Points of law

The Court dismissed the case against the Government of the United States 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 the rules of public international law lead to the conclusion that the US Government 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 submitting various claims related to the defendant´s use of land belonging to the plaintiffs. In accordance with the Defence Agreement between the Republic of Iceland and the United States of America, done on 5 May 1951, the land in question had been leased by the Government of Iceland that then handed it over to the US Forces to use. The defendant was not party to the lease agreement. The plaintiffs argued that because of the private law character of the actions giving rise to their claims, which concerned the plaintiffs´ proprietary rights and free disposal of their estate, the US Government should not enjoy extraterritorial rights in this case.

The Tribunal pointed out that the 1951 Defence Agreement does contain a rule which stipulates how claims (other than contractual claims) arising out of acts done by members of the United States Forces shall be settled through the auspices of a specific body construed for that purpose. However, neither the Defence Agreement nor rules of public international law were thought to lead to the conclusion the US Government should fall under the jurisdiction of Icelandic judicial tribunals disputes over such matters.

The Tribunals decision to dismiss the case ex officio was confirmed by the Supreme Court.

Sources

The Supreme Court’s Collection of Court Rulings 2002 (Dómasafn Hæstaréttar 2002).

Additional information (explanations, notes, etc.)

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