Iran files International Court of Justice case against Canada over terror designation

Tehran says Ottawa should not allow its courts to recognise foreign judgments in terrorism cases

The International Court of Justice in The Hague, Netherlands. Reuters

Iran has filed a case against Canada for allegedly violating international law by designating it a sponsor of terrorism, the UN's top court said on Wednesday.

According to Tehran's claim, released by The Hague-based International Court of Justice, Canada's actions breach Iran's state immunity, as Ottawa is “obliged to respect the jurisdictional immunity which Iran enjoys under international law”.

Canada should not allow its courts to recognise foreign judgments in terrorism cases linked to Iran and has no right to seize Iranian property to enforce such judgments, the filing said.

Iran demanded compensation from Canada for the “violation of its international obligations” and asked the ICJ to tell Ottawa to overrule any judgments against Tehran in Canadian courts.

Canada listed Iran as a state terror sponsor in 2012 and broke diplomatic ties as relations frayed over Tehran's nuclear programme, threats to Israel and its support for President Bashar Al Assad's regime in Syria.

Tehran said Canada had breached its immunity through a law passed in 2012 that allows victims and their families to collect damages from state sponsors of terrorism.

Foreign states are normally immune to Canadian civil claims.

There was no immediate reaction from Canada.

The case is similar to Iran's long-running claim at the ICJ against the US for billions of dollars in assets frozen to compensate victims of terror attacks.

In 2016, a Canadian judge ordered Iran's non-diplomatic land and bank accounts in Canada to be handed over to victims of attacks by Hamas and Hezbollah, both of which are back by Tehran.

The judgment awarded a reported $13 million to families of Americans who died in eight bombings or hostage-takings in Buenos Aires, Israel, Lebanon and Saudi Arabia from 1983 to 2002.

The ICJ was set up after the Second World War to resolve disputes between UN member states. Its judgments are final but can take years.