Amb. Ravanchi's opening remarks @ UNSC Stakeout, 20 August 2020
Today, the U.S. attempted to mislead the international community by resorting to lies and fabrications to supposedly initiate a mechanism under Resolution 2231.
According to conclusive legal facts, the U.S. is not a “JCPOA participant” and has “no right” to trigger the so-called snapback mechanism, and its arbitrary interpretation of Resolution 2231 cannot change the reality.
Thus, we are of the firm conviction that the letter sent by the U.S. today to the Security Council’s President, and all references therein is null and void and has no legal standing and thus inadmissible.
- Ravanchi, UNSC Stakeout, 20 August 2020
Today, the U.S. attempted to mislead the international community by resorting to lies and fabrications to supposedly initiate a mechanism under Resolution 2231.
According to conclusive legal facts, the U.S. is not a “JCPOA participant” and has “no right” to trigger the so-called snapback mechanism, and its arbitrary interpretation of Resolution 2231 cannot change the reality.
Thus, we are of the firm conviction that the letter sent by the U.S. today to the Security Council’s President, and all references therein is null and void and has no legal standing and thus inadmissible.
Failed in its recent attempt to convince the Security Council to impose arms embargo on Iran, this time, the U.S. intends to apply its so-called “maximum pressure” policy on the UN, the Security Council and its members.
The U.S. move is a clear example of abusing the process, which is prohibited under international law. This is nothing but a legal and political bullying.
Through political maneuvering, media campaign and creating legal confusion, the U.S. wants to create a self-arrogated right which does not exist.
The U.S. has no such right because it has officially ceased its participation in the JCPOA, and in practice, since then it has not participated in any JCPOA-related meetings, events or activities.
The U.S. officials themselves have admitted repeatedly in the past two years that the U.S. has no right to snapback since it is not a JCPOA participant anymore. No country can claim for a right that it has already abandoned. This is an established principle of international law.
Even if the U.S. was in the JCPOA, it could not have triggered snapback, for three reasons:
First) It continues to grossly violate its obligations under Resolution 2231 and under international law, a party which does not fulfil its own obligations cannot be recognized as retaining the rights which it claims to derive from the relationship.
Second) The exhaustion of the JCPOA dispute resolution process is an essential prerequisite of initiating snapback and the U.S. has not even started that process.
Third) Resolution 2231 stipulates that a party initiating snapback must make good-faith efforts to resolve the issue before notifying the Council. The U.S. not only lacks “good faith” in initiating snapback but its policies and practices clearly indicate that it continues to have bad-faith towards the JCPOA and Resolution 2231.
Therefore, the international community must resist the U.S. outlaw behavior and protect the UN’s credibility and ensure the rule of law.