نوع مقاله : علمی - ترویجی
دانشجوی دوره دکترای حقوق بینالملل دانشگاه تهران
عنوان مقاله [English]
On 6 November 2003 the International Court of Justice delivered its judgment in the case concerning oil platforms between Iran and USA. The case arose out of forcible action by US naval forces in the Persian Gulf against certain Iranian oil platforms in October 1987 and April 1988. After examination of the case the court finally concluded that the action carried out by United States forces against Iranian oil installation couldn't be justified under 1955 treaty as being measures necessary to protect the essential security interests of the United States, since those actions constituted recourse to armed force not qualifying, under international law on the question, as acts of self-defence. However the court found that the claim of the Islamic Republic of Iran for reparation couldn't be upheld. This article is confined to assessing the legal and logical relationships between breach of international law and duty to reparation and legal mechanisms for enforcement of these ICJ's findings.