| |
[p 23]
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court, and to Articles 31,
44 and 45 of the Rules of Court,
Having regard to the Application by the United States of America filed in
the Registry of the Court on 29 November 1979, instituting proceedings
against the Islamic Republic of Iran in respect of a dispute concerning the
situation in the United States Embassy in Tehran and the seizure and holding
as hostages of members of the United States diplomatic and consular staff in
Iran;
Whereas on the day on which the Application was received in the Registry,
the Government of Iran was notified by telegram of the filing thereof, and
of the submissions therein made, and in accordance with Article 40,
paragraph 2, of the Statute, a copy of the Application was the same day
communicated to the Government of Iran;
Having regard to the letter of 9 December 1979, transmitted by telegram,
from the Minister for Foreign Affairs of Iran, setting out the position of
the Government of Iran with respect to the proceedings, and maintaining
(inter alia) on various grounds that the Court cannot and should not take
cognizance of the case;
Whereas the Government of Iran did not appoint an agent, and was not
represented at the hearing on 10 December 1979, on the request by the United
States of America dated 29 November 1979 for the indication of [p 24]
provisional measures, of which hearing it had been notified by telegrams of
29 November and 3 December;
Having regard to the Order made by the Court on 15 December 1979, by which
the Court indicated provisional measures in the case, pursuant to Article 41
of the Statute, which indication in no way prejudges the question of the
jurisdiction of the Court to deal with the merits of the case or any
question relating to the merits themselves;
Having ascertained the views of the Applicant, and having given the
Respondent an opportunity of stating its views;
Taking into account the circumstances of the case,
Fixes as follows the time-limits for the written proceedings:
15 January 1980 for the Memorial of the United States of America;
18 February 1980 for the Counter-Memorial of the Islamic Republic of Iran,
with liberty for the Islamic Republic, if it appoints an Agent for the
purpose of appearing before the Court and presenting its observations on the
case, to apply for reconsideration of such time-limit;
And reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-fourth day of December, one thousand
nine hundred and seventy-nine, in three copies, one of which will be placed
in the archives of the Court, and the others transmitted to the Government
of the United States of America, and to the Government of the Islamic
Republic of Iran, respectively.
(Signed) Humphrey Waldock,
President.
(Signed) S. Aquarone,
Registrar. |
|
