ICJ issues provisional measures in Iran sanctions case and US withdraws from Amity Treaty

  • In “ICJ hears Iran’s case against the USA for re-imposing sanctions,” Sanctionline reported that Iran applied to the ICJ for provisional ruling against the USA for its 8 May decision to withdraw from the JCPOA, claiming the US has breached the 1955 Treaty of Amity, Economic Relations and Consular Rights.

    On 3 October, the ICJ concluded that, prima facie, it has jurisdiction over the case. The ICJ stated that in accordance with its obligations under the 1955 Treaty of Amity, the US must remove “any impediments arising from the measures announced on 8 May 2018 to the free exportation to the territory of Iran of goods required for humanitarian needs.” The order does not affect the remainder, and majority, of the US sanctions.

    Whilst the US has never recognised the jurisdiction of the ICJ, particularly in this case, it announced the exemptions for humanitarian transactions were in place and will remain in place. The US also announced it is withdrawing from the 1955 Treaty following the ICJ’s order. This will only take effect in one year and thus will not impact the case.

    See the latest developments on the case here.