Pages: 94-99

Abstract

The present study was conducted to examine the reasons behind Iran’s absence from the International Court of Justice (ICJ) following the United Arab Emirates (UAE) and its supporters call for bringing the dispute over the three islands before the ICJ. First, the historical background of Iran-UAE dispute over the three islands (i.e., Abu Musa, Greater Tunb & Lesser Tunb) was mentioned, and then, after explaining the geographic characteristics of the three islands (geopolitics of the region) and presuming Iran’s ownership of the islands, the main reasons for Iran’s absence from the ICJ were extensively discussed. Iran’s statements for proving its ownership and rejecting the UAE’s request concerning referring the case to the ICJ included referring to the documents and historical evidence for Iran’s sovereignty, proving the United Kingdom’s occupation, and citing the 1971 Memorandum of Understanding, the legal principle of estoppel, and territorial see as defined in the Law of the Sea. Finally, it was concluded that the Government of the Islamic Republic of Iran did not concur to refer the dispute to the ICJ on the basis of sufficient evidence and reasonable and robust policy.