If US resorts to UNSC Res. 2231 to destroy JCPOA, it is taking a wrong path

Vienna (IP) - If the US resorts to the UNSC Resolution 2231 to destroy the JCPOA, it is taking a wrong path, Iran’s Deputy Foreign Minister for Legal and International Affairs and Head of Iran's Mission to the IAEA's Board of Governors Mohsen Baharvand said in a statement.

Iran Press/Iran news: Baharvand referred to the recent report of the IAEA Director General Rafael Grossi, saying: “The report … demonstrates once again that the level of cooperation between Iran and the agency stands at the same level as it has been in the past.”

“Even in the difficult situation caused by the COVID-19 pandemic, verification activities of the agency have been conducted without any impediment and remains uninterrupted. The DG’s report is again evidence that the agency continues to carry out its mandates in relation to the verification activities under the JCPOA,” he added.

The Iranian diplomat went on to say that the Islamic Republic of Iran continues its cooperation with the agency, asking: “Whether the JCPOA and the verification activities in accordance with this deal can resist the pressures exerted by the US creating an extremely difficult situation for its viability?” 

“The answer to this question could be both yes and no. Everything depends on the international community and the remaining participants of the JCPOA,” he added.

The official stressed that the US is sparing no effort to frustrate this important deal. What might be the benefit of the US in destroying such a multilateral agreement, or what the US would be able to propose in its absence, is up to them to explain. 

“US diplomacy is based on unilateralism and bullying but not multilateralism and cooperation. The US has already lost its spirit and ability to deliver fair solutions for international conflicts,” Baharvand said.

“The so-called Maximum Pressure approach has inflicted immense damages on my country and the Iranian people. The US shall be held responsible for its internationally wrongful acts and is obliged to compensate for the injuries incurred upon Iran,” added the official.

“Before the current US administration came to power and during the election campaign, the current US president pledged to withdraw from the nuclear deal. It is lamentable that international agreements become the subject of political rivalries in the United States. In such cases, the only important issue is to do something against the opposite part,” he said.

The US withdrew from the deal in May 2018 and defied its obligations under JCPOA, while in accordance with UNSC Resolution 2231, it had the obligation to adhere to its commitments under the nuclear deal.

“The United States is not allowed by any means to apply its domestic laws and regulations at the international level in defying the provisions of international law. If the US act prevails in international relations, no international agreement including the UN Charter would be able to sustain. The US was first of the hope that with its withdrawal from the deal and exerting Maximum Pressure, Iran would give in and the JCPOA would collapse. But all its desperate unilateral attempts failed,” Iran’s Deputy Foreign Minister for Legal and International Affairs noted.

Referring to the snapback mechanism, Baharvand said: "The US Administration, thus, recently entered into another phase of sabotage which is disguised with a form of legal debate. They have put forward the issue of the so-called snapback, upon a peculiar, unprofessional, and arbitrary interpretation of the UNSC Resolution 2231. They tend to make use of the resolution that pretending to be a participant in the JCPOA."

"Such simplified misinterpretation of an international document can only come from the one who either has no shred of understanding of the international law and the norms of interpretation or has evil intentions against a nation or the international community as a whole," he said.

The Iranian diplomat continued: "As far as we are aware, the US enjoys a good human resource, therefore the first scenario cannot be the case. However, there are some petty politicians including in our region who support every ill-founded US argument. As we know them, they probably enjoy both characteristics mentioned above."

"The fact is clear, US is no more a participant of the JCPOA in order to be able to utilize the so-called snapback mechanism, and if it resorts to the UNSC Resolution 2231 to destroy the JCPOA, it is taking a wrong path, because; first, the main purpose of the Resolution is to maintain the deal and enhance its implementation not to turn into the tool to dismantle it, and second, the so-called snapback has a known procedure through the Joint Commission of the JCPOA, and for this, the initiator should be a participant of the Joint Commission to be able to trigger the process. Even if the US was a participant of the deal, it could have not trigger the so-called snapback without implementing its obligations therein under good-will," he added.

Referring to the Iran Nuclear Deal, Baharvand said: "Iran has repeatedly shown its willingness to implement the deal fully and effectively we should be realistic a bit. The US has withdrawn from the nuclear deal and has imposed additional sanctions on my country. We are adhering to our obligations expressed in the deal but at the same time, it is almost impossible to enjoy the rights stipulated therein. Therefore, Iran is using its remedial rights within the framework of the deal. However, we are ready to reverse the steps which have been taken as soon as we can enjoy freely the rights enshrined in the deal."

"Having said all the above, we should not lose hope and enhance cooperation with our partners in the JCPOA. The recent resistance shown by the members of the UN Security Council against the US unilateral measure in relation to the JCPOA is a good example of reinforcing multilateralism. Such action is commendable and could be used as a lesson learned in other international fora, 

Finally, the Iranian official pointed to the commitments of EU/E3 members enshrined in the JCPOA, saying: "It goes without saying that they should implement their commitments fully and effectively under the nuclear deal. The answer of course is no if Iran cannot enjoy its rights under the JCPOA and international law generally. The answer again is no if there is no balance between the rights and obligations of Iran under the deal and if multilateralism is undermined and unilateralism continues to prevail in active or passive form."

104/214

Read More:

US failure in triggering snapback, historic victory for Iran: Rouhani

Biden acknowledges failure of Trump's policy towards Iran while promising to join JCPOA

US fails to understand Law: From failure to threats in the UN Security Council