defense missile system that Iran ordered in 2007 and that Russia now refuses to hand over.
However, it isn’t clear that Iran has actually done anything.
Ambassador Mahmud-Reza Sajjadi told a news conference in Moscow last Wednesday that Iran had filed suit about six months ago to demand delivery of the weapons.
Sajjadi did not identify the court. Some news accounts said Iran took the case to the International Criminal Court in The Hague. Others identified the International Court of Justice, also in The Hague. Still others named the Paris-based International Chamber of Commerce arbitration court.
The International Criminal Court made no sense as that is for war crimes while Iran is in a contract despite with Russia. Russia says the fourth UN sanctions resolution on Iran, passed in June 2010, bars weapons sales to Iran including the S-300. However, US officials said long ago that the wording of the resolution was carefully drafted at Russian insistence to allow the S-300 to be sold to Iran.
Such an issue regarding the interpretation of the meaning of a UN Security Council resolution would be suitable for the International Court of Justice. But the website of the ICJ shows Iran has not filed a case there.
Iran has only been involved in four suits at the ICJ. Britain filed a suit against Iran in 1951 over the nationalization of the oil industry. The court voted 9-5 that it lacked jurisdiction. In 1979, the United States filed suit against Iran over the hostage seizure. That was dropped when the hostages were freed. In 1989, Iran sued the United States over the shootdown of an Iran Air Airbus. That was dropped when the two countries reached an agreement over compensation. In 1992, Iran again sued the US over the destruction of Iranian oil platforms in naval engagements. The court rejected both Iran’s claim and the US counterclaim. Iranian officials have often announced since then that they will sue someone in the ICJ, but they have never actually filed any suits.
As for the chamber of commerce arbitration court, it handles issues that both parties bring to it. But Russia said Iran had not come to it proposing arbitration. Furthermore, an arbitration body can’t rule on a UN Security Council resolution.
That left the matter up in the air. To many, Sajjadi’s announcement of a suit just sounded like more hollow rhetoric about going to court.
Russia expressed disdain. Foreign Ministry spokesman Aleksandr Lukashevich said, “Considering the traditionally friendly nature of our bilateral relations, it was certainly surprising to us that our Iranian partners have chosen this approach. For our part, we would deem it much more constructive to look jointly for mutually acceptable ways to settle disagreements arising from time to time through a direct dialogue.”
Iran paid a deposit of $166.8 million toward the $800 million contract. Russia has still not returned that money—perhaps because Tehran is demanding a penalty payment if it doesn’t get the S-300. Russian officials this week said they were willing to refund that deposit, but would pay nothing more.
Meanwhile, in Tehran, Brig. Gen. Farzad Esmaili, the commander of air defense, said Iran doesn’t need the S-300 but can defend sensitive Iranian sites without it.
