I.

Case Concerning United States Diplomatic and Consular Staff in Tehran (United States
of America v. Iran)
International Court of Justice 1980
II. Facts
a. Filed in The International Court of Justice on 24 May 1980.
b. On 4 November 1979, a militant group of Iranian students entered the United States
Embassy and overtook it, taking its 65 occupants hostage. 13 women and blacks were
released, leaving 52 hostages. Although Iran had promised protection to the U.S.
Embassy, the guards disappeared during the takeover and the government did not attempt
to stop it or rescue the hostages. The U.S. arranged to meet with Iranian authorities to
discuss the release of the hostages; however, Ayatollah Khomeini forbid officials to meet
them. The U.S. subsequently ceased relations with Iran, stopped U.S. exports, oil
imports, and Iranian assets were blocked. Although the militants were not acting on
behalf of the State, neither did the State uphold their agreement to protect U.S. nationals.
The militants said they would hold the hostages until the Shah, who was receiving
medical treatment in the U.S., was returned to Iran.
c. The United States argued that Iran violated the Vienna Convention of 1961 which stated
the Embassy would be protected, as well as the Vienna Convention of 1963 which stated
the nationals would be protected while in their country. Furthermore, the 1955 Treaty
was in effect, which promoted good relations between the U.S. and Iran and promised
protection to its territory and nationals.
d. Iran did not argue its side, instead deciding to make no response to the Courts notices.
III.Questions
a.
Did Iran violate the Vienna Conventions of 1961 and 1963 as well as the 1955
Treaty?
b.
Even though the State of Iran did not overtake the United States Embassy, does it
have the responsibility of ensuring the hostages release?
c.
Should Iran be held responsible for the takeover by the militants? That is, should
Iran have to make reparation to the United States for these actions?
IV. Decision
a. The Court found that the Vienna Conventions and the Treaty were violated, as the
Government of Iran knew of the militants actions and made no attempt to help the
United States hostages. Iran had stepped in on other militant attacks of embassies, but
did not do so in this case. Therefore, the Court determined that the Government
knowingly decided to not intervene in this case.
b. Iran, through its 1955 Treaty and the Vienna Conventions, must ensure the protection of
the United States citizens while they are in Iran. Therefore, Iran is responsible for
releasing the hostages even though they themselves did not contain them. Iran was under
obligation to ensure that the people as well as the property were protected, and therefore
should remedy this.
c. The Court determined that Iran was more than negligent in these circumstances. They
had, on 1 March 1979, claimed to be making arrangements to prevent the United States
from any takeovers or attacks. Many Iranian authorities approved of the takeover and the

Foreign Minister claimed that America was responsible for the incident. Iran deliberately
ignored requests for the hostages to be released and should, for these reasons, be help to
make reparation for the actions.
V. Principles
a. The international law elements are the power of Treaties and Vienna Conventions and,
from that, the responsibility of a State to enforce these against militant groups.
b. The rules of law in this case are the Vienna Convention of 1961, the Vienna
Convention of 1963, and the 1955 Treaty.
c. This case touches on the extradition rules, as it discusses bringing the militants to the
United States if Iran did not try them. It discusses the importance of Government
responsibility over its unruly citizens. Furthermore, it addresses the importance of
keeping to binding documents made between States.
VI. Conclusions
This case stressed the importance of the Vienna Conventions rules as well as Treaties.
Additionally, it emphasized that a Government is responsible for what goes on within its
boundaries even if the actions are not specifically Government-related. The Government
should be held to the Vienna Conventions and Treaties, no matter the circumstances.
Furthermore, the case heavily impacted the relations between the United States and Iran even
still today as this was a pivotal moment in the relationship between the two States.
VII. Bibliography
Case Concerning United States Diplomatic and Consular Staff in Tehran, Judgment, I.C.J.
Reports 1980
Submitted
Carin Morrell, September 17, 2009