Institution: International Court of Justice

Event: KITMUN 2003

Presiding: Khaled Shahroor

Assisted by: Others

 




The Case of the United States

Advocates: Haithem Motal (GES), Muneera Al-Nibari (BBS), and Saja Fakrhral-Deen (BBS)

Versus
The Islamic Republic of Iran

Advocates: AIS




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An Appropriate Theme
("No More Mr. Nice Guy")



ICJ Schedule


Tuesday November 11:
3:30-5:00 Opening Statements (45 minutes max. for each side)
5:00-5:40 Break for iftar
5:40-6:50 USA Presentation
7:00-8:30 Opening Ceremonies

Wednesday November 12:
8:30-10:20 USA Presentation Continued
10:30-12:30- Start Iran Presentation
12:30-1:00 Break (Room Available for Non-fasting Students)
1:00-2:00 Continue Iran Presentation
2:00-3:00 Rebuttals

Thursday November 13:
9:00-10:30 Closing Statements
10:30-10:45 Break
10:45-12:15 Deliberations
12:15-12:45 Break for Non-fasting students (Room Available)
12:45-2:00 Deliberations
2:00-3:00 Closing Ceremonies

 

 

Background to the ICJ Case



From: The Kuwait Times, October 10, 2003
HISTORICAL MOMENT BECOMES HISTORICAL NIGHTMARE!

Today, Colin Powell emerged from a surprise meeting with Iranian president Mohammar Khatami and Iran's supreme leader with words of great anger.

"Today I've spoken to the point of the Axis of Evil!"

For months the American President and Powell have hinted of an "historical moment in the Middle East" and rumors had circulated around the region of secret talks, even as the American and Iranian governments continued to attack and criticize another in public. However, the revelation that Powell had gone to Tehran surprised even Middle Eastern experts. Apparently, however, the talks went poorly.

Khomeini, on his side, called Powell, "the most befuddled demon of the Great Satanic Power" and "an obstacle to peace."

Thus far, journalists can only speculate on the nature of these talks and on the reasons for their failure.

 

From: The Washington Post, Exclusive, October 17, 2003
By: Woodard and Bernstein&
BUSH WANTED TO BECOME A NIXON, BUT BUNGLES

A deep-throated source in the Whitehouse revealed that, like Nixon, Bush saw himself as a warrior turned peacemaker. For that reason, just as Nixon approached China, he saw an opportunity of approaching Iran. A dramatic breakthrough offered the possibility of solving a whole host of issues from the Al-Qaeda operatives Iran continues to hold, to violence outbreaks in Iraq, to trade sanctions. Bush supposedly told Powell:

"You open the door, and I'll be in Tehran next year."

This led to Powell's secret talks with Khatami, who hoped to shore up his own failing influence and reform campaign by providing a big economic and political victory to Khomeini. Apparently, though, Khomeini has his own agenda.

Sources say, however, that when face to face, Powell found Khomeini not a willing negotiator, but a fiery cleric more concerned with telling his positions and lecturing. This led the normally calm Powell to lose his temper, particularly after Khomeini called him "the president's black dog," to which Powell responded, "better a black dog than a black-hearted, two-bit preacher." Despite his reluctance, Powell insisted on a full translation of the insult. The meeting quickly ended after this exchange.

 

The Arab Times, October 25, 2003
KHATAMI RESIGNS AS IRANIAN PRESIDENT

Today, long time reformist prime minister Mohammar Khatami resigned as Iranian president. Some speculate the recent failed talks with the United States totally undermined his credibility with all parties in a troubled Iran. After a quick vote, the Parliament elected former president Bani-Sadr, a hardliner, to take Khatami's place.

Bani-Sadr vowed that America would "pay for its words." His opening speech, apparently written long in advance, threatened to make Americans pay for invading the Iranian "sphere of influence" in Southern Iraq.

