Tribunal held: the obligation to terminate litigation applied only to cases falling within its own jurisdiction, but that the obligation to terminate cases that did fall within its jurisdiction was not satisfied by mere suspension
(95) Unless otherwise agreed by treaty, general international law permits a State to choose the means by which it implements its international obligations within its domestic jurisdiction. Nonetheless a State’s freedom with respect to the choice of the means for implementing an international obligation is not absolute. The means chosen must be adequate to satisfy the State’s international obligation, and they must be lawful.
(99) by adopting the suspension mechanisms provided for in Executive Order 12294 the US adhered to its obligations under the Algiers Declarations only if, in effect, the mechanisms resulted in a termination of litigation as required by those Declarations