by News Agencies and Israel Hayom Staff
U.S. expected to challenge court's jurisdiction in future hearing.
The delegations of the U.S.and Iran enter the International
Court of Justice in The Hague, Wednesday
Photo: AP
The United Nations'
highest court on Wednesday ordered the United States to lift sanctions
on Iran that affect imports of humanitarian goods and products and
services linked to the safety of civil aviation.
The judges at the International Court of
Justice, also known as the World Court, handed a victory to Tehran,
which had argued that the sanctions imposed since May by the U.S.
President Donald Trump's administration violate the terms of a 1955
Treaty of Amity between the two countries.
The ICJ's ruling is legally binding, but it remains to be seen if the Trump administration will comply with it.
The ruling is likely to have, at most, a
limited practical impact on the implementation of sanctions, which
Washington is reimposing and tightening after pulling out of the 2015
nuclear deal that Iran signed with world powers.
In a preliminary ruling, the court said the
U.S. must "remove, by means of its choosing, any impediments arising
from" the reimposition of sanctions to the export to Iran of medicine
and medical devices, food and agricultural commodities and spare parts
and equipment necessary to ensure the safety of civil aviation.
While imposing the so-called "provisional
measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that
the ruling does not prejudge the ultimate outcome of the case or
establish that the court has jurisdiction.
Iranian state television trumpeted the
court's decision in a scrolling graphic at the bottom of TV screens:
"The victory of Tehran over Washington by The Hague court."
The U.S. is expected to challenge the court's jurisdiction in a future hearing.
At hearings in August, Tehran sought the
suspension of the sanctions while the case challenging their legality is
being heard – a process that can take years. U.S. lawyers responded
that the sanctions are a legal and justified national security measure
that cannot be challenged by Iran at the World Court.
In its decision, the court said the U.S.
sanctions "have the potential to endanger civil aviation safety" in Iran
and that sanctions limiting sales of goods required for humanitarian
needs such as food, medicines and medical devices "may have a serious
detrimental impact on the health and lives of individuals on the
territory of Iran."
The court said the Trump administration
must "ensure that licenses and necessary authorizations are granted" and
payments not restricted if they are linked to humanitarian and aviation
goods.
The court also told both the United States and Iran to "refrain from any action which might aggravate or extend the dispute."
Wednesday's ruling could set up another clash between the Trump administration and international courts.
Last month, Trump's national security
adviser, John Bolton, denounced the International Criminal Court, a
separate and unrelated institution based a few miles from the
International Court of Justice.
The ICC prosecutes people accused of war atrocities while the ICJ settles disputes between nations.
Bolton said last month that "for all intents and purposes, the ICC is already dead to us."
News Agencies and Israel Hayom Staff
Source: http://www.israelhayom.com/2018/10/03/world-court-orders-us-to-lift-some-sanctions-imposed-on-iran/
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