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.



Blinken Meets China’s Wang after Chiding Beijing’s ‘Escalating Actions’ at Sea

US Secretary of State Antony Blinken speaks at the 57th ASEAN Foreign Ministers' Meeting at the National Convention Center, in Vientiane, Laos, July 27, 2024. (Reuters)
US Secretary of State Antony Blinken speaks at the 57th ASEAN Foreign Ministers' Meeting at the National Convention Center, in Vientiane, Laos, July 27, 2024. (Reuters)
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Blinken Meets China’s Wang after Chiding Beijing’s ‘Escalating Actions’ at Sea

US Secretary of State Antony Blinken speaks at the 57th ASEAN Foreign Ministers' Meeting at the National Convention Center, in Vientiane, Laos, July 27, 2024. (Reuters)
US Secretary of State Antony Blinken speaks at the 57th ASEAN Foreign Ministers' Meeting at the National Convention Center, in Vientiane, Laos, July 27, 2024. (Reuters)

US Secretary of State Antony Blinken met his Chinese counterpart Wang Yi on Saturday during a regional summit in Laos, hours after criticizing Beijing's "escalating and unlawful actions" in the South China Sea.

Blinken and Wang shook hands and exchanged greetings in front of cameras but made no comments before moving to closed-door talks in what will be their sixth meeting since June 23, when Blinken visited Beijing in a significant sign of improvement for strained relations between the world's two biggest economies.

Though Blinken had singled out China over its actions against US defense ally the Philippines in the South China Sea during a meeting with Southeast Asian counterparts earlier on Saturday, he also lauded the two countries for their diplomacy after Manila completed a resupply mission to troops in an area also claimed by Beijing.

The troop presence has for years angered China, which has clashed repeatedly with the Philippines over Manila's missions to a grounded navy ship at the Second Thomas Shoal, causing regional concern about an escalation.

The two sides this week reached an arrangement over how to conduct those missions.

"We are pleased to take note of the successful resupply today of the Second Thomas shoal, which is the product of an agreement reached between the Philippines and China," Blinken told ASEAN foreign ministers.

"We applaud that and hope and expect to see that it continues going forward."

GAZA SITUATION 'DIRE'

Blinken and Wang attended Saturday's security-focused ASEAN Regional Forum in Laos alongside top diplomats of major powers including Russia, India, Australia, Japan, the European, Britain and others, before heading to their meeting.

Blinken said earlier the United States was "working intensely every single day" to achieve a ceasefire in Gaza and find a path to more enduring peace and security.

His remarks follow those of Indonesian Foreign Minister Retno Marsudi, who said the need for sustainable peace was urgent and international law should be applied to all. The comment from the world's largest Muslim-majority nation, was a veiled reference to recent decisions by two international courts over Israeli's Gaza offensives.

"We cannot continue closing our eyes to see the dire humanitarian situation in Gaza," she said.

More than 39,000 Palestinians have been killed in the fighting in Gaza since Israel launched its incursion, according to Palestinian health authorities, who do not distinguish between fighters and non-combatants.

Israeli officials estimate that some 14,000 fighters from armed groups including Hamas and Islamic Jihad, have been killed or taken prisoner, out of a force they estimated to number more than 25,000 at the start of the war.

The war began when Hamas fighters attacked Israel on Oct. 7, killing 1,200 people and abducting some 250 others, according to Israeli tallies.

Also in Laos, Russia's Foreign Minister Sergei Lavrov said guidelines on the operation of US nuclear assets on the Korean peninsula were certain to add to regional security concerns.

Lavrov, according to South Korean news agency Yonhap, said he had not been briefed on the details of the plan, which was of concern to Russia.

"So far we can't even get an explanation of what this means, but there is no doubt that it causes additional anxiety," Russia's state-run RIA new agency quoted him as saying.

'THIS IS NOT SUSTAINABLE'

Ahead of Saturday's two summits, Australian Foreign Minister Penny Wong urged Myanmar's military rulers to take a different path and end an intensifying civil war, pressing the generals to abide by their commitment to follow ASEAN's five-point consensus peace plan.

The conflict pits Myanmar's well-equipped military against a loose alliance of ethnic minority rebel groups and an armed resistance movement that has been gaining ground and testing the generals' ability to govern.

The junta has largely ignored the ASEAN-promoted peace effort, and the 10-member bloc has hit a wall as all sides refuse to enter into dialogue.

"We see the instability, the insecurity, the deaths, the pain that is being caused by the conflict," Wong told reporters.

"My message from Australia to the regime is, this is not sustainable for you or for your people."

An estimated 2.6 million people have been displaced by fighting. The junta has been condemned for excessive force in its air strikes on civilian areas and accused of atrocities, which it has dismissed as Western disinformation.

ASEAN issued a communique on Saturday, two days after its top diplomats met, stressing it was united behind its peace plan for Myanmar, saying it was confident in its special envoy's resolve to achieve "an inclusive and durable peaceful resolution" to the conflict.

It condemned violence against civilians and urged all sides in Myanmar to cease hostilities.

ASEAN welcomed unspecified practical measures to reduce tension in the South China Sea and prevent accidents and miscalculations, while urging all stakeholders to halt actions that could complicate and escalate disputes.

The ministers described North Korea's missile tests as worrisome developments and urged peaceful resolutions to the conflicts in Ukraine, as well as Gaza, expressing concern over the dire humanitarian situation and "alarming casualties" there.