International Relations Researches

International Relations Researches

International legal Criticism of the Verdict Issued in the Case of Marla Bennett regarding the Violation of the Immunity of Iranian Property in Canada

Authors
1 , MA in International Law, Department of Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
2 Ph.D. International Law, Department of Law, Payam Noor University, Tehran, Iran..
Abstract
In 2019, the Supreme Court of Ontario, Canada recognized and implemented the decision of the US appeals courts in this regard, according to the amendment of the 2012 Canadian Immunity Act and the Mutual Recognition of Judicial Opinions Act between the US and Canada. The document published by this court on August 7, 2019, emphasizes that the proceeds of two properties belonging to Iran, which were sold for an approximate value of 28.3 million Canadian dollars (21.3 million US dollars), should be presented to the heirs of Marla Bennett; Bennett was an American citizen who was killed in a 2002 Hamas bombing of the Hebrew University of Jerusalem. This action of the Canadian court, which was based on the Justice for Victims of Terrorism Act 2012 and the instructions on the lists of states that support terrorism, has put the question before international lawyers whether the violation of the immunity of the Iranian government's property in Canada is based on the principles of law. International, has a legal status? The result of the current research is that the main argument of the Canadian courts regarding the violation of the immunity of the state property of the Islamic Republic of Iran in this country is that the Lebanese Hamas and Hezbollah groups are terrorists, and any support for them is considered to be support for terrorist groups. This is despite the fact that the procedure of the Canadian government in describing governments or groups as sponsors of terrorism is discriminatory, and it has accepted the effective control criterion as an international criterion, and most importantly, in none of the documents The United Nations, Hamas and Hezbollah groups in Lebanon have not been considered as terrorist groups, therefore, the exception of terrorism cannot be cited in violating the immunity of the Iranian government's property.
Keywords

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