The Role of the International Court in the Hostages Crisis

Abstract

Cases involving important political issues have not often been brought to the International Court of Justice and, when brought, have sometimes not been decided. It was especially noteworthy, therefore, when the dispute concerning the American hostages in Iran was submitted to the Court by the United States and when the Court decided, twice, that Iran should release the hostages.' Unfortunately, Iran refused to comply with the Court's orders and, although the Court was probably no more ineffective than several others in attempting to free the hostages, it may still be asked whether the Court was properly employed in this international dispute. After all, the Court is often perceived as a weak and not very effective institution. Was it realistic to expect it to play a helpful role in this crisis? Was it a mistake to blot the Court's record with a decision so apparently ineffective? This article first introduces the Hostages case, looking at the United States application, the Iranian response, the Court's interim order and its final judgment. Second, it considers the effectiveness of the Court, examining the ways in which the rulings of the Court might have contributed to the settlement of the hostages crisis and the possible impact of the case on the reputation of the Court. Third and fourth, it evaluates the decision of the United States to submit the case and the decision of the Court to decide it. The article concludes that, although the reputation of the Court may have suffered by the rendering of an apparently ineffective judgment, the United States was, on balance, right to bring the case to the Court and the Court, on balance, right to decide it. The article also suggests that states should take the interests of the Court more into account in deciding what cases to bring to the Court and that we should be aware that, faced with disputes not easily resolved by judicial settlement, the Court may suffer a blow to its prestige whether it decides to render a decision or not.