The Jurisdictional Basis of the International Court of Justice in Compensation for the Iraq War against Iran

Document Type : Original Article

Authors

1 Faculty Member of the Institution for Research and Development in the Humanities (SAMT)

2 Department of Public and International Law, zanjan branch, islamic azad university, zanjan.

Abstract

Compensation for the Iraq-Iran war of 1980-88 has been a constant issue in Iranian politics and law. In fact, from the very beginning of the war, Iran expected the UN Security Council to consider the issue of damages by determining the aggressor. In the post-war years, too, despite the endeavors of the UN Secretary-General following the provisions of Resolution 598, the choice of an alternative was never taken seriously as an objective political or legal action by Iran. It seems one of the reasons for this reluctant was the lack of awareness of the reliable jurisdictional basis for resort to a reliable legal solution such as the International Court of Justice. As we study the positions of the Iran's political authorities and the relevant scholarly writings on the subject, there is no indication to the Court to institute proceedings against Iraq. The article, while introducing the jurisdictional basis of the Court, deals with the subject of the relevant capacities and restrictions incorporated in the provisions of the treaty and the procedure of the International Court of Justice.

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History

  • Receive Date: 06 June 2022
  • Revise Date: 12 July 2022
  • Accept Date: 10 October 2022

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