United States Diplomatic and Consular Staff in Tehran. What you need to know about the two Territorial Independent States, the (United States of America v. Iran): By Muktar Goni
The case was brought before the Court by Application by the United States following the occupation of its Embassy in Tehran by Iranian militants on 4 November 1979, and the capture and holding as hostages of its diplomatic and consular staff. On a request by the United States for the indication of provisional measures, the Court held that there was no more fundamental prerequisite for relations between States than the inviolability of diplomatic envoys and embassies, and it indicated provisional measures for ensuring the immediate restoration to the United States of the Embassy premises and the release of the hostages.
In its decision on the merits of the case, at a time when the situation complained of still persisted, the Court, in its Judgment of 24 May 1980, found that Iran had violated and was still violating obligations owed by it to the United States under conventions in force between the two countries and rules of general international law, that the violation of these obligations engaged its responsibility, and that the Iranian Government was bound to secure the immediate release of the hostages, to restore the Embassy premises, and to make reparation for the injury caused to the United States Government.
The Court reaffirmed the cardinal importance of the principles of international law governing diplomatic and consular relations. It pointed out that while, during the events of 4 November 1979, the conduct of militants could not be directly attributed to the Iranian State for lack of sufficient information that State had however done nothing to prevent the attack, stop it before it reached its completion or oblige the militants to withdraw from the premises and release the hostages.
The Court noted that, after 4 November 1979, certain organs of the Iranian State had endorsed the acts complained of and decided to perpetuate them, so that those acts were transformed into acts of the Iranian State. The Court gave judgment, notwithstanding the absence of the Iranian Government and after rejecting the reasons put forward by Iran in two communications addressed to the Court in support of its assertion that the Court could not and should not entertain the case.
The Court was not called upon to deliver a further judgment on the reparation for the injury caused to the United States Government since, by Order of 12 May 1981, the case was removed from the List following discontinuance as this saw the ending of formal diplomatic relations between the two States. Pakistan serves as Iran’s protecting power in the United States, while Switzerland serves as the United States’ protecting power in Iran.
According to Article 2(3) and (4) of the UN charter provided that:
(3) All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Donald Trump ordered an airstrike that killed Iran’s most powerful general in the early hours of Friday, in a dramatic escalation of an already bloody struggle between Washington and Tehran for influence across the region.
Despite the fact that United State of America is a charter member of the United Nations and one of five permanent members of the UN Security Council which Iran is also a member.
US uses it influence and kills Iranian Army General out of suspicious circumstances simply because they are paying 25 percent of the regular budget and 30 percent of peacekeeping costs of the United Nations.