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Why Iran should take the US led sanctions issue to the International Court of Justice

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-          Examples of the scores of threats to use force by US officials Remarks made by retired U.S. Army general Jack Keane, who earlier this year urged the administration of U.S. President Barack Obama to use covert action against Iran and target members of the Quds Force, the Guard's special foreign actions unit, and former CIA official Reuel Marc Gerecht who was reported as saying regarding Iran's nuclear standoff with the West: "I don't think that you are going to really intimidate these people, get their attention, unless you shoot somebody." Both urged the Obama administration to assassinate top Iranian security officials, including Quds Force chief Qasem Soleimani. U.S. planes and warships are currently entering the Persian Gulf, while 44 U.S. senators are promoting an AIPAC initiative urging president Obama to break off talks with Tehran, toughen the sanctions even further and prepare for war.

-          Unilateral US sanctions are illegal under International Law because they are in fact multilateral and impose penalties on any country which opposes the sanctions or does not choose to participate in them;

-          The US led sanctions amount to an Act of War given their effects including hardships on the general public and that Iran therefore has a legal right to Self-Defense including closing the Straits of Hormuz;

-          The US led sanctions, given their design and intent, constitute acts of aggression against Iran in violation of Article 2 (4) of the UN charter.

-          The indisputable facts of the US led sanctions case warrant the imposition by the ICJ of Restraining Orders designed to prevent a military attack on Iran, to prohibit any type of blockade of Iran and cease the imposition of further economic sanctions against Iran, and also their efforts of securing more sanctions against Iran at the United Nations Security Council.   The Restraining Orders should also seek to prohibit the US and its allies from advocating aggressive military actions against Iran and to negotiate with Iran in good faith over the dispute concerning nuclear re-processing.

-          Iran should apply to the World Court for Temporary Restraining Orders (TRO's) against the US, UK, France, EU, among others states, to cease and desist from committing ongoing voluminous threats by US officials, including members of Congress such as Chairman of the House Homeland Security Committee Peter King, Chairman of Subcommittee on Oversight, Investigations, and Management Michael McCaul, and Chairman of the Subcommittee on Counterterrorism and Intelligence Patrick Meehan.

-          The US has failed to separate acts of war and from the economic sanctions   which are being used as an act of force;

-          Iran can legitimately claim and should argue at the ICJ that certain bi-lateral or multilateral economic sanctions imposed by single countries or by intergovernmental bodies like the United Nations are illegal or even criminal due to their assault on the international legal Right to Development or in the case of military sanctions, the Right of Self-defense;

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-          The US led sanctions violate the international law principle of Non-intervention in the internal affairs of UN member states:

-            As Germany's Green Party has argued, sanctions against Iran over its nuclear program violate international laws as long as no evidence of deviation toward nuclear weapons construction is found.

Despite Iran's strong case on both the facts and the law, and the diversity in structure and composition of the International Court of Justice, the International Tribunal has a few times over the years been criticized for favoring established powers. Under articles 3 and 9 of the ICJ Statute, the judges on the ICJ should represent "the main forms of civilization and principal legal systems of the world." This definition suggests that the ICJ does not represent the interests of developing countries.

Nevertheless, the World Courts record has been by and large exemplary in applying Principles, Standards and Rules of international law both in contested cases and advisory opinions and Iran has an excellent opportunity to protect its citizens, thwart US and Israeli designs on the region, and advance international accountability all to the inestimable benefit of all people and nations.

Iran should file an application with the International Court of Justice regarding the US led sanctions campaign without further delay.

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Will sanctions against Iran's nuclear program have... by David Haggith on Tuesday, Jul 17, 2012 at 11:35:00 PM