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UN court says it can hear Iran-US sanctions case
By Danny KEMP
The Hague (AFP) Feb 4, 2021

US 'disappointed' as UN court takes up Iran sanctions
Washington (AFP) Feb 3, 2021 - The United States on Wednesday said it was "disappointed" by the top UN court's ruling that it can take up Iran's bid to overturn US sanctions reimposed by Donald Trump.

In a sharp shift in tone from Trump's "America First" rhetoric, President Joe Biden's State Department said it had "great respect" for the International Court of Justice.

But State Department spokesman Ned Price said: "We are disappointed that the court did not accept our well-founded legal arguments that the case Iran brought is outside the court's jurisdiction."

He criticized Iran for casting the ruling as a victory, saying that the court had issued "a preliminary ruling, not a decision on the merits."

"In the next phase of this case we'll explain why Iran's claim has no merits," Price said.

"We remain clear-eyed about the dangers posed by Iran's malign activities and that's again why we are undertaking the important diplomacy, that we are at the moment."

Trump in 2018 pulled out of a nuclear deal negotiated by his predecessor Barack Obama and reimposed sweeping sanctions.

In the suit, Iran said that the United States breached a 1955 friendship treaty between the two countries -- at a time when Washington was a close ally of the Western-oriented shah.

International Court of Justice President Abdulqawi Ahmed Yusuf rejected US objections by saying that the tribunal in The Hague had jurisdiction to take up the case, but a ruling could be months or even years away.

The case comes as the Biden administration inches toward returning to diplomacy with Iran, a process that could see the president advocating for easing sanctions.

Biden has voiced support for returning to the nuclear accord but his administration says that Iran must first return to compliance -- undoing steps it took to protest Trump's sanctions.

Under Trump, the State Department responded to Iran's suit by revoking the Treaty of Amity.

The UN's top court has said it can hear Iran's bid to overturn US nuclear sanctions reimposed by Donald Trump, prompting "disappointment" in Washington, which had argued the issue lies outside its jurisdiction.

Iran's foreign minister swiftly hailed Wednesday's decision as a "victory" in the case launched three years ago at the International Court of Justice (ICJ) in The Hague.

Tehran alleges that Trump, when he was US president, breached a 1955 friendship treaty between the two countries by pulling out of a 2015 nuclear deal -- to the dismay of European allies -- and reactivating the sanctions.

Washington had said the Hague-based ICJ did not have jurisdiction and must throw out the case. It also argued the sanctions were necessary because Iran posed a "grave threat" to international security.

But judges at the court rejected all the US objections.

ICJ President Abdulqawi Ahmed Yusuf said the tribunal "finds consequently that it has jurisdiction.... to entertain the application filed by the Islamic Republic of Iran".

The US State Department said it was "disappointed" by the decision.

"In the next phase of this case we'll explain why Iran's claim has no merits," spokesman Ned Price said.

A final ruling on sanctions by the ICJ -- set up after World War II to rule in disputes between UN member states -- could still be months or even years away.

The 2015 nuclear deal saw Tehran limit its nuclear powers and let in international inspectors, in return for an end to years of sanctions by the West.

After Trump pulled out, Iran invoked the 1955 "Treaty of Amity", which predates the 1979 Islamic revolution that overthrew the pro-US shah and severed ties with the United States.

Iran said the reimposition of sanctions caused "hardship and suffering" and was "ruining millions of lives".

- Rouhani rejects changes -

It is the second win for Iran in the case, after the ICJ ordered the US in 2018 to ease sanctions on humanitarian goods as an emergency measure while the overall lawsuit is dealt with.

In response, Washington formally ended the Treaty of Amity that same year.

"Another legal victory for Iran," foreign minister Mohammad Javad Zarif tweeted on Wednesday.

"Iran has always fully respected int'l law. High time for the US to live up to its int'l obligations," Zarif said.

The 2015 nuclear deal involving the five permanent members of the UN Security Council -- Britain, China, France, Russia and the US, plus Germany -- has hung by a thread since Trump pulled out.

Iranian President Hassan Rouhani earlier Wednesday ruled out changes to the nuclear accord and dismissed calls to broaden the terms of the deal and include regional countries.

New US President Joe Biden has voiced support for returning to the deal but insisted that Tehran must first resume full compliance by reversing measures it took to protest the sweeping sanctions imposed by his predecessor.

The Biden administration argues that Trump's actions badly backfired, with Iran both moving away from the nuclear deal and only intensifying its opposition to US interests.

Zarif on Monday asked the European Union to help coordinate a return to the nuclear deal.


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NUKEWARS
Top US diplomat Blinken sees long road to Iran deal
Washington (AFP) Jan 27, 2021
The United States will only return to the Iran nuclear deal once Tehran meets its commitments, Secretary of State Antony Blinken said Wednesday, warning of a long road until verification. On his first full day as the top US diplomat, Blinken confirmed President Joe Biden's willingness to return to the deal trashed by his predecessor but rejected Iranian pressure for the United States to act first. "Iran is out of compliance on a number of fronts. And it would take some time, should it make the d ... read more

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