تحریم وزیر امور خارجة ایران توسط ایالات متحده از منظر حقوق بین‌الملل

Abstract

On July 31, 2019, United States Secretary of the Treasury declared that Iran’s Minister of Foreign Affairs has been sanctioned under the Executive Order 13876 dated June 24, 2019. Contribution in pursuing the Iranian leader’s foreign policy was the reason indicated for this action. Head of States, Head of Governments and Ministers of Foreign Affairs are among high ranking State officials who enjoy immunity under customary international law. Respect for sovereignties based on the principle of sovereign equality of States as the basis of the Head of States immunity and the effective performance of Head of Governments and Minister of Foreign Affairs’ functions are considered as raison d'etre of immunities afforded to them. Immunity from civil and criminal jurisdiction and execution of foreign courts’ decisions are among those immunities. The US contests that the immunity of Iran’s Minister of Foreign Affairs has not been breached; particularly after imposing sanctions, he was allowed to enter to the United Nations Headquarters while imposing certain authorized restrictions on his movement. Hence, this targeted sanction would not violate the US obligations regarding immunity. This article tries to explore through examining the scope of the rule of State official’s immunity, the relationship between US targeted sanctions and the immunity of Iran’s Minister of Foreign Affairs.