Legal and Historical Evidence for the Iranian Sovereignty over the Tunbs and Abu Musa Islands

An historical and legal review of the life of early nations demonstrate that they were not dependent on any particular territory and, therefore, territory played no major role in the past. Since permanent settlement on a determined territory became significant and international law recognized sovereignty over a specific frontier and territory constituted a material and essential element in constituting statehood, territory gained vital economic, political and military role for every country of the world. Accordingly, territory became an element of various disputes as well as wars between members of the international community taking many lives. Although there has not been any war because of the dispute between Iran and the United Arab Emirates (UAE) over the three islands of the Greater and the Lesser Tunbs and Abu Musa, it is one of the disputes which is considered as one of the main causes of the 8 years imposed Iraqi war again Iran. Though the discussion of various legal evidence, including prescription, effective and constant control, non-use of force and immemorial possession of the islands by Iran, this article’s aim is to prove the lawfulness of the Iran’s sovereignty over the islands. Also some have been made in this article proposals for the resolution of the dispute, among which is the submission of the case to the International Court of Justice (ICJ). However, according to Article 36 of the ICJ’s Statute both parties must give their consent to the jurisdiction of the ICJ in order for a dispute to be resolved by the Court. Currently, the ICJ does not have such jurisdiction. There are several strong evidence supporting Iran's ownership and sovereignty over the Islands both historically and legally. However, considering the circumstances of the case, it seems that resort to peaceful means of settlement including direct negotiations of the disputing parties on the basis of international law, including the law of treaties by which the 1971 Memorandum of Understanding was concluded, can be the best solution to resolve this long standing dispute.