ISLAMIC REPUBLIC of IRAN V
INTERNATIONAL COURT OF JUSTICE YEAR 2003 2003 6 November General List No. 90 6 November 2003 CASE CONCERNING OIL PLATFORMS (ISLAMIC REPUBLIC OF IRAN v. UNITED STATES OF AMERICA) 1955 Treaty of Amity, Economic Relations and Consular Rights between the United States and Iran — Iranian claims and United States counter-claim for breach of Article X, paragraph 1 — Jurisdiction based on Article XXI, paragraph 2 — Factual background. * * United States contention that the Court should reject Iran’s claims and refuse it the relief it seeks because of Iran’s allegedly unlawful conduct — “Clean hands” — Argument not presented as objection to admissibility — Not necessary to decide the issue. * Iranian claims based on Article X, paragraph 1, of Treaty — Alleged infringement of freedom of commerce between the territories of the Parties by attack on Iranian oil platforms — Judgment of 12 December 1996 on jurisdiction — Relevance of other Articles for interpretation or application of Article X, paragraph 1 — Task of the Court to ascertain whether there has been a - 2 - breach of Article X, paragraph 1 — United States contention that Article XX, paragraph 1 (d), concerning measures necessary to protect the essential security interests of a party, is determinative of the question — Order in which the Court should examine Articles X, paragraph 1, and XX, paragraph 1 (d) — Freedom of Court to choose grounds for its decision — Particular considerations in this case militating in favour of an examination of Article XX, paragraph 1 (d), prior to Article X, paragraph 1 — Relationship between Article XX, paragraph 1 (d), and international law on the use of force — Jurisdiction of the Court to interpret and apply Article XX, paragraph 1 (d), extending, where appropriate, to the determination whether action was or not unlawful use of force, by reference to international law — Provisions of the United Nations Charter and customary international law — Jurisdiction of the Court limited to that conferred by the consent of the Parties.
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