France To Challenge Iran’s Hostage Diplomacy Before The UN Top Court

On May 16, 2025, France filed an Application instituting proceedings against Iran before the International Court of Justice (ICJ) with regard to a dispute which, according to the Application, concerns “serious and repeated breaches by Iran of its obligations under the [Vienna]

Convention [on Consular Relations of 24 April 1963] in the context of the arrest, detention and trial of several French nationals in Iran.” The Application of France relates to “the hostage policy pursued by Iran against French nationals since May 2022.” France contends that this policy “targets French nationals traveling in or visiting Iran by accusing them of various offenses relating to Iranian national security.” The ICJ is the principal judicial organ of the United Nations. The ICJ has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

The Application, as submitted by France, specifically concerns Iran’s detention of two French nationals, Ms Cécile Kohler and Mr Jacques Paris. As indicated by France, Ms Cécile Kohler, a modern literature teacher, and her companion, Mr Jacques Paris, a retired mathematics teacher, were on a tourist visa in Iran before they were arrested on May 8, 2022, by Iranian law enforcement. They have been accused of spying – charges which they have denied. They have been imprisoned ever since. It was not until June 18, 2022, that Iran officially informed France about the arrest of two French nationals. Over the last three years of their imprisonment, the two have only been able to speak with the French consular authorities on four occasions, during individual visits lasting an average of around ten minutes, which took place under very close surveillance and in restrictive conditions. Furthermore, France was effectively prevented from providing legal representation for Ms Cécile Kohler and Mr Jacques Paris. Despite its repeated requests, France has never been able to obtain substantial information on the ongoing legal proceedings concerning the two French nationals still detained in Iran.

France alleges that this “hostage diplomacy” is being implemented with the specific aim of forcing France to perform or refrain from certain acts. This involves, paraphrasing the terms used in the 1979 International Convention against the Taking of Hostages, seeking to obtain a real or supposed counterpart as an “explicit or implicit condition” for the release of the persons concerned.

With the Application to the ICJ, France seeks to found the Court’s jurisdiction on Article 36 of the Statute of the Court, read in conjunction with Article I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes of 24 April 1963, to which both France and Iran are parties.

France requests the ICJ to declare that Iran has failed, and continues to fail, to fulfill its obligations under Article 36 of the Vienna Convention on Consular Relations. France also requests the ICJ to order Iran to take all necessary measures without delay to put an end to these violations and to redress all their consequences. France further requests that Iran be ordered to refrain from taking any further measures that would constitute a violation of its obligations and to provide assurances and guarantees of non-repetition of such conduct.

This is an important step taken by France to challenge Iran’s hostage diplomacy. Hostage diplomacy refers to the practice of strategic detention of foreign nationals by a state to pressure another government into making political or economic concessions. Over the years, Iran has used hostage diplomacy as a strategic foreign policy tool, toying with the lives of people. However, Iran is not alone in playing such games. Russia, North Korea, and China, among others, are common culprits of this State-level hostage taking. Some experts suggest that State-level hostage takings have increased in recent years. As such, the issue requires further attention. Engaging the ICJ on the issue is an important legal avenue for justice and accountability, and a tool in the toolbox that cannot be underestimated.