Summary

Footage Information

CONUS Archive
332138
STATE DEPARTMENT ON IRAN SUIT, SOVIET MISSILE TEST (1989)
WASHINGTON, DC
TVD
8/15/1989
7:00
8:37
Richard Boucher US State Department spokesperson
WIDE OF BRIEFING ROOM, TIGHT OF BOUCHER AT PODIUM SOT, CUTAWAYS
STATE DEPARTMENT DAILY BRIEFING TOPICS INCLUDE: -US WILL LITIGATE IRAN CLAIMS IN WORLD COURT OF JUSTICE ON USS VINCENNES CASE -JURISDICTION OF COURT OF JUSTICE
(SUGGESTED TRANSCRIPT OF AUDIO) 00:00 Did we call? We called Good afternoon, ladies and gentlemen. I don't have any statements, so let's go right to questions. 00:12 Has the United States notified the World Court in Iran that it would accept jurisdiction in the cases of incense, 00:21 yes, we have. Can you explain what? Well, let me say, first of all, the President decided that the US will appear and will litigate Iran's claims in the International Court of Justice. State Department legal advisor, Abraham so fair has been appointed the US agent for this case. I 00:44 case. You asked why 00:46 Iran is suing under the Chicago and Montreal conventions in which we agreed to the submission to the court of various civil aviation disputes, we will contest Iran's suits on jurisdictional grounds and on the merits, but we recognize the Court's authority under these two conventions to determine whether it has jurisdiction. Our participation at aimed is aimed at challenging Iran's assertions. In any event, the court will proceed with the case whether we participate or not. By appearing, we will be able to present our case and protect US interests most effectively, we did appear in the Nicaragua case in order to enable the court to determine whether it has juris, whether it had jurisdiction. The Court's decision in that case, we found was untenable, since the US had never agreed to its jurisdiction over cases of the type involved in the Nicaraguan complaint. The Court's decision in the Nicaraguan case also challenged our inherent right of self defense, so we withdrew from the little litigation in this situation. We accept that the course has this jurisdiction over certain disputes involving these two conventions we're going in to contest the jurisdiction in these particular cases that that does not apply in these particular in the particular case that Iran has brought. Does it detail the decision to participate in this case? Is supportive of the goal of the discussions that we've had with the Soviets, and that is to develop a realistic approach to the jurisdiction of the court that will promote greater use of the court. It shows, once again, our willingness to support the work of the court in appropriate cases. Further, one important element of the approach being discussed is to encourage acceptance by the permanent members of the UN Security Council of the court's jurisdiction under a number of multilateral and bilateral agreements that already provide for recourse to the court to resolve disputes arising under those agreements. The Chicago and Montreal conventions are two such treaties. 02:40 Jurisdiction of the court is that correct we're 02:43 participating in this in order to show our willingness to support the work of the court in appropriate cases. What we're contesting in this case is not that the Montreal and Chicago conventions have certain cases which have to be dealt with by the court, but rather that these this Iran case, is not among them. So participation and contesting the court's jurisdiction in these cases is a way, I'd say, of defining what we said, develop a realistic approach to the jurisdiction of the court. Can I also ask that's also the goal of what we're doing with the Soviets, is trying to define a realistic approach to the cases under jurisdiction of the court. 03:22 You also mentioned that you were, I think you said you were going to be challenging the 03:29 Iranian contentions in this case, not only on the jurisdictional basis, but also on the merits. Can you tell us a little bit about on what meritorious bases, bases you're contesting the Iranian contentions. Well, in this case, the USS Vincennes acted on the belief that the airliner was a hostile military aircraft. The mere fact that this belief was erroneous does not alone make the actions of the Vincennes unlawful. Nothing in the Chicago or Montreal conventions deprives any party of its inherent right to self defense, and the surrounding circumstances make the commander's belief reasonable 04:07 so the US is offered. I don't have anything on other countries. 04:11 We continue to hope that Iran will do the right thing for its citizens, but Iran has not officially informed us of its position yet go back on August 7, the Soviets informed us that they would be conducting missile tests into the Pacific near the Hawaiian Island chain during the period August 11 to 21 the specific impact areas are a rectangle of approximately 1200 miles northwest of the Hawaiian Islands And a 30 nautical mile radius circle located approximately 1200 miles south of Oahu. On August 8, the US government expressed its deep concern to the Soviets over the planned tests, and we urged that Soviet plans be modified. In response to our concerns, the Soviets informed us on August 9 that the. Missile test would be conducted strictly over water, not over any US territory, and that they would involve only international waters and airspace. We did not find this response persuasive or sufficient, because the Soviet missile test to the southern impact area would pass over the Hawaiian Island chain. Consequently, we expressed our concerns a second time to Soviet authorities, underscoring that this is not solely a legal issue, but an issue involving political and safety considerations. Once again, we strongly urge the Soviet government to re examine its plans. On August 11, the Soviets fired a test missile from churratum in the USSR, the missile impacted in the South Pacific some 12 150 nautical miles south of Oahu. The Soviets then canceled their notice to Airmen and Marines and mariners on August 12, indicating that they intend to conduct no further tests at this time. 05:58 Well, did the test on August 11, go over 06:04 US territory or any land area. It passed over the Hawaiian Island chain, and I'm afraid I'm not in a position to provide any more detail on it. When you say so, I see if we can get you anything more. I know this doesn't it doesn't answer the question precisely, but it, as you might expect, relates to our ability to determine precisely where a missile is at a precise time. Has there been a subsequent exchange to say that I'm not aware of any subsequent exchanges after that. Well, let me say first of all that the party politics in South Africa is clearly a South African internal matter, but I think I can address your second question, and that is that, as we've stated before, we look forward to an active dialog with the new South African government as part of our efforts to promote real negotiations leading to a non racial democracy in South Africa. What does he our embassy in Addis Ababa reports the weather over the Crash Site. Site today is cloudy and warm. Retrieval teams have completed an evacuation of the remains from the crash site to the forward base at gambela. The remains are being transferred by Ethiopian aircraft to Addis Ababa, where a temporary mortuary unit has been set up at bolay Airport. The remains, in fact, arrived in Addis Ababa at 1115, our time and examination of the remains has begun early this morning, a Department of Defense plane carrying additional pathologists and mortuary equipment departed Andrews Air Force Base for Addis Ababa to supplement the personnel already in Ethiopia. National Transportation Safety Board officials and safety experts have arrived in Ethiopia. Their examination of the crash site will begin tomorrow. We do note that Poland faces a difficult period of transition from a state dominated by one party to a more pluralistic and democratic system. This process must be managed within Poland itself. The formation of a new Polish government is an internal matter for the Polish people to decide. We hope that a new government will be formed as soon as possible. 08:15 So between United States and the Iranian government on the Vincennes 08:20 shoot down. I've been through the third 2/3 parties 08:23 with the refusal of the PLO so far to accept the election proposal. I 08:28 wouldn't characterize.
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Keywords

STATE DEPARTMENT
FOREIGN AFFAIRS
DIPLOMACY
IRAN
WORLD COURT OF JUSTICE
USS VINCENNES
IRAN AIR
SOVIET MISSILE TESTS
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