The doctrine of clean hands with emphasis on the dispute between Iran and the United States in Property Confiscation case

Subject Areas : International Relations

abbas barzegarzadeh ¹ (islamic azad university branch of bushehr)

Received: 2020-11-24 Accepted : 2022-06-02 Published : 2022-05-22

Keywords: Iran, International court of justice, USA, jurisprudence, clean hands, Property Confiscation,

Abstract :

One of the preliminary objections of the United States of America in the case of the Certain iranian assets of the Central Bank of the Islamic Republic of Iran, raised in the International Court of Justice following the ruling of the Supreme Court (2016) was the citation of the doctrine of clean hands. The main point of this descriptive-analytical study is to examine the US preliminary objection based on the Doctrine of the Clean Hands. The United States had claimed that the Iranian government had revoked the right to sue by supporting terrorism and the special face of Lebanese Hezbollah Has done. The International Court of Justice, while accepting the defenses of the Iranian legal team, rejected the US objections to the jurisdiction and hearing of the petition. The Doctrine of the Clean Hands has a long history in the legal literature and has been accepted by international arbitration bodies as a condition for hearing a petition, but has never been accepted by the International Court of Justice as a preliminary objection, and the Court often Examination has referred it to the mertis level. In the case of the dispute between Iran and the United States, the Court did not violate its jurisprudence .