Vienna Convention Observation

"Canada avails itself of this opportunity to renew to the Permanent Mission of the Islamic Republic of Iran the assurance of its highest consideration."
Canadian permanent mission to the United Nations

Now there's a strange and discordant decision. Even sounding mealy-mouthed. Made for what may seem to be logical enough reasons in the interests of observing the niceties of international diplomatic mores and assurances, yet on the other hand, given the focus somewhat disturbing. "Iran's state immunity has been lifted but its diplomatic immunity remains intact", lawyers for Canada's Department of Justice stated, filing documents with the Ontario Superior Court of Justice.

Victims of Iranian-backed terrorism have taken the initiative in the United States to have Iran's diplomatic property there seized, to enable them to secure the damages found for them in U.S. courts on behalf of various individuals who suffered from terrorism-related assaults and now seek compensation. The Islamic Republic of Iran is held to be responsible for terrorist activities undertaken by its satellites Hamas and Hezbollah.

In an American court in 2007 Hamas was held to be responsible for the death of a 24-year-old graduate student in 2002 by a bomb on Hebrew University campus. Using material support from Iran, Hamas was named as responsible, and by extension its sponsor, Iran, and it was Iran that was ordered to pay Marla Bennett's parents and sister close to $13-million.

Another lawsuit was lodged by Alann Steen and the family of David Jacobsen who were kidnapped in Lebanon in the 1980s, held hostage by Hezbollah on behalf of Tehran, which was found responsible by an American court and ordered to pay $342-million to Mr. Steen in 2003 and $6.4-million to the family of David Jacobsen three years later.

Iranian assets in the United States were insufficient to satisfy these judgements, and the victims turned to Canadian courts to secure assets held by Iran within Canada. An Ontario judge had ordered late last year that the Republic's properties in Ottawa and Toronto be held in a restraining order. And now the federal government has stepped in to protect Iranian diplomatic assets from seizure.

The Department of Foreign Affairs insists that diplomatic relations "have not been severed and there is a continuing commitment to respect and protect the mission's property". Canada has indeed through its mission to the United Nations forwarded a diplomatic note to Iran's mission at the UN, giving promise that Canada "will adhere to its obligations" under the Vienna Convention. For it expects that Iran will reciprocate.

Canada's mission staff has been recalled from Tehran who vacated the mission when Foreign Affairs Minister John Baird made public on September 7, 2012, that Canada's embassy in Tehran had been closed, giving Iranian diplomats in Ottawa five days to vacate the Iranian embassy in Ottawa and return to Iran. "The inability of Canada to protect diplomatic property from execution by creditors of Iran could negatively impact on the inviolability of Canada's diplomatic assets abroad."

Canada's position is that the court should not permit claims against three Iranian diplomatic properties in Ottawa to proceed. Those properties representing the embassy, the ambassadorial official residence and a condominium owned by Iran's mission. Exempt from Canada's concern are a set of offices in Toronto and an industrial building in Ottawa used as the Iranian Cultural Center which was, in fact, an extension of the public relations arm of the embassy.

The U.S. mandated Justice for Victims of Terrorism Act had a purpose; to permit victims of terrorism to sue the perpetrators and those who support them, including foreign states. It is beyond a question of proof that Iran sponsors terrorist groups and utilizes them to mount terrorist acts beyond its borders, impinging upon the international community; recent confirmed attacks in Europe confirm that.

This represents an unfortunate decision on the part of the Government of Canada. While it is faithful to the letter of international diplomatic law, it lapses in faith toward those who have suffered from the effects of terrorism, and it belies Canada's obligation to support all measures that attempt to combat terrorism and to impose penalties upon those who use state auspices to incite to terror.

The Islamic Republic of Iran has amply demonstrated what it thinks itself, of its international obligations; not only to the global community in pursuing a communal responsibility to combat terrorism, but to the very same diplomatic conventions that protect state missions.

Its hostage-taking of American embassy staff and its trashing of the Tehran-based U.S. embassy in 1979 spoke volumes about its contempt for such formalities and for human rights.