Legal Effects of the U.S Withdrawal from Treaty of Amity and its impact on Proceedings in ICJ

After the U.S withdrawal from Joint Comprehensive Plan of Action (JCPA) and re-imposition of sanctions, Iran filed its application in ICJ with regard to claims for damages arising from violation of Treaty of Amity and re-imposition of sanctions, and indications of provisional measures. By indicating such measures, ICJ orders the U.S to lift sanctions against Iran and meanwhile the U.S declared its withdrawal from Treaty of Amity. In this paper, we examined the legal effects of the U.S withdrawal from Treaty of Amity and its impact on proceedings in ICJ using a descriptive-analytical method. Research findings show that Iran and its individual subjects could request the U.S to be bound by obligations associated with Treaty of Amity by the time it is in force and termination of the Treaty does not preclude claims for damages from violation of its obligations. Additionally, Iran has the right to require performance of duties arising from provisional measures and claim for compensation due to violating it in ICJ.