ICJ Orders US to Provide Licenses for Food, Medicine, and Civil Aviation in Iran

Washington, DC – NIAC President Jamal Abdi issued the following statement after the International Court of Justice ruled that the U.S. must provide licenses for transactions related to medicine, food, civil aviation, and other humanitarian grounds:

“Today’s ruling by the International Court of Justice (ICJ) reflects the consensus of the international community that access to medicine, food, and civil aviation must not be weaponized against an entire people for the political aims of one administration.

“The decision orders the Trump administration to take all necessary steps to ensure that its sanctions do not inhibit trade in humanitarian goods with Iran, including trade in agricultural commodities, medicine and medical devices, and spare parts for civil aviation.  The ICJ’s provisional order acknowledges the ‘irreparable harm’ that the Trump administration’s re-imposition of sanctions—in contravention of its obligations under the Joint Comprehensive Plan of Action—could cause to Iran’s people, as the Trump administration prepares to upend Iran’s economy by prohibiting most foreign trade with Iran.   

“By virtue of the Court’s order, the Trump administration is now obligated as a matter of international law to take such actions as necessary to ensure trade in humanitarian goods with Iran, including through the issuance of all necessary licenses to guarantee the transfer of funds related to such trade. NIAC urges the Trump administration to adhere to the U.S.’s international law obligations and issue additional license authorizations to ensure that such humanitarian trade is left unaffected by the U.S.’s re-imposition of sanctions.  This should include—at a minimum—the institution of a direct banking channel between the U.S. and Iran so that exporters of humanitarian items are able to make and receive payments related to trade in humanitarian goods with Iran. Currently, all payments related to such trade in humanitarian goods must travel through third-country intermediary financial institutions before being received by a U.S. financial institution.”

“Prior to the Joint Plan of Action—the interim deal negotiated between the U.S., other major world powers, and Iran—U.S. sanctions inhibited humanitarian trade with Iran, as exporters were unable to receive payment related to their trade in humanitarian goods.  This led to significant shortfalls of medicine and medical devices in Iran, as was routinely reported in the U.S. and foreign press. By re-instituting these same sanctions, the Trump administration risks a return to this era with all its attendant harm to the Iranian people. The Court’s decision should leave the Trump administration with no choice but to take all necessary action to ensure that the Iranian people have access to medicine, medical devices, and safe civil aircraft.

“Members of the Trump administration have repeatedly attacked the institution of international courts that were in part established by the U.S. to prevent a repeat of the horrors of the early 20th century. While the administration’s antipathy toward international courts is well known, it would be nothing short of reprehensible for the administration to fail to take all necessary action to ensure that the Iranian people have access to medicine, medical devices, and safe civil aircraft. The international community should press the U.S. to uphold the court’s ruling.”

“Iran should also recognize that the foremost advocate of ensuring that sanctions do not block humanitarian goods for the Iranian people, Siamak Namazi, is now languishing in jail in Iran along with his father Baquer in a profound miscarriage of justice. As Iran presses the U.S. to comply with its international obligations, NIAC reiterates its call on Iranian authorities to release the Namazis, Xiyue Wang, other dual nationals and all prisoners of conscience unjustly held in Iran.”

Update (12:00 PM ET): 

“Rather than take the well-founded international concerns with America’s Iran sanctions seriously, Secretary Pompeo has decided to impetuously withdraw from a treaty aimed at solidifying friendly relations between the American and Iranian peoples. That treaty has proven immensely valuable to the United States historically, including in the judgment against Iran over the 1979 Hostage Crisis.

“As has been demonstrated by past and current experience, when the U.S. chokes off banking channels to Iran it also renders goods that should be exempt from U.S. sanctions – including life-saving medicine – impossible to deliver to the Iranian people. The U.S. could have ameliorated this serious concern of the Iranian people, including by establishing a clear banking channel between the U.S. and Iran for exempted goods. Instead, the Trump administration chose to render its rhetoric on the Iranian people even more hollow by further eroding the remaining infrastructure of U.S. relations with Iran.”

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