The way is open for Iran to demand compensation for the losses it suffered due to US withdrawal from the Joint Comprehensive Plan of Action (JCPOA) by taking the case to international courts, said an Iranian MP.
In May 2018, President Donald Trump pulled the US out of the JCPOA, signed between Iran and the P5+1 in July 2015, and reimposed its unilateral sanctions on Tehran in two phases, both now in place.
Speaking to Iran Daily, Yahya Kamalipour, the vice president of the Iranian Parliament’s Judicial and Legal Committee, said signatories to bilateral and multilateral international legal agreements must abide by and remain committed to their terms and contents as the nature of such contracts requires.
None of the parties to a deal is allowed to act in contradiction with the principles of the agreement, he said, adding thus, violation of a contract by any of the signatories is legally and internationally pursuable.
Kamalipour noted that this comes as in the aftermath of US pullout from the JCPOA, Iran filed a complaint against the move by the Trump administration.
“Independent international courts maintain that US move toward this agreement was against the international law.”
He added among the objections raised against the JCPOA is that it fails to precisely and clearly state what legal consequences a party’s withdrawal from the deal or lack of commitment to its term would lead to.
Unfortunately, the lawmaker regretted, due to this drawback, the US easily withdrew from the deal.
“Nevertheless, although the deal fails to contain any clause guaranteeing the parties’ [complete and continued] commitment to its terms, we can currently calculate the losses we have sustained due to US move and seek compensation for them.”
Commenting on the stance adopted by Europe toward US pullout, he said although Europeans disapproved of the move, they have yet failed to take any practical steps to save the deal.
Kamalipour said eventually, it would be a responsibility of the Iranian Ministry of Foreign Affairs to diplomatically pursue the case at international courts, adding they are taking the necessary measures to lodge a complaint in this regard.
“Whenever the need is felt, the Parliament’s Judicial and Legal Committee will enter the process. We are prepared to cooperate in this regard. However, since pursuing case is not in nature among the responsibilities of the Parliament’s Judicial and Legal Committee, we have not yet entered it.”
Iran has filed a large number of complaints against the US at international courts, some of which have not yet produced favorable results yet, he said, noting that among them is the one pertaining to Iran’s frozen assets in the US, on which the ruling was in favor of Iran.
“Of course, unfortunately, we have not yet managed to implement the court order, but it was a good step that the International Court of Justice accepted to consider the case. Nevertheless, we should do the required follow-ups to implement the ruling and release the country’s assets.”