneldiplomatiqueet consulairedes Etats-Unis
à Téhéran (Etats-Unisd'Amérique c. Iran), ainsi qu'à sa communication du
12juin 1980àlaquelle un exemplairede l'arrêt rendu parCour le24 mai 1980
en l'affaire était joint, a'honneur de transmettre ci-inclus une copie de
l'ordonnance parlaquelle, le2mai 1981,le Présidenta prescrit de rayer ladite
affaire du rôle de la Cour.
Lamêmc eommunicationa étéadresséaeuxautresEtatsadmàsesterdevantlaCour. The publicationsofthe INTERNATIONAL COURT OF JUSTICE niay be ordered
from any bookseller.For informationregarding the sale of the Court's publications
pleasewrite to the Di~~riburioiiid Saler Seclioti, Ofof the UiriredNu'aiioiis1,211
Geiiecu10 (Sii~ifierlatd). or the SalesSecrioir.Uiiited Nu, ew York,N.Y. 10017
(USA).
The publications of iPERMANENT COURT OF INTERNATIONAL JUSTICE
(1920-1946) are obtainable froni Kraus RepriLtd.. 9491 Nendeln, Liechtenstein, io
which ail requests shoulbcaddressed.
On peut acquérir les publications de la COUR INTERNATIONALE DE JUSTICE
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de s'adresserà la Secrionde la disrriburionri des ceiitOfficedes Nufioiis Uiiics,
1211GeiiéveIO(Sui~se)ouà laSacrioirdesveriles,NatioiisUiiirNew York, N.Y. 10017
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On peut acquerir les publications de la COUR PERMANENTE DE JUSTICE
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PRlNTED IN THE NETHERLANDS
Correspondence