Question

discuss the ramifications and importance of the Case Concerning United States Diplomatic and Consular Staff in Tehran Slomanson pages 100-104. What rules of International Law were breached by Iran in the Hostage case? Assuming that the U.S. was responsible for the violations of International Law-as asserted by Iran in the preliminary passage of this case do such violations justify Iran's kidnapping the hostages or taking over the embassy?

Answer 1

On November 4, 1979 a group of Iranian students belonging to the Muslim Student Followers took about 60 American diplomatic and consular staff as hostages and kept them confined for 444 days, and took over US embassy in Tehran. They wanted the then ruler of Iran Raza Shah Pahlevi back when he was permitted to visit the US solely for the medical treatment. The then Government led by Khomeini was also supporting the students.

Under the treaty of US- Iranian treaty of Amity, Economic relations, and consulate rights, American citizens present in Iran are entitled to receive the highest level of protection security within the territory of Iran., but these hostages were deprived of civil liberties they were entitled as per international law. In its judgment on 24th May 1980, it was found by the court that Iran was violating its obligation owned by them towards the US under conventions in force between the two countries and rules of General international law and that the Iranian Government was bound to secure the immediate release of the hostages, and have to pay for the injury caused to the status of US and restore the embassy premises.

There was a constant threat from the captives that the hostages will be killed if the US government uses any force to free them. With the Iranian government violating international law as well as Vienna treaty. Under the UN charter, the sanction was the first option as the Iranian government was violating the international law by depriving them basic rights and the threat of causing injury even death.  The U.S. Government indeed requested the Security Council to order economic sanctions against Iran, The charter provision and language states that the dispute should be settled without using force.

The Iranians demands were the return of the Shah and the wealth that was deposited in American banks and an apology from the US by July, Shah was dead and most of the wealth was removed from American banks. After a long negotiation with the new president of the US, On January 19, 1981 as per Algiers Accords immediate freeing of the hostages, the unfreezing of $7.9 billion of Iranian assets, and a pledge from the US that it will not interfere directly indirectly, politically or military in the internal matter of Iran. Iran deposited $1 billion in an to satisfy claims adjudicated by the Tribunal in favor of American businesses that were affected due to hostage problem. On January 20, 1981, the remaining hostages were released. The Iranian government took gold instead of US dollars and they did not release the hostages unless the president's term got over.

The demand of the Iranian government was to return Shah to Iran and the wealth that he had unlawfully deposited in various American Banks as his personal wealth. When Shah took refuge in the US, he was not given back and the wealth was not released, although his regime was overthrown, and there was a continuous support to Shah from the US, then he too asylum in Egypt till his death in July 1980. Kidnapping itself is a crime there is no justification in kidnapping even simple pubic.