 

Kuwait, November 1, 2003
BUSH RHETORIC LEADS TO SKIRMISHES

After another day of threats on the diplomatic front, it appeared that a long-feared war on the ground would begin as American and Iranian troops massed on the Iraqi border. Meanwhile George Bush continued his list of complaints against the Iranians and new president Bani-Sadr responded in kind. Bush claimed that Iran supported the recent wave of anti-American attacks in the South. Bani-Sadr, in response, called the Bush charges "ridiculous" and Bush "the real terrorist."

Meanwhile, world leaders in Europe made numerous calls to Bush trying to get him to ease off on Iran. Said the French Ambassador, "How many wars do they want to fight, anyway?"

Kofi Annan, sensing yet another Bush crisis asked all sides to calm down. Mediators from Kuwait and Egypt, meanwhile, shuttled between Tehran and Baghdad trying to find an alternate solution.

 

From: Time Magazine, November 5, 2003
ICJ AN OPTION?

Yes. Apparently the Americans and Iranians are discussing settling their "differences" in the International Court of Justice.

Why the sudden rush to an institution both sides claim to hate?

The logic on the American side is simple. The Americans cannot afford another war. Their European "allies" didn't support the last one. A land war in Iran would be expensive and likely lead to Bush's winning the re-election. On the other hand, Bush cannot afford to back down yet again. This would lead to his Democratic colleagues calling him a waffler and a stumbler.

On the Iranian side the logic is similarly simple. The new president, Bani-Sadr, wants to appear to do something, anything, but he can't afford a war either. Besides that, since Iran has no real relations with the United States, it has nothing to lose and everything to gain from even a diplomatic victory.

Though the United States has criticized the ICJ on numerous occasions, it is not the first time Iran and the United States have gone to the Court. Iran sued the United States over the destruction of oil platforms during Iran's war with Kuwait. In that case, as in this, the United States was so certain it would win the case that it allowed Iran to go to the Court. This may happen here as well.

 

November 10, 2003
THE UNITED STATES ENTERS ICJ CASE

The United States today entered its ICJ case against the Islamic Republic of Iran. Said President Bush, "We believe in the rule of law. Iran is supporting terrorists in Iraq and abroad, in violation of various international agreements, and building WOMD. We believe that the Court, when it rules, will not only support our sanctions, but declare Iran a rogue state unworthy of consideration as a nation."

In response, the Iranian advocate sneered. "It's about time the United States paid attention to the rule of law instead of simply shouting and shooting. America is the number one terrorist nation, and we look forward to the chance to show its the falseness of its claims before God and the whole world. They are a nation of liars."

Kofi Annan, for his part, expressed some cautious optimism. "It's worth a try. There are many issues between these two countries. Better to try settling them in court than on the battlefield."

 

 

THE USA MEMORIAL.

Statements of Fact:

1) Iran is a state sponsor of terrorism.

2) Iran provides terrorist groups with varying amounts of funding, safe haven, training camps and weapons.

3) Iran has sponsored terrorist acts against the United States.

4) Iran has violated rules and regulations to treaties, which it has signed and prohibit it from using and or making of Weapons of Mass Destruction.

5) Iraq has continued their research of Weapons of Mass Destruction.

6) Iran spreads Weapons of Mass Destruction.

7) IRAN has spread ill will against the United States throughout the Islamic/Arab/Persian Gulf Region and has nit been a "true friend" to the United States.

8) IRAN has fought an undeclared "dirty" war against Israel, an American ally.

9) Iran has killed American citizens directly and indirectly.

10) Iran is currently in possession of two types of highly enriched uranium.


Legal Claims:

1) Iran is a party of the Geneva Protocol since 1929, which prohibits the use of asphyxiating, poisonous pr other gases, and all analogous liquids, materials or devices, as well as the use of bacteriological methods of warfare.

2) Iran is a party of the Nuclear Non-Proliferation Treaty, which states that countries other than The United States, The Russian Federation, The United Kingdom, The Peoples Republic of China and France may not acquire or produce nuclear weapons or nuclear explosive devices.

3) Iran is an original member of the Chemical Weapons Convention, whose principal objectives are the elimination chemical weapons and of the capacity to develop them, the verification of non-proliferation, international assistance and protection in the event of the use or threat of use of chemical weapons, and international cooperation and assistance in the peaceful use of chemistry.

