1987

AT

Short v Iran US v Iran Iran US CTR

An American National was evacuated from Iran on company orders because of the deteriorating situation. The claimant sought compensation from salary resulting from his alleged expulsion contrary to CIL

Where a revolution leads to the establishment of a new government the state is held responsible for the acts of the overthrown government insofar as the latter maintain control of the situation. The successor governmental is also held responsible for the acts imputable to the revolutionary government, which established it, even if those acts occurred prior to its establishment. The claimant relies on acts committed by revolutionaries … he is unable however to identify any agent of the revolutionary movement, the actions of which compel him to leave Iran. The acts of the supporters of a revolution cannot be attributed to the government following the success of the revolution just as the acts of supporters of an existing government are not attributable to the government. The tribunal is of the view that the claimant has failed to prove that his departure from Iran can be imputed to be wrongful conduct from Iran.