Explainer: Iran Takes Canada to International Court of Justice

Tehran has filed a case at the United Nations’ top court against Canada, accusing it of breaching its state immunity in allowing civil damages cases against the Islamic Republic for alleged terrorist acts to be filed in Canadian courts.

The move was announced this week as Canada, Sweden, Ukraine and the United Kingdom are planning to move to the International Court of Justice (ICJ) in The Hague in their bid to hold the Islamic Republic of Iran accountable for the 2020 downing of a Ukrainian airliner by Iranian forces.

What is Iran’s complaint?

On June 28, the International Court of Justice in The Hague announced that the Islamic Republic of Iran filed an application instituting proceedings against Canada.

In its filing, Tehran says the dispute arises from “a series of legislative, executive, and judicial measures adopted by Canada against Iran and its property since 2012 in violation of Iran's jurisdictional immunity and immunity from measures of constraint under customary international law.”

What did Canada do against the Islamic Republic?

In August 2012, the Canadian government severed its political and economic ties with the Islamic Republic of Iran. This decision was accompanied by the adoption of the Justice for Victims of Terrorism Act and subsequent amendments to the "State Immunity Act." As a result, the Islamic Republic was included in the list of countries supporting terrorism. 

Under these circumstances, Canada allowed its courts to disregard Iran's governmental immunity in lawsuits directed against the Islamic Republic. 

In other words, due to its support for terrorism, the government of the Islamic Republic of Iran is not granted the customary governmental immunity that other foreign governments enjoy within Canadian jurisdiction.

What Does the Islamic Republic Say?

The Islamic Republic argues that the Canadian government has violated the “jurisdictional immunity which Iran enjoys under international law.” Among other things, Tehran requests the ICJ to compel the Canadian government to “take all necessary steps to ensure that all judicial decisions rendered by its courts in violation of Iran's immunity become unenforceable and ineffective” and to provide “compensation to Iran for the violation of its international obligations.” 

Does the ICJ have jurisdiction to Examine the Complaint?

In order to commence a contentious dispute before the ICJ, a claimant state needs to establish a jurisdictional basis, which entails providing evidence that the court in The Hague has the authority to handle the complaint. In the case of the Islamic Republic of Iran's complaint against Canada, the jurisdictional basis lies in Canada's acceptance of the court's mandatory jurisdiction (Paragraph 2 of Article 36 of the Statute of the ICJ).

Is it Possible to Complain to the ICJ about Illegal Actions by the Islamic Republic?

The government of the Islamic Republic of Iran has not joined the ICJ and has not publicly accepted the jurisdiction of the court. This decision was intended to shield itself from potential complaints by other governments regarding its unlawful actions.

As long as the Islamic Republic refrains from accepting the general jurisdiction of the ICJ, other countries have limited avenues to lodge complaints against it in that court. Similarly, the Islamic Republic itself faces constraints in filing complaints against other countries in the same court.

Why Was Iran Able to File a Complaint at the ICJ?

Two days before submitting its complaint against Canada, Iran issued a declaration accepting the court's mandatory jurisdiction. It's important to note that governments have the choice to accept or reject the jurisdiction of international judicial bodies, and these bodies can exercise their jurisdiction based on the consent of the governments involved.

Hossein Amirabdollahian, the Minister of Foreign Affairs of the Islamic Republic, who signed the declaration, stated in a letter addressed to the ICJ that Iran, under the condition of reciprocity, agrees to the court's mandatory jurisdiction over "judicial immunities of the state and government property" as well as "immunity from restrictive measures against the government or government property."

He emphasized that Iran does not accept the court's jurisdiction in any other disputes.

Has the Canadian government accepted the jurisdiction of the Court?

The Canadian government accepted the compulsory jurisdiction of the ICJ on May 10, 1992. 

Did Iran File Complaint to the ICJ Before?

Iran previously filed four complaints at the ICJ, all against the United States.