Oil Platforms (Islamic Republic of Iran v. United States of America) - The Court will hold public hearings from Monday 17 February to Friday 7 March 2003

INTERNATIONAL COURT OF WSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: + 31 (0)70 364 99 28. Telex: 32323. E-mail address:

[email protected]. Internet address: http://www.icj-cij.org.

------------------- Press Release
Unofficial

No. 2003/3
20 January 2003

Oil Platforms

Uslamic Republic oflran v. United States of America)

The Court willhold public hearings from
Monday 17 February to Friday 7 March 2003

THE HAGUE, 20 January 2003. The International Court of Justice (ICJ), the principal
judicial organ of the United Nations, will hold public hearings in the case conceming Oil Platforms
(lslamic Republic of Iran v. United States of America) from Monday 17 February to Friday
7 March 2003 at the Peace Palace in The Hague, seat of the Court.

The schedule of the hearings will be as follows:

First roundof oral argument

Monday 17 February 2003 from 3 p.m. to 6 p.m. : Iran
Tuesday 18 February 2003
from 10 a.m. to 1p.m. : Iran
Wednesday 19 February 2003 from 10 a.m. to 1 p.m. : Iran
from 3 p.m. to 6 p.m.: Iran
Friday 21 February 2003 from 10 a.m. to 1p.m.: United States of America
Monday 24 February 2003 from 3 p.m. to 6 p.m. : United StatesAmerica
Tuesday 25 February 2003 from 10 a.m. to 1p.m. : United States of America

Wednesday 26 February 2003 from 10 a.m. to 1p.m.: United States of America
from 3 p.m. to 6 p.m.: United States of America
Friday 28 February 2003 from 10 a.m. to 1p.m.: Iran (with respect to
the counter-claimof United States of America)

Second round of oral argument

Monday 3 March 2003 from 10 a.m. to 1p.m.: Iran
from 3 p.m. to4.30 p.m.: Iran
Wednesday 5 March 2003 from 10 a.m. to 1 p.m. : United States of
America

from 3 p.m. to 6 p.m. : United States of America
Friday 7 March 2003 from 10 a.m. to 11.30 a.m. :Iran (with respect
to the counter-claimf United States
of America) -2-

History of the proceedings

On 2 November 1992 the Islamic Republic of Iran filed in the Registry of the Court an
Application instituting proceedings against the United States of America in respect of a dispute
conceming the destruction of three Iranian oil platforms. In its Application the Islamic Republic
founded the jurisdiction of the Court on Article XXI (2) of the Iran/United States Treaty of Amity,

Economie Relations and Consular Rights, signed at Tehran on 15 August 1955 and which entered
into force on 16 June 1957. Iran alleged that the destruction caused by a number of warships of the
United States Navy, on 19 October 1987 and 18April1988, to three offshore oil production
complexes, owned and operated for commercial purposes by the National Iranian Oil Company,

constituted a fundamental breach of various provisions of the Treaty of Amity and of intemationai
law. Iran referred in particular to Article I of the Treaty which provides: "There shall be firm and
enduring peace and sincere friendship between the United States of America and Iran." It also
referred to Article X (1) which provides: "Between the territories of the two High Contracting

Parties there shall be freedom of commerce and navigation." At the end of its Application, the
Islamic Republic accordingly requested the Court to adjudge and declare that "in attacking and
destroying the oil platforms referred to in the [above-mentioned] Application on 19 October 1987
and 18 April 1988, the United States breached its obligations to the Islamic Republic"; that "in

adopting a patently hostile and threatening attitude towards the Islamic Republic that culminated in
the attack and destruction of the Iranian oil platforms, the United States breached the object and
purpose of the Treaty of Amity, including Articles I and X(1), and international law"; and that "the
United States [was] under an obligation to make reparations to the Islamic Republic for the

violation of its international legal obligations in an amount to be determined by the Court at a
subsequent stage of the proceedings."

On 16December 1993, the United States of America filed a preliminary objection to the
Court's jurisdiction. Pursuant to Article 79, paragraph 3, of the Rules of Court of 14 April 1978,
the proceedings on the merits were suspended. After the filing by Iran of a written statement on the
preliminary objection followed by public hearings, the Court, by a Judgment of

12December 1996, rejected the preliminary objection and found that it had jurisdiction, on the
basis of Article XXI, paragraph 2, of the Treaty of 1955, to entertain the claims made by Iran under
Article X, paragraph 1, of that Treaty.

Within the time-limit fixed by the Court, the United States of America filed its
Counter-Memorial together with a counter-claim, requesting the Court to adjudge and declare that
"in attacking vessels, laying mines in the Gulf and otherwise engaging in military actions in
1987-88 that were dangerous and detrimental to maritime commerce, the Islamic Republic of Iran

[had] breached its obligations to the United States under Article X of the 1955 Treaty", and that
"the Islamic Republic of Iran [was] accordingly under an obligation to make full reparation to the
United States for violating the 1955 Treaty in a form and amount to be determined by the Court at a
subsequent stage of the proceedings."

By a letter of 2 October 1997 Iran informed the Court of its position that the counter-claim as
formulated by the United States did not meet the requirements of Article 80, paragraph 1, of the
Rules of Court. After each Party had filed written observations, the Court, by an Order of

10 March 1998, found that the counter-claim presented by the United States in its
Counter-Memorial was admissible as such and formed part of the proceedings.

Within the time-limits fixed by the Court and extended at the request of the Parties, Iran filed
a Reply and the United States of America filed a Rejoinder. Iran was moreover authorized to file
an additional pleading relating solely to the counter-claim and did so within the time-limit fixed. -3-

NOTE TO THE PRESS

1. The public hearings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
they are turned off or set on silent mode. Any offending deviee will be temporarily retained.

2. Members of the Press may attend on presentation of a press card. The tables reserved for
them are situated to the far left the public entrance to the courtroom.

3. Photographs and TV shots may be taken for a few minutes at the opening of each sitting.

The Court'sproceedings will be displayed live on a large TV screen in the Press Room, located on the
ground floor of the Peace Palace (Room 5). In the Press Room, it will be possible for TV crews to
connect recording equipment directly to the Court's new video system, but advance notice of this
should be given to the Information Department. There is also a facility for the connection of

sound-only equipment to the Court's audio system during the proceedings.

4. Telephone calls may be made from the phone located in the Press Room (collect calls only)
or from the public payphones in the Post Office in the basement of the Peace Palace.

5. Verbatim records of the hearings will be published daily on the Court's website
(www.icj-cij.org), with translations to follow as soon as practicable thereafter.

6. Mr. ArthurWitteveen, First Secretary of the Court (tel: +31-70-302 2336), as well as
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers, are available to deal with any
requests from the Press (tel:+31-70-302 2337; e-mail address: [email protected]).