Affirming that the safe release and departure from Iran of all those being held hostage is an essential first step in resolving peacefully the issues between Iran and the United States and the other States members of the international community, Reiterating that once the hostages have been safely released, the Government of Iran and the United States of America should take steps to resolve peacefully the remaining issues between them to their mutual satisfaction in accordance with the purposes and principles of the United Nations, Further taking into account the report of the Secretary-General of 6 January 1980 (S/13730) made pursuant to resolutions 457 (1979) of 4 December 1979 and 461 (1979) of 31 December 1979, Bearing in mind that the continued detention of the hostages constitutes a continuing threat to international peace and security, Acting in accordance with Articles 39 and 41 of the Charter of the United Nations, 1. Urgently calls, once again, on the Government of the Islamic Republic of Iran to release immediately all persons of United States nationality being held as hostages in Iran, to provide them protection and to allow them to leave the country; 2. Decides that, until such time as the hostages are released and have safely departed from Iran, all States Members of the United Nations: (a) shall prevent the sale or supply, by their nationals or from their territories, whether or not originating in their territories, to or destined for Iranian governmental entities in Iran or any other person or body in Iran, or to or destined for any other person or body for the purposes of any enterprise carried on in Iran, of all items, commodities, or products, except food, medicine, and supplies intended strictly for medical purposes; (b) shall prevent the shipment by vessel, aircraft, railway, or other land transport of their registration or owned by or under charter to their nationals, or the carriage whether or not in bond by land transport facilities across their territories of any of the items, commodities, and products covered by subparagraph (a) which are consigned to or destined for Iranian governmental entities or any person or body in Iran, or to any enterprise carried on in Iran; (c) shall not make available to the Iranian authorities or to any person in Iran or to any enterprise controlled by any Iranian governmental entity any new credits or loans; shall not, with respect to such persons or enterprises, make available any new deposit facilities or allow substantial increases in existing non-dollar deposits or allow more favourable terms of payment than customarily used in international commercial transactions; and shall act in a businesslike manner in exercising any rights when payments due on existing credits or loans are not made on time and shall require any persons or entities within their jurisdiction to do likewise; (a) shall prevent the shipment from their territories on vessels or aircraft registered in Iran of products and commodities covered by subparagraph (a) above; (e) shall reduce to a minimum the personnel of Iranian diplomatic missions accredited to them; (f) shall prevent their nationals, or firms located in their territories, from engaging in new service contracts in support of industrial projects in Iran, other than those concerned with medical care; (g) shall prevent their nationals or any person or body in their territories from engaging in any activity which evades or has the purpose of evading any of the decisions set out in this resolution; 3. Decides that all States Members of the United Nations shall give effect forthwith to the decisions set out in operative paragraph 2 of this resolution notwithstanding any contract entered into or licence granted before the date of this resolution; 4. Calls upon all States Members of the United Nations to carry out these decisions of the Security Council in accordance with Article 25 of the Charter; 5. Urges, having regard to the principles stated in Article 2 of the Charter, States not members of the United Nations to act in accordance with the provisions of the present resolution; 6. Calls upon all other United Nations bodies and the specialized agencies of the United Nations and their members to confrom their relations with Iran to the terms of this resolution; 7. Calls upon all States Members of the United Nations, and in particular those with primary responsibility under the Charter for the maintenance of international peace and security, to assist effectively in the implementation of the measures called for by the present resolution; 8. Calls upon all States Members of the United Nations or of the specialized agencies to report to the Secretary-General by 1 February 1980 on measures taken to implement the present resolution; 9. Requests the Secretary-General to report to the Council on the progress of the implementation of the present resolution, the first report to be submitted not later than 1 March 1980. November 29, 1979 No. United States Initiates Action Against The United States today took its case against Iran to the International Court of Justice. In an action filed with the Court in The Hague, the United States charges that the Government of Iran has vio- . lated fundamental principles of international law in not protecting the U.S. Embassy in Tehran, in supporting the actions of those holding the American hostages, and in threatening to subject the hostages. to trial. In particular, the United States charges Iran has violated the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations, the 1973 Convention on the Prevention and Punishment of Crimes against Diplomats, the 1955 U.S.-Iran Treaty of Amity, and the Charter of the United Nations. The United States will seek an urgent hearing before the Court and has requested the Court to issue forthwith a preliminary order directing Iran to secure the release of the hostages and to ensure their safety. The United States' Application to the Court, its Request for Interim Measures of Protection, and a letter from Secretary of State Vance to the President of the Court are available at the press office. The papers were filed by the Legal Adviser of the Department of State, Mr. Roberts B. Owen, who will represent the United States in the action. The International Court of Justice is the principal judicial organ of the United Nations and is composed of fifteen judges elected by the UN General Assembly and Security Council. A brief descriptive paper is attached. For further information contact David Small, 532-9501. INTERNATIONAL COURT OF JUSTICE The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was created by the United Nations Charter in 1945 as the successor to the Permanent Court of International Justice. The Statute of the ICJ forms an integral part of the United Nations Charter. The Court's principal functions are to decide such cases as are submitted to it by States and to give advisory opinions on legal questions at the request of intergovernmental bodies authorized pursuant to the Statute of the Court and the UN Charter. The Court is composed of 15 judges, no two of whom may be nationals of the same State, elected by the UN General Assembly and the Security Council, voting independently. The electors are mandated to bear in mind the qualifications of the individual candidates and the need for the Court as a whole to represent the main forms of civilization and the principal legal systems of the world. Members of the Court are elected for nine years, one third of the total number of judges being elected very three years. The membership of the International Court of Justice at the present time is as follows: President Sir Humphrey Waldock (United Kingdom); Vice-President Taslim Olawale Elias (Nigeria); and Judges Manfred Lachs (Poland), Isaac Forster (Senegal), Andre Gros (France), Richard R. Baxter (United States of America), P. D. Morozov (Union of Soviet Socialist. Republics), Jose Sette Camara (Brazil), Jose Maria Ruda (Argentina), Nagendra Singh (India), Abdullah Ali El-Erian (Egypt), Hermann Mosler (Federal Republic of Germany), Shigeru Oda (Japan), Salah El Dine Tarazi (Syrian Arab Republic) and Robert Ago (Italy). THE SECRETARY OF STATE WASHINGTON Dear Sir Humphrey: The Government of the United States is today filing with the Court an Application and a Request for Interim Measures of Protection in a case against the Government of Iran for the seizure, and holding as hostages, of members of the United States Embassy in Tehran. As you are aware, at least fifty United States nationals are being subjected to prolonged and inhumane detention. They have already been held hostage for more than three weeks, and threats have been made that they may be placed on trial. In view of the extraordinary urgency of this case, which is unlike any before submitted to the Court, I respectfully suggest that you, as President of the Court, urge the Government of Iran to act immediately to appoint its Agent in the case. I further urge that the Court in any event hold any hearing on the request for Interim Measures as soon as it has a quorum. My Government earnestly hopes that the Court will issue an Order indicating appropriate interim measures within days. As the Secretary-General of the United Nations has informed the Security Council, the present crisis constitutes a serious threat to international peace and security. May I further respectfully suggest that you, as President of the Court, immediately request the Government of Iran to ensure that no steps are taken Sir Humphrey Waldock, President, International Court of Justice, The Hague. |