Summaries of the Decisions
Case Concerning the Aerial Incident of 3 July 1988
(Islamic Republic of Iran v. United States of America),
Order of 13 December 1989.
On 17 May 1989, the Islamic Republic of Iran filed in the registry of the
Court an Application instituting proceedings against the United States of
America in respect of a dispute concerning the interpretation and application of
the 1944 Convention on International Civil Aviation and the 1971 Convention for
the Suppression of Unlawful Acts against the Safety of Civil Aviation. The
dispute arose from the destruction of an Iranian aircraft, and the killing of
290 passengers and crew, on 3 July 1988. The United States intended to find
preliminary objections to jurisdiction and admissibility prior to the filing of
a memorial by the Applicant. The Court stated that whereas, in accordance with
Article 79, para. 1, of the Rules of Court, while a respondant which wishes to
submit a preliminary objection is entitled before doing so to be informed as to
the nature of the claim by the submission of a Memorial by the Applicant, it may
nevertheless file its objection earlier. The Court unanimously fixed the
following time-limits for the written proceedings: 12 June 1990 for the Memorial
of the Islamic Republic of Iran: 10 December 1990 for the Counter-Memorial of
the United States of America.