US vs.

Iran

CASE CONCERNING UNITED STATES DIPLOMATIC AND

CONSULAR STAFF IN TEHRAN
Judgment of 24 May 1980

Facts:
In November 4, 1974, student militants of the group Muslim
Student Followers of the Imam's Line barged into the US
Embassy in Tehran and held US diplomats and consulars
hostage for 444 days. The cause of the Iranian students action
against the US was believed to be the latters grant of medical
asylum to Shah Mohammad Reza Pahlavi and its refusal to turn
the Shah over for trial.

The US sought recourse before the international court, asking

that the hostages be freed and that reparations be given to the
US by the Iranian government for the latters failure to carry its
international legal obligations. US averred that Iran was
responsible due to its initial inaction to the crisis and its
subsequent statement of support to the seizure.

Issue:
Whether or not Iran was liable to the United States for the
seizure of the US embassy and the hostage-taking of the US
nationals by the Iranian militants.

Ruling:
Iran was under obligation to make reparations for the injury
caused to the United States.

Irans failure to take appropriate steps to protect the US embassy

and Consulates was a violation of its obligations under the 1961
Vienna Convention on Diplomatic Relations, the 1963 Vienna
Convention on Consular Relations, and 1955 Treaty of Amity,
Economic Relations and Consular Rights between Iran and the
United States. Iran had the international legal responsibility to
keep the embassy inviolable. Iran was fully aware of its
obligations but it did nothing to prevent the take over and the
captivity of the US nationals.

Although the take-over of the embassy was not held to have

been an act of the state, the consequent detention of the US
nationals was attributed to Iran because of its approval and
support to said detention, such act was a violation of the
provisions in the aforenamed conventions and treaty. Once
organs of the Iranian State had thus given approval to the acts
complained of and decided to perpetuate them as a means of
pressure on the United States, those acts were transformed into
acts of the Iranian State: the militants became agents of that
State, which itself became internationally responsible for their
acts.

For its breaches, the Islamic Republic of Iran had incurred

responsibility towards the United States of America. Iran is
obliged to make reparations and to endeavor for the release of
the hostages.