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Publish date: Sunday 14 February 2021
view count : 801
create date : Sunday, February 14, 2021 | 10:52 AM
publish date : Sunday, February 14, 2021 | 10:42 AM
update date : Sunday, February 14, 2021 | 10:55 AM

Expert: The Hague tribunal ruling a great victory for Iranian legal team

  • Expert: The Hague tribunal ruling a great victory for Iranian legal team

Allameh Tabatabai University faculty member and director of The Hague Center for International Law and Investment considered the International Court of Justice's jurisdiction to hear Iran's complaint against the United States an important achievement for Iran and said that in this legal duel, the Islamic Republic of Iran has moved ahead.

Haybatallah Najandimanesh said that countries compete with each other in different fields and the same is true with respect to the field of law however law is less tangible because it has a software aspect, but its effect is very profound and decisive.

 

In an interview with IRNA, Najandi Manesh explained about the hearing process at the International Court of Justice and said that jurisdiction is the basis of the main hearing. In other words, if we could not reject the American arguments at this stage, we would not be able to enter the main stage, which is the substantive consideration.

 

"That we have been able to convince the Court that the US imposed sanctions are a violation of the treaty is a very important step."

 In front of our legal team, there was a strong legal team from the United States and it did its best to convince the court not to exercise its jurisdiction, the expert added.

 

"Although the jurisdiction phase is an important phase, the more difficult phase is the substantive phase and winning the jurisdiction stage can create a strong psychological and even legal motivationfor the Iranian legal team," said the director of the Hague Center for International Law and Investment.

 

The faculty member of Allameh Tabatabai University reminded that when the court issued its temporary order in this case, we all knew that the United States would not implement this order, but the court’s measure was very effective diplomatically.

"One of the reasons why European countries do not cooperate with the United States could be this temporary order of the Court.  At the very least, it raised suspicions among international public opinion, and even among countries close to the United States, that US sanctions have violated international human rights”, he added.

 

 

 

Najandimanesh noted that the previous US administration at first practiced the withdrawal of the United States from the treaties in which there was a condition to refer to the Court and then it even practically became hostile to some institutions, including the International Criminal Court, and sanctioned it.

 

The faculty member of Allameh Tabatabai University said stated that in any case, considering the political conditions and trends, there is a possibility of compromise. One must wait with full vigilance and always be prepared for the most difficult and complex movement of the other side.

 

"The lifting of sanctions does not seem to be decisive in itself. Americans are not trustworthy and this has been proven many times. It is important to have reassurance for Iran. In any case, if this reassurance is created for Iran, we can talk about compromise”.

 

The Court's qualification is a victory for Iran in its legal campaign against the United States. However, the process of examining the nature of this complaint is time consuming and may take years.

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