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LESSON / DOCTRINE: The U.S.

arranged to meet with Iranian authorities to discuss the release of the


hostages; however, Ayatollah Khomeini forbid officials to meet them. The U.S.
State Responsibility subsequently ceased relations with Iran, stopped U.S. exports, oil imports, and
Iranian assets were blocked. Although the militants were not acting on behalf of the
State, neither did the State uphold their agreement to protect U.S. nationals. The
Case Concerning United States Diplomatic and Consular Staff in Tehran militants said they would hold the hostages until the Shah, who was receiving
(United States of America v. Iran) medical treatment in the U.S., was returned to Iran.

International Court of Justice 1980 The United States argued that Iran violated the Vienna Convention of 1961 which
stated the Embassy would be protected, as well as the Vienna Convention of 1963
which stated the nationals would be protected while in their country. Furthermore,
the 1955 Treaty was in effect, which promoted good relations between the U.S. and
FACTS Iran and promised protection to its territory and nationals.

On 4 November 1979, during the course of a demonstration of approximately 3,000 Iran did not argue its side, instead, they decided to make no response to the Courts
persons, the United States Embassy compound in Tehran was overrun by a strong notices.
armed group of several hundred people. The Iranian security personnel are reported
to have simply disappeared from the scene; at all events it is established that they
made no apparent effort to deter or prevent the demonstrators from seizing the ISSUE/S
Embassy's premises. The invading group (who subsequently described themselves as
"Muslim Student Followers of the Imam's Policy") gained access by force to the - Did Iran violated the Vienna Conventions of 1961 and 1963 as well as the 1955
compound and to the ground floor of the Chancery building. Over two hours after the Treaty?
beginning of the attack, and after the militants had attempted to set fire to the - Should Iran be held responsible for the takeover by the militants and to make
Chancery building and to cut through the upstairs steel doors with a torch, they reparation to the United States for these actions?
gained entry to the upper floor; one hour later they gained control of the main vault.
The militants also seized the other buildings, including the various residences, on the RULING
Embassy compound. In the course of the attack, all the diplomatic and consular
personnel and other persons present in the premises were seized as hostages, and The Court finds that Iran, by committing successive and continuing breaches of the
detained in the Embassy compound ; subsequently other United States personnel and obligations laid upon it by the Vienna Conventions of 1961 and 1963 on Diplomatic
one United States private citizen seized elsewhere in Tehran were brought to the and Consular Relations, the Treaty of Amity, Economic Relations, and Consular
compound and added to the number of hostages. Rights of 1955, and the applicable rules of general international law, has incurred
responsibility towards the United States. As a consequences, it clearly entails an
During the three hours or more of the assault, repeated calls for help were made from obligation on the part of the Iranian State to make reparation for the injury thereby
the Embassy to the Iranian Foreign Ministry, and repeated efforts to secure help from caused to the United States. Since however Iran's breaches of its obligations are still
the Iranian authorities were also made through direct discussions by the United continuing, the form and amount of such reparation cannot yet be determined.
States Charg d'affaires, who was at the Foreign Ministry at the time, together with
two other members of the mission. From there he made contact with the Prime At the same time the Court considers it essential to reiterate the observations it made
Minister's Office and with Foreign Ministry officials. A request was also made to the in its Order of 15 December 1979 on the importance of the principles of international
Iranian Charg d'affaires in Washington for assistance in putting an end to the seizure law governing diplomatic and consular relations. The Court made a point of stressing
of the Embassy. Despite these repeated requests, no Iranian security forces were sent that the obligations laid on States by the two Vienna Conventions are of cardinal
in time to provide relief and protection to the Embassy. In fact when Revolutionary importance for the maintenance of good relations between States in the
Guards ultimately arrived on the scene, dispatched by the Government "to prevent interdependent world of today. "There is no more fundamental prerequisite for the
clashes", they considered that their task was merely to "protect the safety of both the conduct of relations between States", the Court there said, "that the inviolability of
hostages and the students. No attempt was made by the Iranian Government to clear diplomatic envoys and embassies, so that throughout history nations of al1 creeds
the Embassy premises, to rescue the persons held hostage, or to persuade the and cultures have observed reciprocal obligations for that purpose." The institution
militants to terminate their action against the Embassy. of diplomacy, the Court continued, has proved to be "an instrument essential for
effective CO-operation in the international community, and for enabling States,
irrespective of their differing constitutional and social systems, to achieve mutual
understanding and to resolve their differences by peaceful means."

After stressing the particular gravity of the case, arising out of the fact that it is not
any private individuals or groups that have set at naught the inviolability of an
embassy, but the very government of the State to which the mission is accredited, the
Court draws the attention of the entire international community to the irreparable
harm that may be caused by events of the kind before the Court. Such events cannot
fail to undermine a carefully constructed edifice of law the maintenance of which is
vital for the security and well-being of the international community.

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