The immediate filing of an Iranian action before the ICJ has been proposed over the past couple of years, and most recently by, among others, Professor Francis Boyle and Mohammad Nahavandian Chief of Iran's Chamber of Commerce, Industry, Mines and Agriculture. Iran taking the sanctions case to the World Court would also advance accountability under international law and because the ICJ would likely grant Iran's Petition for Interim Measures of Protection the sanctions could be suspended during the course of the years of litigation which would directly and positively affect the lives of suffering Iranians while giving the parties a chance to settle their differences peacefully using diplomacy.
Iran has the facts of the US sanctions case in its favor and there are ample solid legal theories to argue to and convince the World Court. Under the ICJ Statute, the ICJ must decide cases in accordance with international law. Hence the ICJ must apply (1) any international conventions and treaties; (2) international custom; (3) general principles recognized as law by civilized nations; and (4) judicial decisions and the teachings of highly qualified publicists of the various nations. From this body of international law the International Court of Justice would find ample basis to support Iran's claims not only for the benefit of its civilian population but also to advance the rule of law in the global community.
The ICJ is made up of 15 jurists from different countries. No two judges at any given time may be from the same country. The court's composition is static but generally includes jurists from a variety of cultures. Among the Principles, Standards and Rules of international law Iran should argue to the World Court could include, but would not be limited to, the following:
- The US led sanctions violate international humanitarian law due to the negative health effects of the sanctions on the civilian populations. This renders the sanctions illegal under international customary law and the UN Charter for their disproportionate damage caused to Iran's civilian population;
- The US led severe sanctions regime constitutes an illegitimate form of collective punishment of the weakest and poorest members of society, the infants, the children, the chronically ill, and the elderly;
- The US, France and the UK have violated the UN Charter by their imposition of severe economic sanctions and threats of military and even nuclear force. The United States, Israel, and some of their allies, regularly threaten Tehran with the "option" of a military strike against its civilian nuclear facilities. The ICJ has ruled previously that "A threat or use of force by means of nuclear weapons is contrary to Article 2, paragraph 4, of the UN Charter and that fails to meet all the requirements of Article 51, is unlawful". It has further ruled that "A threat of use of nuclear weapons must also be compatible with the requirements of the international law applicable in armed conflict, particularly those of the principles and rules of humanitarian law, as well as with specific obligations under treaties and other undertakings which expressly deal with nuclear weapons" .
- 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.
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