The effectiveness of naming the Islamic Revolutionary Guard Corps by the United States of America in violation of the immunity rights of the Iranian government&#039;s property in Canada from the international point of view

Omidvar, Mohammad Amin; Zaheri, Alireza; Salimi, Sadegh

doi:10.48308/jlr.2024.236341.2769

The effectiveness of naming the Islamic Revolutionary Guard Corps by the United States of America in violation of the immunity rights of the Iranian government's property in Canada from the international point of view

Articles in Press

Document Type : Original Article

Authors

Mohammad Amin Omidvar ¹

alireza zaheri ²

sadegh salimi ³

¹ PhD Candifdate of International Laaw

² International law- Law faculty- Islamic Azad University- Tehran- Iran

³ Tehran Markaz University

10.48308/jlr.2024.236341.2769

Abstract

Following the U.S. designation of the Islamic Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, American victims of the IRGC's actions began filing lawsuits and enforcing their judgments both domestically and internationally. Canada became one of the countries where these victims sought to have foreign judgments recognized and property belonging to the IRGC confiscated. Over the years, Canada has enacted several laws, including the Justice for Victims of Terrorism Act and the Foreign Missions and International Organizations Act. Since 2019, Canada has taken numerous steps to enforce U.S. court judgments related to the IRGC's alleged terrorist activities, resulting in the seizure of Iranian assets in Canada.

The central question of this article is whether this action violates the principle of state immunity under international law, considering the IRGC's designation as a foreign terrorist organization. The research concludes that because the IRGC is an integral part of the Islamic Republic of Iran's government, as per Article 150 of the Iranian Constitution, it is protected under the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property. Consequently, the Canadian courts' recognition and enforcement of U.S. judgments against the IRGC may conflict with the established international legal doctrine of state immunity. Therefore, while the IRGC's designation as a terrorist organization influences legal actions, it does not override the immunity typically granted to foreign governments and their entities under international law.

Keywords

Islamic Revolutionary Guard Corps

state immunity

confiscation of state property

terrorism

Subjects