The International Court of Justice at The Hague
France Challenges Iran’s Detentions at World Court
The Hague: France has launched legal proceedings against Iran at the International Court of Justice (ICJ), accusing the Islamic Republic of repeated and serious violations of the 1963 Vienna Convention on Consular Relations through its arrest, detention, and trial of French nationals. The case, filed today, focuses on Iran’s alleged “hostage policy” targeting French citizens since May 2022, particularly Cécile Kohler and Jacques Paris, who remain detained. France claims Iran has denied these individuals consular access, obstructed their right to independent legal representation, and withheld critical information about their judicial proceedings, breaching international obligations.
The core of France’s complaint is Iran’s detention of Kohler, a modern literature teacher, and Paris, a retired mathematics professor, arrested on 8 May 2022 while travelling as tourists in Iran. France alleges that Iran’s actions are part of a deliberate strategy to detain French nationals on vague national security charges to pressure France into political concessions, a practice it equates to hostage-taking under the 1979 International Convention Against the Taking of Hostages. Messages from Paris to his daughter on 30 October 2023 and 8 January 2024 revealed Iranian authorities’ offers to release the detainees if France met conditions, such as extraditing individuals labelled as terrorists, a demand France has condemned as coercive.
France asserts that Iran violated Article 36 of the Vienna Convention, which requires prompt notification of consular authorities when a foreign national is detained, access to detainees for consular officials, and the ability to arrange legal representation. Iran delayed official confirmation of Kohler and Paris’s detention until 18 June 2022, despite France’s requests on 11 May and 12 June 2022. Over three years, France secured only four consular visits—on 23 November 2022, 14 June 2023, 18 February 2024, and 15 April 2025—each lasting approximately ten to twenty minutes under strict surveillance, preventing discussion of the detainees’ legal cases. A planned visit on 22 February 2023 was cancelled without explanation, which France cites as part of Iran’s systematic obstruction.
Further, France claims Iran has blocked effective legal representation. Since 24 October 2022, France has repeatedly requested that Kohler and Paris’s chosen lawyers, Hossein Taj and Hojjat Kermani, be allowed to meet them and access their case files, but Iran has not responded. Instead, Iranian-appointed lawyers Seyed Massoud Olamaei and Assadollah Tohidlou have refused to discuss the case with French authorities, focusing solely on their fees in a manner France describes as uncooperative and contrary to legal ethics. France has also been denied substantive information about the judicial process, with Iran providing only a single charge of “gathering and collusion to commit offences against national security.” A court hearing on 24 November 2024 proceeded without French consular presence, despite multiple requests to attend.
France grounds the ICJ’s jurisdiction in Article 36 of the Court’s Statute and Article I of the Optional Protocol to the Vienna Convention, to which both France (since 31 December 1970) and Iran (since 5 June 1975) are parties without reservations. France argues that Iran’s actions violate Article 36, paragraph 1, which ensures consular officials’ rights to communicate with, visit, and arrange legal representation for detained nationals, and detainees’ rights to access these services. The application cites prior ICJ cases, such as LaGrand (2001), Avena (2004), and Diallo (2010), to underscore that these guarantees apply to all forms of detention, particularly arbitrary ones, and that violations of individual rights under Article 36 also infringe on the sending state’s rights.
The broader context includes Iran’s detention of other French nationals, with France securing the release of Fariba Adelkhah, Louis Arnaud, Benjamin Brière, Olivier Grondeau, and Bernard Phelan through diplomatic efforts. However, Kohler and Paris remain in “inhumane conditions,” according to France. Since May 2022, France has sent numerous notes verbales demanding consular access, judicial transparency, and fair representation, including a joint protest with other states on 20 February 2023 and a strong condemnation on 12 January 2025. France has warned Iran of potential national or international action against those responsible.
France requests the ICJ to declare that Iran has breached and continues to breach Article 36 of the Vienna Convention, order Iran to cease these violations immediately, provide reparations for the consequences, and offer assurances against future breaches. France reserves the right to amend its application and has appointed Diego Colas, Director of Legal Affairs at the Ministry of Europe and Foreign Affairs, as its agent, with communications directed to the French Embassy in The Hague.
The case highlights a significant diplomatic and legal clash, with France framing Iran’s actions as a challenge to international consular protections. As the ICJ prepares to review the dispute, the ongoing detention of Kohler and Paris underscores the human stakes, drawing global attention to their families’ wait for resolution.
– global bihari bureau
The International Court of Justice plays a crucial role in resolving disputes between nations, ensuring that international law is upheld. It’s fascinating how it serves as a platform for peaceful conflict resolution, especially in today’s complex geopolitical landscape. However, I wonder how effective it truly is when powerful nations often seem to act with impunity. Do you think the Court has enough authority to enforce its rulings, or is it more symbolic? It’s also interesting to consider how its decisions shape global norms and influence future international relations. What are your thoughts on the Court’s ability to adapt to emerging global challenges? I’d love to hear your perspective on whether it’s living up to its intended purpose.