Revolutionary Days: The Iran Hostage Crisis and the Hague Claims Tribunal A Look Back
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Few events have so captured the world s attention as the seizure by Iranian students of the United States embassy in Teheran, and the holding of American hostages for 444 agonizing days. It is hard to believe that almost two decades have passed since those momentous events, but they have remained fresh in the minds of all who took part, and they were vividly recalled at a historic conference held at New York University School of Law. This book records that conference, bringing together the recollection of more than thirty participants from the United States and abroad, as well as the documents necessary to understand the crisis and its resolution. The book focuses first on the events surrounding the seizure of the Embassy and the freezing of Iranian assets world-wide; second on the frustrating and complex negotiation with Iran, culminating in the Algiers Accords signed on the last day of the Presidency of Jimmy Carter; and third on the creation and functioning of the Iran-United States Claims Tribunal, whose work over more than fifteen years in adjudicationg controversies between states and private parties is the most thorough illustration of modern international law in action. The authors of this volume include the principal officials of the White House, Treasury, and Federal Reserve involved in the seizure of Iran s assets; several of the principal negotiators of the Algiers Accords; lawyers on both sides of the litigation of claims against Iran in U.S. courts; the first President of the Iran-U.S. Claims Tribunal as well as five other judges of that Tribunal; and two former Legal Advisers of the State Department and several of their associates. Altogether, the books presents a unique blend of history, politics, economics, and law, important both to scholars and for the general reader.
Preface Andreas F. Lowenfeld, Lawrence W. Newman, John M. Walker, Jr. Participants in the Conference I. THE HOSTAGE CRISIS AND ITS RESOLUTION 1. A Historical Overview Philip F. Napoli Comment: Fereydoun Hoveyda 2. The Decision to Freeze Iranian Assets Richard J. Davis Comments: Lloyd N. Cutler Robert Carswell Ruben Mundheim Thomas G. Shack, Jr. 3. Litigation in the United States of Claims against Iran Lawrence W. Newman Comments: Richard J. Davis Lloyd N. Cutler Michael F. Hertz Russell L. Munk Judge Robert P. Patterson Mark B. Feldman 4. Negotiation of the Algiers Accords The Historical Overview continued Philip F. Napoli The Negotiations Roberts B. Owen John E. Hoffman, Jr. Comments: Francis D. Logan James H. Oltman Ernest T. Patrikis Robert Carswell Judge John M. Walker, Jr. II. THE CLAIMS SETTLEMENT AGREEMENT AND ESTABLISHMENT OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL 1. Drafting the Claims Settlement Agreement Mark B. Feldman Chronology Comments: Robert B. Owen Robert Carswell Gerald M. Rosberg 2. Establishment of the Claims Tribunal Judge Gunnar Lagergren Arthur W. Rovine 3. Drafting the Rules of the Tribunal Judge Howard M. Holtzmann Comments: Lucy F. Reed Judge Richard M. Mosk III. THE CONTRIBUTION OF THE CLAIMS TRIBUNAL TO INTERNATIONAL LAW 1. Establishing the Tribunal s Jurisprudence Judge George H. Aldrich Judge Richard M. Mosk Comments: Judge Howard M. Holtzmann Judge Robert Briner 2. The Long-Term Contribution of the Tribunal to International Law David D. Caron Charles N. Brower Comments: Judge George H. Aldrich Judge Robert Briner Donald F. Donovan Joseph E. Neuhaus Herbert Rubin Judge Gunnar Lagergren John R. Crook 3. Government-to-Government Cases and Settlement of the Small Claims Judge Abraham D. Sofaer Ronald J. Bettauer Comments: John A. Westberg Thomas G. Shack, Jr. Closing Remarks Andreas F. Lowenfeld APPENDIX OF DOCUMENTS The United States Freeze of Iranian Assets U.S. Department of Justice Memorandum on Presidential Powers relating to the Situation in Iran (November 7, 1979) President Carter s Executive Order (Nov. 14, 1979) White House Statement (Nov. 14, 1979) U.S. Iranian Assets Control Regulations (as amended through Jan. 9, 1980) President Carter s Remarks Announcing Further U.S. Sanctions (April 7, 1980) Negotiations between the United States and Iran, 1980-1981 Iran Conditions for Release of Hostages (Nov. 2, 1980) First United States Response (Nov. 11, 1980) Second United States Response (Dec. 3, 1980) Second Iranian Response (Dec. 21, 1980) The Algiers Accords (January 19, 1981) Declaration of the Government of the Democratic and Popular Republic of Algeria Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States and the Government of the Islamic Republic of Iran Undertakings of the Government of the United States America and the Government of the Islamic Republic of Iran with Respect to the Declaration of the Government of the Democratic and Popular Republic of Algeria Statement of Adherence by President Carter United States Implementation of the Algiers Accords Letter to President Carter from Attorney General Civiletti Concerning Legality of the U.S.