Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
Iceland
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Iceland/1998/112
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Iceland - Jurisprudence of 28/01/1998

Sigurður R. Þórðarson, Björn Erlendsson, Vilhjálmur A. Þórðarson, Hákon Erlendsson, Jón Ársæll Þórðarson og Naustin hf. (Individuals) v. the Government of the United States, the United States Forces in Iceland and the State of Iceland (States)

Author(ity)

Supreme Court (Hæstiréttur)

Date of the decision, of the judgment

28/01/1998

Points of law

The Court dismissed the case against the Government of the United States and the United States Forces in Iceland ex officio on the grounds that neither the Defence Agreement between the Republic of Iceland and the United States of America, done on 5 May 1951, nor rules of public international law lead to the conclusion that the US Government or the US Forces in Iceland should fall under the jurisdiction of Icelandic judicial tribunals in disputes over such matters.

Summary of the case

The plaintiffs commenced legal action against the Government of the United States, the United States Forces in Iceland and the State of Iceland, submitting various claims related to the defendants’ use of the plaintiffs´ land. The plaintiffs´ land had been leased by the Government of Iceland that then handed it over to the US Forces to use. Neither the US Government nor the US Forces in Iceland were parties to the lease agreement.

The Supreme Court dismissed the case against the US Government and the US Forces in Iceland ex officio on the grounds that neither the Defence Agreement between the Republic of Iceland and the United States of America, done on 5 May 1951, nor rules of public international law lead to the conclusion that the US Government or the US Forces in Iceland should fall under the jurisdiction of Icelandic judicial tribunals in disputes over such matters.

Sources

The Supreme Court´s Collection of Court Rulings 1998 (Dómasafn Hæstaréttar 1998).

Additional information (explanations, notes, etc.)

n/a