ICJ Rejects Iran's Bid to Release Assets Frozen by US

Members of the US and Iranian delegations before the judges of the International Court of Justice in The Hague (AP)
Members of the US and Iranian delegations before the judges of the International Court of Justice in The Hague (AP)
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ICJ Rejects Iran's Bid to Release Assets Frozen by US

Members of the US and Iranian delegations before the judges of the International Court of Justice in The Hague (AP)
Members of the US and Iranian delegations before the judges of the International Court of Justice in The Hague (AP)

The International Court of Justice (ICJ) has rejected Iran's legal bid to release about $2 billion owned by the Markazi Bank frozen by the US.

The Associated Press reported that the largest part of the case focused on Bank Markazi and its frozen assets of $1.75 billion in bonds and accumulated interest in a Citibank account in New York.

The court said it did not have jurisdiction based on the 1955 Treaty of Amity because its protections do not extend to central banks.

The highest UN judicial body, based in The Hague, said it did not have jurisdiction to rule on the Iranian claim linked to the Markazi Bank but considered that Washington "violated" the rights of Iranian individuals and companies and must compensate them, according to AFP.

Reuters described the ruling as a "partial victory" for Iran, saying Washington had illegally allowed courts to freeze assets of some Iranian companies and ordered the United States to pay compensation but left the amount to be determined later.

The case before the ICJ was initially brought by Iran against the US in 2016. Tehran alleged Washington breached a 1955 friendship treaty by allowing US courts to freeze the assets of Iranian companies.

The assets should be paid to victims of attacks blamed on Tehran, including the 1983 bombing of a US Marine barracks in Beirut.

Acting legal adviser Rich Visek of the US State Department said the court had "rejected the vast majority of Iran's case," saying it was a "major victory."

Visek stated: "This is a major victory for the United States and victims of Iran's state-sponsored terrorism."

In response, the Iranian Foreign Ministry said that the "verdict... shows once again the legitimacy" of Iran's positions "and the illegal behavior of the United States."

The complex 67-page ruling comes amid escalating tensions between Washington and Tehran, following exchanged attacks between Iranian-backed militants and US forces in Syria last week.

Relations were strained after Russia's use of Iranian drones against Ukraine, and efforts to revive the 2015 nuclear deal between Iran and major world powers stalled.

Shortly after its 2018 withdrawal from the Iran nuclear deal, Washington announced it would formally end the 1955 treaty.

The US Supreme Court ruled that money from Iran's central bank could be used as compensation for the 241 US troops who died in the 1983 bombing that targeted a military base, which was believed to be linked to Tehran.

Iran denies responsibility for the terror attacks alleged by Washington.

The ICJ rulings are binding and not subject to appeal but have no enforcement powers. Countries can resort to the Security Council if another country does not comply with a resolution.

The United States and Iran are among a handful of countries that have previously disregarded its decisions.

Earlier this month, New York District Judge Loretta Preska ordered Iran's central bank and a European intermediary to pay out $1.68 billion to family members of the troops killed in the 1983 car bombing of the US Marine Corps barracks in Lebanon.

Victims and their families won a $2.65 billion judgment against Iran in federal court in 2007 over the attack.

Six years later, they sought to seize bond proceeds allegedly owned by Bank Markazi and processed by Clearstream to satisfy the court judgment partially.

Bank Markazi argued that the lawsuit was not permitted under the Foreign Sovereign Immunity Act (FSIA), which generally protects foreign governments from liability in US courts.

Preska said the 2019 law authorizes US courts to allow the seizure of assets outside the country to satisfy judgments against Iran in terrorism cases, "notwithstanding" other laws such as FSIA that would grant immunity.

A Luxembourg court in 2021 ordered Clearstream not to move the funds until a court in that country recognizes the US ruling. Clearstream has appealed that decision.

Information about frozen Iran assets abroad is conflicting. Some unofficial estimates put it between $100 billion and $120 billion.

The former governor of the Markazi Bank of Iran, Valiollah Seif, said that after the nuclear deal was announced in 2015, the agreement would release $30 billion of Iran's frozen assets.

Iran is currently demanding the release of the frozen funds in South Korean and Japanese banks that were being used to pay for oil imports and the export of goods, and the revenues from the sale of gas and electricity in Iraq.



Grossi Wants to Meet with Iran’s Pezeshkian ‘at Earliest Convenience’

International Atomic Energy Agency (IAEA) Director General Rafael Grossi speaks to the media at the Dupont Circle Hotel in Washington, US, March 15, 2023. (Reuters)
International Atomic Energy Agency (IAEA) Director General Rafael Grossi speaks to the media at the Dupont Circle Hotel in Washington, US, March 15, 2023. (Reuters)
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Grossi Wants to Meet with Iran’s Pezeshkian ‘at Earliest Convenience’

International Atomic Energy Agency (IAEA) Director General Rafael Grossi speaks to the media at the Dupont Circle Hotel in Washington, US, March 15, 2023. (Reuters)
International Atomic Energy Agency (IAEA) Director General Rafael Grossi speaks to the media at the Dupont Circle Hotel in Washington, US, March 15, 2023. (Reuters)

Director General of the International Atomic Energy Agency (IAEA) Rafael Grossi announced he intends to visit Tehran through a letter he addressed to Iranian President Masoud Pezeshkian.

Iranian Mehr Agency reported that Grossi sent a congratulatory message to the Iranian president-elect, which stated: “I would like to extend my heartfelt congratulations to you on your election win as President of the Islamic Republic of Iran.”

“Cooperation between the International Atomic Energy Agency and the Islamic Republic of Iran has been at the focal attention of the international circles for many years. I am confident that, together, we will be able to make decisive progress on this crucial matter.”

“To that effect, I wish to express my readiness to travel to Iran to meet with you at the earliest convenience,” Iran’s Mehr news agency quoted Grossi as saying.

The meeting – should it take place - will be the first for Pezeshkian, who had pledged during his election campaign to be open to the West to resolve outstanding issues through dialogue.

Last week, American and Israeli officials told the Axios news site that Washington sent a secret warning to Tehran last month regarding its fears of Iranian research and development activities that might be used to produce nuclear weapons.

In May, Grossi expressed his dissatisfaction with the course of the talks he held over two days in Iran in an effort to resolve outstanding matters.

Since the death of the former Iranian president, Ibrahim Raisi, the IAEA chief refrained from raising the Iranian nuclear file, while European sources said that Tehran had asked to “freeze discussions” until the internal situation was arranged and a new president was elected.