ICJ’s Approach to the Objection of the United States Regarding Compliance with the Exhaustion of Local Remedy Rule: A Focus on the Certain Iranian Assets Case

The protection of nationals is a significant issue in international law, albeit not contemporary. However, such protection is recognized by the respective State only if the injured individual has exhausted all available legal avenues for remedies (both administrative and judicial) within the domestic authorities of the defendant State. This requirement, serving as a precondition for initiating a lawsuit before international courts or tribunals, affords the host State the opportunity to investigate the alleged violation and provide redress. This article examines how the International Court of Justice (ICJ/ the Court) addresses preliminary objections and claims of non-compliance with the exhaustion of local remedy rule in cases brought before the Court. Employing a descriptive-analytical method and relying on library sources, the article explores the concept of access to justice and the exhaustion of local remedy rule in international disputes, with a particular focus on the ICJ's judgment of March 30, 2023, regarding the case of Certain Iranian Assets. The primary finding of this study is that the Court, departing from its previous approach and emphasizing the efficacy of remedies, dismissed the United States' objection that Iran failed to comply with the rule. The Court emphasized that the exhaustion of local remedy rule should be assessed on a case-by-case basis, taking into account the prevailing circumstances.