4) The United States and Iran are both parties of the Treaty of Amity, which states the following:

A. "Any dispute between the High Contracting Parties as to the interpretation or application of the present Treaty, not satisfactorily adjusted by diplomacy, shall be submitted to the International Court of Justice, unless the High Contracting Parties agree to settlement by some other pacific means."
B. "There shall be firm and enduring peace and sincere friendship between the United States of America and Iran."
C. "Between the territories of the two High Contracting Parties there shall be freedom of commerce and navigation."


Judgments required:

The United States demands THAT:

1) An American team accompanies the International Atomic Energy Agency (IAEA) secretariat to The Islamic Republic of Iran as to ensure that reports are factual.

2) The Islamic Republic of Iran stop producing enriched uranium.

3) The Islamic Republic of Iran shut down its declared nuclear facilities and other factories capable of producing Weapons of Mass Destruction (WOMD).

4) The Islamic Republic of Iran not use the Nuclear Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency (IAEA) as scapegoats to produce WOMD.

5) The Islamic Republic of Iran may not withdraw from the Nuclear Non-Proliferation Treaty even with a three months notice prior to 2020.

6) The Islamic Republic of Iran sign an enhanced safeguard protocol with the International Atomic Energy Agency.

7) A joint United States, International Atomic Energy Agency (IAEC), Organization for the Prohibition of Chemical Weapons (OPCW) team be allowed free access to any military and commercial nuclear and WOMD sites to guarantee the completion of steps 1-4.

8) The Islamic Republic of Iran allows the United States and the International Monetary Fund (IMF) that all records of funding be submitted to the IMF for immediate auditing.

9) The Islamic Republic of Iran stop all cooperation with terrorist groups such as the Lebanese Hizbolah, the Hamas Militant Group, and the Palestinian Islamic Jihad.

10) That the Islamic Republic of Iran denounces the term "freedom fighter".

 

 

IRANIAN COUNTER-MEMORIAL

 

Statements of Fact:

1) Iran supports the U.N Ė led campaign against international terrorism. The Iranian President Mohammad Khatami has contacted the leaders of Syria, Egypt and Saudi Arabia on an anti-terrorism coalition under the auspices of the United Nations.

2) Iran is not a state sponsor of terrorism and a bill has been drafted for a year by Iranís economic and foreign ministers and Central Bank. The bill proposes to dry up the financing of terrorist groups. If the bill, which is very likely to be approved, is approved by the parliament and the Guardian Council, Iran will become a member of the 1999 International Convention for the suppression of the Financing of Terrorism.

3) Iran has not sponsored terrorist acts against the United States since the terrorist act that took place in the United States and against the United States was the September 11th attacks which were carried out by the terrorist group Al-Qaeda, which is not Iranian and not supported by Iran.

4) Iran has not violated any regulations or treaties it has signed since it does not produce Weapons of Mass Destruction, it is simply in possession enriched uranium which is used in energy programs such as the running of Nuclear Power Plants which provide electricity.

5) Iran does not have research in relation to Weapons of Mass Destruction.

6) Since Iran is currently not in possession of Weapons of Mass Destruction it cannot spread it to neighboring countries.

7) Iran has not spread ill will against the United States throughout the Islamic/Arab/Persian Gulf Region. On the contrary it was the United States who labeled Syria and Iran to be a part of the "Axis of Evil" along with Iraq and North Korea. By that the United States spread ill will against these countries including Iran and tarnished its reputation all around the world. This demonstrated not only to Iran but to the world that the United States is not a "true friend" to Iran.

8) Iran did not fight a "dirty" war with Israel since a war has not been declared. Israel an American ally however has successfully equipped 3 submarines with the capacity to launch nuclear tipped cruise missiles. It is the enormous and expanding nuclear capacity of Israel that highlights the catastrophic dangers posed by the provocative militarist orientation of Israel.

9) Iran has not killed American citizens directly or indirectly since it has already been proven that even the September 11th terrorist who killed a monstrous number of innocent American civilians were not from Iran.

