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    Tehran Case Brief

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    Grace Addai
    On November 4, 1979, Iranian students took over the U.S. Embassy in Tehran and took more than 60 American hostages, holding them for over a year. The U.S. cut diplomatic and economic ties with Iran in response. The International Court of Justice ruled that Iran was responsible for the hostage-taking and ordered Iran to release the hostages and ensure protection of the embassy, as required by international law. The court found that while the students initially acted privately, Iran's approval and perpetuation of their actions meant the students became agents of the Iranian state.

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    Tehran Case Brief

    Uploaded by

    Grace Addai
    133 views2 pages
    On November 4, 1979, Iranian students took over the U.S. Embassy in Tehran and took more than 60 American hostages, holding them for over a year. The U.S. cut diplomatic and economic ties with Iran in response. The International Court of Justice ruled that Iran was responsible for the hostage-taking and ordered Iran to release the hostages and ensure protection of the embassy, as required by international law. The court found that while the students initially acted privately, Iran's approval and perpetuation of their actions meant the students became agents of the Iranian state.

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    On November 4, 1979, Iranian students took over the U.S. Embassy in Tehran and took more than 60 American hostages, holding them for over a year. The U.S. cut diplomatic and economic ties with Iran in response. The International Court of Justice ruled that Iran was responsible for the hostage-taking and ordered Iran to release the hostages and ensure protection of the embassy, as required by international law. The court found that while the students initially acted privately, Iran's approval and perpetuation of their actions meant the students became agents of the Iranian state.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    133 views2 pages

    Tehran Case Brief

    Uploaded by

    Grace Addai
    On November 4, 1979, Iranian students took over the U.S. Embassy in Tehran and took more than 60 American hostages, holding them for over a year. The U.S. cut diplomatic and economic ties with Iran in response. The International Court of Justice ruled that Iran was responsible for the hostage-taking and ordered Iran to release the hostages and ensure protection of the embassy, as required by international law. The court found that while the students initially acted privately, Iran's approval and perpetuation of their actions meant the students became agents of the Iranian state.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    INDEX: LAW2022/02/0292

    TEHRAN CASE

    FACTS

    On November 4, 1979, there was an armed attack by Iranian students on the United States Embassy
    in Tehran and they overtook it. The students, belonging to the Muslim Student Followers of the
    Imam's Line, did this as an act of support for the Iranian Revolution. More than sixty American
    diplomats and citizens were held hostage for 444 days (until January 20, 1981). Some of the hostages
    were released earlier, but 52 hostages were held hostage until the end. Although Iran had promised
    protection to the U.S. Embassy, the guards disappeared during the takeover and the government of
    Iran did not attempt to stop it or rescue the hostages. The U.S. arranged to meet with Iranian
    authorities to discuss the release of the hostages, but Ayatollah Khomeini (the leader of the Iranian
    Revolution) forbade officials to meet them. The U.S. ceased relations with Iran, stopped U.S. exports,
    and oil imports, and Iranian assets were blocked

    ISSUE

    Whether or not to what extent can they be legally attributed to the Iranian State (as a distinct entity
    from the occupants of the Embassy) if they are compatible or incompatible with the obligations
    assumed by it by virtue of existing treaties or other applicable norms of international law?

    HOLDINGS

    The first decision was an Order of Provisional Measures, issued on December 15, 1979. This was the
    court issuing an opinion not on the merits underlying the case specifically, but rather ordering the
    preservation of the respective rights and obligations the two countries owed one another pending
    the final decision of the court. More specifically, the Court unanimously declared Iran should ensure
    the restoration of the U.S. embassy in Tehran to U.S. possession, release the hostages, and afford
    diplomatic officials full protections as afforded by the Vienna Convention on Diplomatic Relations.

    The second decision addressed the actual merits of Iran's actions. Iran took no part in the
    proceedings.

    The case was the first real instance of the Court and the Security Council acting together to bring a
    crisis to an end.

    The ICJ considered the case in hand in two phases. The first phase referred to the armed attack on
    the US Embassy in Tehran by militants and students of Iran. The question asked was whether the
    militants and the students were 'agents' of the Iranian Government and therefore, acting on their
    behalf. The second phase comprises the whole series of facts that occurred following the completion
    of the occupation of the US Embassy by militants and the seizure of the Consulates.

    The Court reached a judgment on 24 May 1980.

    For the first question, the ICJ found the militants and students to be 'agents' of the Iranian
    Government, because the latter had approved and perpetuated their actions, translating the
    occupation of the embassy and detention of the hostages into official acts of the state, of which the
    perpetrators, while initially acting in private capacities, were rendered agents of the Iranian state.

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