THE HAGUE: Iran has filed a case against Canada at the International Court of Justice (ICJ), accusing the country of breaching Iran’s state immunity by designating it as a sponsor of terrorism, according to the top UN court on Wednesday.
Canada listed Tehran as a terror sponsor in 2012 and severed diplomatic ties as tensions escalated over Iran’s support for Syria’s Bashar al-Assad regime, its nuclear program, and threats against Israel. The Islamic Republic alleges that Canada violated its immunity through a law enacted in 2012, which enables victims and their families to seek damages from state sponsors of terrorism.
Normally, foreign states enjoy immunity from Canadian civil claims. Iran initiated legal proceedings against Canada on Tuesday, citing “alleged violations of its immunities” as a sovereign state, as stated in a press release from the ICJ based in The Hague. In its filing to the court, Iran claimed that Canada had adopted and implemented various legislative, executive, and judicial measures against Iran and its assets, which contravene its international obligations.
Iran Seeking Compensation from Canada
Iran is seeking compensation from Canada for the “violation of its international obligations” and is requesting the ICJ to instruct Ottawa to overturn any judgments against Tehran in Canadian courts. Canada has not yet issued an immediate response to the case. This legal dispute bears resemblance to Iran’s ongoing claim against the United States at the ICJ, where Iran seeks the release of frozen assets worth billions of dollars to compensate for terror attacks.
In 2016, a Canadian judge ordered the transfer of Iran’s non-diplomatic land and bank accounts in Canada to victims of attacks carried out by Hamas and Hezbollah. The judgment awarded approximately $13 million to families of Americans who were victims of bombings or hostage-takings in Buenos Aires, Israel and Lebanon between 1983 and 2002. Led by the parents of Marla Bennett, who lost her life in a suicide bombing at Hebrew University in Israel in 2002, the families had successfully sued Iran in the United States.
“Iran respectfully requests the Court to adjudge and declare that by failing to respect the immunities of Iran and its property, Canada has violated its international obligations toward Iran,” stated Iran’s filing to the ICJ. The ICJ, established after World War II, serves as a platform for resolving disputes between member states of the United Nations. While the court’s judgments are final, the process can take several years.