10) Iran is currently in possession of enriched uranium that it plans to use for its Nuclear Power Plant which provides electricity to the country. Iran has also previously allowed IAEA inspectors to visit non-nuclear sites, a privilege that goes beyond Iranís obligations under the Nuclear Non Ė Proliferation Treaty.


Legal Claims:

1) Referring to Claim 1 Iran thanks the United States of America for reminding it that it is a party of the Geneva Protocol since 1929. Iran also acknowledges that this treaty prohibits the use of asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices, as well as the use of bacteriological warfare. Iran would again like to stress that it is in possession of enriched uranium which it plans to use in its Nuclear Power Plants.

2) Referring to Claim 2 Iran would again like to thank the United States of America for reminding it that it is a party of the Nuclear Non-Proliferation Treaty which states that other than the United States, The Russian Federation, The United Kingdom, The Peoples Republic of China and France may not acquire or produce nuclear weapons or nuclear explosive devices. Referring to the Nuclear Non-Proliferation Treaty in Article 4 clause 1 it states that "Nothing in this treaty shall be interpreted as affecting the inalienable right of all the Parties to the treaty to develop research, production and use of nuclear energy for peaceful purposes without discriminationÖ" As a party of this treaty it is Iranís right to use enriched uranium to produce nuclear energy which it does for peaceful purposes such as the production of electricity.

3) Referring to Claim 3 Iran again thanks the United States of America for reminding it that it is an original member of the Chemical Weapons Convention, whose principal objectives are the elimination of chemical weapons and of the capacity to develop them, verification of non-proliferation, international assistance and protection in the event of the use or threat of use of chemical weapons. Referring to Article 4 of the Chemical Weapons Convention which addresses activities not prohibited under this convention, clause 11 states that "the provisions of this article shall be implemented in a manner which avoids the economic or technological development of the States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this conventionÖ" Iran is a member of this treaty and it would use enriched uranium in Nuclear Power Plants, if it is not allowed to do so then it would lead to the hampering of the economic stability of Iran and thus would be against this convention. This clause also calls for international cooperation which Iran has not yet experienced from the United States of America who is also a party to this treaty.

4) Iran gain would like to thanks the United States for reminding Iran that it is a party of the Treaty of Amity which states the clauses mentioned in Claim 4 of the memorial. However it would like to remind the United States of America that it was the President of the United States of America who labeled Iran to be a part of the "axis of evil" which goes against Article 1 of the treaty which states that "There shall be firm and enduring peace and sincere friendship between the United States of America and Iran". Iran would also like to call attention to the title of the treaty which is "Treaty of Amity, Economic Relations and Consular Rights between the United States of America" The United States of America has no dispute over economic relations or consular rights but over Iranís production of enriched uranium, therefore this treaty is not relevant to the issue at hand.


Judgments required:

The Islamic Republic of Iran demands that:

1) The United States of America publicly apologize to the Islamic Republic of Iran for labeling it to be member of the "axis of evil" and by that tarnishing its reputation and trustworthiness around the world.

2) The United States stop using a double standard for its allies and other countries such as Iran. It has been stated in the Nuclear Non-Proliferation treaty that only The United States, The Russian Federation, The United Kingdom, The Peoples Republic of China and France may acquire or produce nuclear weapons or nuclear explosive devices, however Israel and American ally possesses nuclear weapons, making no secret about their existence and the United States does not criticize Israel or label them being a part of the "axis of evil".

3) The United States respect not only our sovereignty but that of other Middle Eastern countries and their ability to make decisions that concerns the economy of their countries or their national interests. That their activities that do not endanger the citizens of the world be scrutinized by the United States.

4) That The United States respect the ability of the IAEA to make objective decisions and to submit a factual report about The Islamic Republic of Iran.

 

 

 

STIPULATIONS AGREED UPON BY BOTH PARTIES

 

1. Iranís economic and foreign ministers and Central Bank, have drafted a bill to dry up the financing of political groups, until then Iran provides political groups with amounts of funding.

