Mala Fides Exceptions in Certain Iranian Assets: Lessons for Inter-State and Investment Disputes.

The article analyzes the International Court of Justice's (ICJ) 2023 final judgment on the Certain Iranian Assets case, focusing on the Court's treatment of mala fides exceptions—specifically abuse of process, abuse of rights, and the clean hands doctrine. It highlights the ICJ's rejection of these exceptions, noting the Court's reluctance to find States liable for bad faith conduct due to high evidentiary standards and concerns over State sovereignty. The article critiques the ICJ's procedural distinction between abuse of process (a preliminary objection) and abuse of rights (a merits defense), arguing that in practice these concepts overlap and warrant a unified approach. It also discusses the ambiguous legal status and limited applicability of the clean hands doctrine in inter-State disputes, emphasizing the Court's failure to clarify its scope or provide detailed reasoning, which may encourage continued, potentially inconsistent use of mala fides arguments by States in future cases.