SHORT V IRAN

Iran had been a monarchy from 1501 until 1979 Iranian Revolution.
revolution just as the acts of supporters of an existing

government are not attributable to the government as
Before it became Islamic Republic, L.W. Short an American national was decided in the case of US v IRAN.
employed by Lockheed which is an American company in Iran. o Revolutionary acts may be imputable only if it
were established that, in fact, on the occasion in
However starting October 1977, demonstrations against Iran commenced question, the militants acted on behalf of the
accompanied by intense anti- United Sates sentiments. This strong State, having been charged by some competent
sentiment was a consequence of Shias belief that Shas’ who is in control of organ of the State to carry out a specific
the Iranian government during that time was being controlled by United operation
States.
2. Declaration of the revolutionary leader Ayatollah Khomeini
This resulted the evacuation of about 45, 000 US nationals to left Iran - “up to the dear pupils, students and theological students to
including Short. Specifically Short left Iran on February 8, 1979 on company expand with all their might their attacks against the United
orders. States and Israel, so they may force the United States to
return the deposed and criminal Shah, and to condemn this
On February 11, three days after he left, came the proclamation of the great plot”
Islamic Revolutionary Government and eventually on April 1. Iran became an o While these statements are of anti-foreign and in
Islamic Republic. particular anti-American sentiment, the Tribunal
notes that these pronouncements were of a
Now Short claims compensation from government of Iran in this case (US v general nature and did not specify that
The Islamic Republic of Iran). He relies on two events which are attributable Americans should be expelled en masse.
to state: o it cannot be said that the declarations referred to
by the Claimant amounted to an authorization to
1. Acts committed by revolutionaries revolutionaries to act in such a way that the
2. Declaration of the revolutionary leader Claimant should be forced to leave Iran forthwith.
o Nor is there any evidence that any action
The Iran- US tribunal dismissed the case. prompted by such statements was the cause of
the Claimant’s decision to leave Iran.
The tribunal in dismissed the case for he has failed to prove that his
departure from Iran can be imputed to the wrongful conduct of Iran, and The Tribunal is of the view that the Claimant has failed to prove that his
discussed the following: departure from Iran can be imputed to the wrongful conduct of Iran. The
claim is therefore dismissed.
I. Where a revolution leads to the establishment of a new government the
following rules on state responsibilities are to be considered:
1. State is held responsible for the acts of the overthrown
government insofar as the latter maintained control of the
situation.
- The Tribunal taken into accounts the existence of
a revolutionary situation in Iran during the period
under consideration. The reports that many
thousands of Iranians lost their lives in the course
of these revolutionary events is an indicator of
the magnitude of the turmoil associated with the
Revolution. As a result of this turmoil, the
successive governments appointed by the Shah
lost control over events and the last of them was
eventually overthrown.
2. The successor government is also held responsible for the acts
imputable to the revolutionary movement which established it,
even if those acts occurred prior to its establishment, as a
consequence of the continuity existing between the new
organization of the State and the organization of the
revolutionary movement.
- The Claimant departed from Iran on 8 February
1979, a few days before the proclamation on 11
February of the Islamic Revolutionary
Government.
Overall, when Short left Iran, the revolutionary movement had not yet been
able to establish control over any part of Iranian territory, and the
Government had demonstrated its loss of control; hence neither the
overthrown nor successor government may be held responsible.
II. As to the two facts invoked by Short as having caused his departure,
the tribunal dismissed his claims explaining in this wise:
1. Acts committed by revolutionaries
- He was unable, however, to identify any agent of the
revolutionary movement, the actions of which compelled him
to leave Iran. The acts of supporters of a revolution cannot
be attributed to the government following the success of the

SHORT V IRAN

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SHORT V IRAN

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Iran had been a monarchy from 1501 until 1979 Iranian Revolution.

revolution just as the acts of supporters of an existing

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