Legal problems of international cooperation
Foreign Ministry’s statement on the US’s illegal attempts to reimpose UN sanctions on Iran
The United States continues its dangerous manoeuvres at the UN Security Council in the hope of carrying out its anti-Iran schemes. Having failed to push through a draft resolution on extending indefinitely an international arms embargo on Iran, which was resolutely rebuffed by the Security Council, the US began to badger UN leaders, including the UN Security Council president. The US wants everyone to recognise its alleged right to exert pressure on Iran with mechanisms envisaged by UN Security Council Resolution 2231 and the Joint Comprehensive Plan of Action (JCPOA) on the Iranian nuclear programme.
All this after the US officially withdrew from the JCPOA and has been crudely and shamelessly violating its own commitments stemming from related Security Council resolutions for over two years.
The US has regularly denounced “the nuclear deal” and been doing all it could to undermine the implementation of UN Security Council Resolution 2231. Now, having apparently forgotten its commitments, it has started talking about its own “rights.”
The US claims that it has invoked a “snapback” of the UN Security Council sanction resolutions on Iran that were withdrawn after the signing of the JCPOA in 2015. However, the US’s statements will fail to produce the desired effect. These tricks by the United States have no basis in reality. The US itself walked away from the plan, thereby depriving itself of the rights and opportunities envisaged in it and in UN Security Council Resolution 2231.
The US’s notice shows that Washington is misinterpreting this resolution and is not meeting its requirements. Neither is it meeting the requirements of the JCPOA that is part of the Security Council resolution. The US is trying to prove that it has the right to fulfil only those provisions of the resolution that are “convenient” to it and can be used for its anti-Iran policy. But this won’t do. Moreover, the US cannot include in its notice the description of “conscientious and exhaustive” efforts taken in settling disputes under JCPOA procedures because it did not make them. Meanwhile, these efforts were mandatory. Thus, the Security Council has no grounds on which to accept the US’s notice for consideration, not to mention take any action based on it. This would contradict Resolution 2231. Apparently, this is what Washington is trying to achieve by dragging other Security Council members into the wilds where international law does not exist.
We are convinced that the US’s notice is legally negligible and cannot initiate the mechanism to restore the former resolutions against Iran. Insisting on its erroneous position, the US cannot hope for support in the Security Council. It is impossible to give up one’s commitments on a resolution and claim the rights that it provides.
Russia has distributed a detailed legal argument to this effect.
We are confident that the efforts to escalate tensions around Iran are erroneous and self-defeating. We urge the US to opt for reasonable solutions and not deprive itself of an opportunity to come to terms with Iran.