-Iran Hostage Release Agreement (Jan. 19, 1981) President Carter s Message to Congress Summarizing his Executive Orders to Implement the Algiers Accords (Jan. 19, 1981) U.S. State Department: Statement on Implementation of Hostage Agreement (Feb. 18, 1981) President Reagan s Executive Order Suspending Litigation against Iran (Feb. 24, 1981) President Reagan s Message to Congress Ratifying President Carter s Executive Orders (Feb. 24, 1981) United States Supreme Court Decision in Dames & Moore v. Regan Upholding Algiers Accords Iran-United States Claims Tribunal Rules of Procedure: Final Version with Annotations PARTICIPANTS IN THE CONFERENCE George H. Aldrich has been a judge on the Iran-U.S. Claims Tribunal since its foundation. Ronald J. Bettauer is Assistant Legal Adviser for International Claims and Investment Disputes in the United States Department of State. Charles N. Brower is a former judge in the Iran-U.S. Claims Tribunal and a partner in the law firm of White & Case, Washington, D.C. Robert Briner is a former president of the Iran-U.S. Claims Tribunal and currently president of the International Court of Arbitration of the International Chamber of Commerce. David D. Caron was a Legal Assistant at the Iran-U.S. Claims Tribunal and is currently Professor of Law at the University of California at Berkeley. Robert Carswell was Deputy Secretary of the Treasury in the Carter Administration and is presently of Counsel to Shearman & Sterling, New York. John R. Crook was the second U.S. agent at the Iran-US Claims Tribunal and currently Assistant Legal Adviser for United Nations Affairs in the United States Department of State. Lloyd N. Cutler was Counsel to President Carter and he is presently senior counsel to the firm of Wilmer, Cutler & Pickering, Washington, DC. Richard J. Davis was Assistant Secretary of the Treasury in the Carter Administration and is presently a member of the firm of Weil, Gotshal & Manges. Donald F. Donovan was a Legal Assistant at the Iran-U.S. Claims Tribunal and is presently a member of the firm of Debevoise & Plimpton, New York. Mark B. Feldman was formerly Deputy Legal Adviser in the United States Department of State and is presently a member of the firm of Feith & Zell, Washington, D.C. Michael F. Hertz is an attorney in the Civil Division in the United States Department of Justice John E. Hoffman is a former member of the firm of Sherman & Sterling, New York. Howard Holtzmann was a Judge of the Iran-U.S. Claims Tribunal 1981-94. Fereydoun Hoveyda was United Nations representative of Iran during most of the 1970s and later adviser to Secretary General Waldheim on the Iran crisis. Gunnar Lagergren was the first President of the Iran-U.S. Claims Tribunal. Francis D. Logan was a member of the firm of Millbank, Tweed, Hadley, McCloy. Andreas F. Lowenfeld is Professor of Law at New York University School of Law. Richard M. Mosk has served two terms as a Judge at the U.S. Claims Tribunal and is a member of the firm of Sanders, Barnet, Goldman, Simons & Mosk, Los Angeles. Robert Mundheim was General Counsel to the United States Department of the Treasury in the Carter Administration and is presently a Managing Director at Salomon-Smith Barney. Russell L. Munk is Assistant General Counsel to the United States Department of the Treasury. Philip F. Napoli recently received a doctoral degree in history from Columbia University. Joseph E. Neuhaus was a Legal Assistant at the Iran-U.S. Claims Tribunal and is presently a member of the firm of Sullivan and Cromwell, New York. Lawrence W. Newman was the Chairman of the United Stated Iranian Claimants Committee in the Litigation against Iran. He is a partner in the firm of Baker & McKenzie in New York. Roberts B. Owen was the Legal Adviser to the United States Department of State in the Carter Administration and is presently senior counsel to the firm of Covington & Burling, Washington, D.C. James H. Oltman was an officer of the Federal Reserve Bank of New York. Robert P. Patterson is a United States District Judge in New York. Ernest T. Patrikis was General Counsel and is now First Vice President of the Federal Reserve Bank in New York. Lucy F. Reed was U.S. Agent at the Iran-U.S. Claims Tribunal and is presently counsel to the Freshfields firm in New York. Gerald M. Rosberg was Counselor on International Law in the Office of the Legal Adviser, United States Department of State and is presently Vice President-Affiliates of the Washington Post. Arthur W. Rovine was the first U.S. Agent at the Iran-U.S. Claims Tribunal and is presently a partner in the firm of Baker & McKenzie, New York. Herbert Rubin is a member of the firm of Herzfeld and Rubin, New York. Thomas G. Shack, Jr. a lawyer in Washington, D.C. represented Iran in U.S. litigation during the hostage crisis. Abraham D. Sofaer was the Legal Adviser to the U.S. Department of State in the Reagan Administration and is presently a scholar at the Hoover Institution. John A. Westberg is of counsel to the law firm of Pepper, Hamilton & Scheetz, Washington, D.C. John M. Walker Jr. was Assistant Secretary of the Treasury in the Reagan Administration and is presently a Judge in the U.S. Court of Appeals for the Second Circuit.
