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[p.45]
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Article 88 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
seizure and holding as hostages of members of the United States diplomatic
and consular staff in Iran,
Having regard to the Judgment given by the Court on 24 May 1980 in the
proceedings thus instituted, by which the Court decided inter alia that the
Government of the Islamic Republic of Iran was under an obligation to make
reparation to the Government of the United States of America for the injury
caused to the latter in the circumstances described in the Judgment, and
that the form and amount of such reparation, failing agreement between the
Parties, should be settled by the Court, and reserved for that purpose the
subsequent procedure in the case,
Whereas no request has been made to the Court to settle the form and amount
of such reparation;
Whereas by a letter dated 6 April 1981 the Deputy Agent of the United States
informed the Court –[p 46]
"Effective 19 January 1981 the United States and Iran entered into certain
mutual commitments in order to resolve the crisis arising out of the
detention of the fifty-two United States nationals, and for the settlement
of claims between the United States and Iran, as reflected in two
declarations issued on that date by the Government of the Democratic and
Popular Republic of Algeria. Those declarations provide that upon the
certification by the Government of Algeria that the fifty-two U.S. nationals
had safely departed from Iran, 'the United States will promptly withdraw all
claims now pending against Iran before the International Court of Justice…’”
Whereas certified copies of the two Declarations of the Government of the
Democratic and Popular Republic of Algeria dated 19 January 1981, referred
to in the said letter, originals of which were on that date initialled by
duly authorized representatives of the Government of the United States of
America and the Government of the Islamic Republic of Iran, have since been
furnished to the Court by the Deputy Agent of the United States;
Whereas in the said letter of 6 April 1981 the Deputy Agent of the United
States, referring to Article 88, paragraph 1, of the Rules of Court,
requested on behalf of his Government that all proceedings pending before
the Court relating to United States claims against Iran for reparation be
discontinued;
Whereas in the said letter the Deputy Agent of the United States
nevertheless went on to state –
"The United States reserves the right, however, to reinstitute such
proceedings if the Government of Iran fails to live up to its commitments
under the foregoing declarations. Independently of the foregoing, the
United States reserves the right to seek redress in the Court if Iran fails
to return promptly the premises, property, archives and documents of the
United States Embassy in Tehran and of its Consulates in Iran.";
Whereas in response to a letter from the President of the Court dated 15
April 1981, in which it was observed that a discontinuance subject to a
right to reinstitute and pursue the proceedings could not be considered by
the Court as falling within the terms of Article 88 of the Rules of Court,
the Deputy Agent of the United States, by letter of 1 May 1981, gave certain
explanations and informed the Court that
"In seeking a discontinuance, we intend that all currently pending
proceedings relating to the United States claims against Iran for reparation
be discontinued, and that the Court issue an order recording the
discontinuance and directing the removal of those proceedings from the
list", [p 47]
and that the statement in the letter of 6 April quoted above
"was not meant to condition or qualify the normal procedural effect of a
discontinuance";
Whereas copies of the letters of 6 and 15 April and 1 May 1981, recited
above, were transmitted by the Registrar to the Government of Iran; and
whereas no communication has been received from the Government of Iran;
Whereas the Court has thus been notified separately by one of the Parties of
a commitment by that Party, the Applicant in the case, in the context of an
agreed settlement arrived at between the two Parties, that all its claims
before the Court should be withdrawn; and whereas the other Party, having
been informed of such notification, has not addressed to the Court any
observation;
Having regard to the adherence by the Parties to the two Declarations of the
Government of Algeria dated 19 January 1981;
Being satisfied that it is the common intention of the Parties that the
proceedings before the Court should now be brought to an end by their
unconditional discontinuance, and being satisfied that the case should
accordingly be removed from the list;
Places on record the discontinuance of the proceedings in the case,
following upon an agreement between the Parties; and
Directs that the case be removed from the list.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twelfth day of May, one thousand nine hundred
and eighty-one, 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 the Government of the Islamic Republic of Iran,
respectively.
(Signed) Humphrey Waldock,
President.
(Signed) Santiago Torres Bernárdez,
Registrar. |
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