Published on 20 May 2025 in Client Alerts

France institutes proceedings against Iran before the International Court of Justice over detained citizens

On 16 May 2025, the French Republic filed an Application instituting proceedings against the Islamic Republic of Iran before the International Court of Justice (“ICJ”).  France alleges that Iran has made serious and repeated breaches of its obligations toward France contained in the Vienna Convention on Consular Relations of 24 April 1963 (“VCCR”). 

The basis of France’s claim relates to “the hostage policy pursued by Iran against French nationals since May 2022”.  France contends that this policy “targets French nationals travelling in or visiting Iran by accusing them of various offences relating to Iranian national security”.  The Application specifically concerns Iran’s detention of two French nationals, Ms Cécile Kohler and Mr Jacques Paris.

France argues that the ICJ has jurisdiction on the basis of Article 36 of the Statute of the ICJ, read in conjunction with Article I of the Optional Protocol to the VCCR concerning the Compulsory Settlement of Disputes.  Both France and Iran are party to these conventions.

This is not the only case that Iran currently faces at the ICJ.  The ICJ is also seized of a claim against Iran jointly filed by Canada, Sweden, Ukraine and the United Kingdom.  That case concerns alleged violations by Iran of its obligations under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971 (the “Montreal Convention”), arising out of the shooting down on 8 January 2020 of a Ukrainian civil aircraft.

In the last five years, France has been party to the following contentious and advisory proceedings before the ICJ:   

• Equatorial Guinea v France (Proceedings alleging violations under the United Nations Convention against Corruption of 31 October 2003)
• Advisory Opinion on the obligations of States in respect of climate change
• Advisory Opinion on the obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States in relation to the Occupied Palestinian Territory

Volterra Fietta and its lawyers have been acting for States in cases before the ICJ, in both contentious and advisory opinion proceedings for over 30 years.  For example, Volterra Fietta is currently acting as counsel for Barbados in the Climate Change Advisory Opinion proceedings.

For further information, please contact info@volterrafietta.com.