The Iran Hostage Crisis and the International Court of Justice: Aspects of the Case Concerning United States Diplomatic and Consular Staff in Tehran
![handle is hein.journals/denilp10 and id is 439 raw text is: ARTICLE
The Iran Hostage Crisis and the
International Court of Justice: Aspects of
the Case Concerning United States
Diplomatic and Consular Staff in Tehran
AMIR RAFAT
I. INTRODUCTION
On November 29, 1979, the United States took its dispute with Iran
over the hostage issue to the International Court of Justice by submitting
an application' under article 40(1) of the Court's Statute in which it
charged the Government of Iran with violation of various legal principles
embodied not only in customary international law but also in four treaties
to which both countries are party: namely, the Vienna Conventions on
Diplomatic and Consular Relations; the 1955 Treaty of Amity, Economic
Relations, and Consular Rights; and the 1973 Convention on the Preven-
tion and Punishment of Crimes Against Internationally Protected Per-
sons, Including Diplomatic Agents.5 In defiance of its commitments under
these treaties, the application alleged inter alia, that Iran. had failed to
protect the American embassy during the events on and following Nov-
ember 4, 1979; had in fact supported and was continuing to support the
© 1981 by Amir Rafat.
Professor of Political Science, DePauw University. Licence, 1955, University of Geneva
(Switzerland); M.A., 1958, University of Nebraska; Ph.D, 1964, University of Minnesota.
1. Application by the United States, United States Diplomatic and Consular Staff in
Tehran, [1980] I.C.J. 3, reprinted in 80 DEP'T STATE BULL. 38 (Jan. 1980).
2. The Statute of the International Court of Justice, article 40(1), provides that cases
are brought before the Court either by notification of the special agreement or by a written
application addressed to the Registrar. The United States brought the case to the Court by
proceeding in the latter of the two methods provided.
3. Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3230, T.I.A.S.
No. 7502, 500 U.N.T.S. 241 [hereinafter cited as Diplomatic Relations Convention]; Vienna
Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, T.I.A.S. No. 6820, 596
U.N.T.S. 261 [hereinafter cited as Consular Relations Convention].
4. Treaty of Amity, Economic Relations, and Consular Rights, Aug. 15, 1955, United
States-Iran, 8 U.S.T. 899, T.I.A.S. No. 3853 [hereinafter Treaty of Amity].
5. Convention on the Prevention and Punishment of Crimes Against Internationally
Protected Persons, Including Diplomatic Agents, opened for signature Dec. 14, 1973, 28
U.S.T. 1977, T.I.A.S. No. 8532.](ViewImageLocal?handle=hein.journals/denilp10&div=38&collection=&method=preview&ext=.png&size=3)
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