16 OCTOBRE 2023
ORDONNANCE
VIOLATIONS ALLÉGUÉES DES IMMUNITÉS DE L’ÉTAT (RÉPUBLIQUE ISLAMIQUE D’IRAN c. CANADA)
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ALLEGED VIOLATIONS OF STATE IMMUNITIES (ISLAMIC REPUBLIC OF IRAN v. CANADA)
16 OCTOBER 2023
ORDER
INTERNATIONAL COURT OF JUSTICE
YEAR 2023
2023
16 October
General List
No. 189
16 October 2023
ALLEGED VIOLATIONS OF STATE IMMUNITIES
(ISLAMIC REPUBLIC OF IRAN v. CANADA)
ORDER
Present: President DONOGHUE; Vice-President GEVORGIAN; Judges TOMKA, ABRAHAM, XUE, SEBUTINDE, BHANDARI, IWASAWA, NOLTE, CHARLESWORTH, BRANT; Registrar GAUTIER.
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Articles 31, 44, 45, paragraph 1, and 48 of the Rules of Court,
Having regard to the Application filed by the Islamic Republic of Iran (hereinafter “Iran”) on 27 June 2023 instituting proceedings against Canada concerning certain measures allegedly taken by Canada in violation of the immunities to which Iran is entitled under international law;
Whereas a signed copy of the Application was communicated to Canada on the day it was filed;
Whereas Iran has appointed Mr Tavakol Habibzadeh as Agent; and whereas Canada has appointed Mr Alan H. Kessel as Agent;
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Whereas, on 21 September 2023, a meeting was held by the President of the Court with the Agents of the Parties pursuant to Article 31 of the Rules of Court, in order to ascertain their views with regard to the time-limits for the filing of the initial written pleadings in the case;
Whereas, at this meeting, the Agent of Iran stated that the current proceedings pertained to alleged violations of State immunity which was a fundamental principle of public international law and that Iran expected the Court to decide the case promptly; whereas the Agent requested a period of eight months for the preparation of his Government’s Memorial; whereas the Agent further expressed the wish that the Court avoid fixing time-limits in the present case which might overlap with the preparation by Iran of its written and oral pleadings in the other pending cases before the Court to which it was a party; and whereas the Agent of Canada stated that the legal and factual allegations levelled against Canada by Iran in its Application were complex and novel, and that his Government would therefore need a period of sixteen months for the preparation of its Counter-Memorial, following the filing of Iran’s Memorial;
Taking into account the views of the Parties,
Fixes the following time-limits for the filing of the written pleadings:
16 October 2024 for the Memorial of the Islamic Republic of Iran;
16 October 2025 for the Counter-Memorial of Canada; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this sixteenth day of October, two thousand and twenty-three, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Islamic Republic of Iran and the Government of Canada, respectively.
(Signed) Joan E. DONOGHUE,
President.
(Signed) Philippe GAUTIER,
Registrar.
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Fixing of time-limits: Memorial and Counter-Memorial
Order of 16 October 2023