2. Iran is a part of the Geneva Protocol since 1924.

3. Iran is a part of the Nuclear Non-Proliferation Treaty.

4. The United States of America and Iran are both part of the Treaty of Amity.

5. Iran supports UN-led campaign against international terrorism.

6. Iran is an original member of the Chemical Weapons Convection.

7. United States of America labeled Iran, Iraq, Syria, and North Korea as an ĎAxis of Evilí.

8. Iran is in possession of enriched uranium.

9. Iran is not a member of the 1999 International Convention for the Suppression of the Financing of Terrorism.

10. Defined terrorism as: ĎAn act of violence against civilians by non-military personal belonging to political groupsí.

 

 

 

Opening Speech ICJ-

Advocates, judges, and deputy judge, welcome to the International Court of Justice. This year we hope to finally find a compromise for the conflict between The United States of America, and The Islamic Republic of Iran. For the past 80 years the ICJ has been helping solve conflicts between countries. Its judgments have often been praised, and its judges have always been fair.

 

 

 

The Court's Judgement

A. The court rules with the United States generally and agrees to the United States three main conclusions:

1. Iran is a state sponsor of terrorism.

2. Iran has a program aimed at producing WOMD.

3. Iran's government is unstable and potentially liable to self-destruct.



B. The court does not, however, agree that:

4. Iran's government is purposely deceptive and distrustful.

 

C. While the Court generally agrees with all of the United States' conclusions and about the need for action, it does not agree that the United States active participation in the remedial moves is necessary or even wise as international organizations can solve these problems. Thus, we rule that:

1) An International Atomic Energy Agency (IAEA) secretariat to The Islamic Republic of Iran will make a detailed study so as to ensure that reports are factual and to make sure that all the following clauses are followed below.

2) The Islamic Republic of Iran will stop producing enriched uranium.

3) The Islamic Republic of Iran will shut down its declared nuclear facilities and other factories capable of producing Weapons of Mass Destruction (WOMD).

4) The Islamic Republic of Iran will not use the Nuclear Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency (IAEA) as shields to produce WOMD.

5) The Islamic Republic of Iran will not be allowed to withdraw from the Nuclear Non-Proliferation Treaty, even with a three months notice, prior to 2020.

6) The Islamic Republic of Iran will sign an enhanced safeguard protocol with the International Atomic Energy Agency.

7) An International Atomic Energy Agency (IAEC), Organization for the Prohibition of Chemical Weapons (OPCW) team will be allowed free access to any military and commercial nuclear and WOMD sites to guarantee the completion of steps 1-4.

8) The Islamic Republic of Iran will allow the International Monetary Fund (IMF) to see that all records of funding be submitted to the IMF for immediate auditing to prevent funding of terrorist organizations.

9) The Islamic Republic of Iran will stop all cooperation with terrorist groups such as the Lebanese Hizbolah, the Hamas Militant Group, and the Palestinian Islamic Jihad.

10) The Islamic Republic of Iran will renounce the term "freedom fighter".

11) The Islamic Republic will make sure that its current law against funding terrorism is passed in the legislature and implemented.

 

 

 

Statement of the Chief Justice

 

Khalid Shahroor: (ICJ chief justice)

The ICJ case that was debated in the KSAA MUN was the United States (represented by BBS and GES combined) versus Iran (AIS). The accusations that the US presented against Iran involved Iranís development of weapons of mass destruction, Iranís harboring of war criminals and international terrorists, Iran's funding and supporting terrorists, and the instability of Iranís government. The United States prepared a memorial which included statements of fact, legal claims, and the judgments required. Iran later presented the United States with a counter memorial.

The case went very smoothly. Both countries started out aggressively by attacking each other in their opening speech, and then later providing evidence in a law suit that lasted an exhausting 6 hours. The US provided ample evidence, and threw the four main accusations at Iran, and Iran replied by throwing accusations back at the US and Israel. Iran, unfortunately, did not defend itself, and after 2 hours of negotiation, the judges unanimously agreed that Iran was guilty of all charges.