Recent developments—especially the explicit backing by three European countries (Germany, France, and the United Kingdom) of Israel’s military aggression against Iran during the 12-day war—have marked the end of these countries’ legal standing as “participants” in the JCPOA. As Russia's Permanent Representative to International Organizations in Vienna, Mikhail Ulyanov, has also stated clearly, these three countries no longer possess the legal or moral authority to use the snapback mechanism.
The foundation of UN Security Council Resolution 2231, on which the JCPOA is based, rests on mutual commitments, good faith, and constructive participation by the parties to the agreement. When the three European countries not only failed to uphold their JCPOA obligations but openly followed the U.S. maximum pressure policy and directly supported Israel’s aggressive actions, they violated the fundamental principles of the agreement and effectively lost their status as participants in this mechanism.
Supporting a regime that has openly committed military aggression against a United Nations member state not only violates the UN Charter but is in complete contradiction with the spirit and text of the JCPOA, which is based on peace, security, and the non-use of force. Therefore, the three European countries have definitively lost the ethical, legal, and political legitimacy to utilize the JCPOA dispute resolution framework, particularly the snapback mechanism.
Since the U.S. unilateral withdrawal from the JCPOA in 2018, the Islamic Republic of Iran has pursued all the dispute resolution avenues foreseen in the agreement and has legally begun its remedial measures under Paragraph 36. Meanwhile, the three European countries have not only failed to meet their commitments but have also become the execution arm of Washington’s hostile policies and aligned with Israel in the recent military aggression against Iran.
In this context, Abbas Araghchi, Iran’s Deputy Foreign Minister, in an official letter addressed to UN Secretary-General António Guterres, the Security Council President, EU High Representative Kaya Callas, and Security Council members, clearly outlined Iran’s reasons and evidence for the disqualification of the three European countries. He emphasized that due to their persistent failure to fulfill their obligations, collaboration with the U.S. maximum pressure policy, and political and material involvement in the recent illegal military aggression, these countries have lost their status as “participants” in the JCPOA.
Araghchi stressed in the letter, “The three European countries not only lack the legitimate legal right to activate the JCPOA mechanisms and Resolution 2231, but any attempt by them in this regard is invalid and void under international law.”
He also warned, recalling the Troika’s contradictory behavior toward Council principles, that these countries must not undermine the Security Council’s credibility by abusing a resolution to which they themselves have not adhered.
Accordingly, the issue of disqualifying the three European countries in the UN Security Council should be raised and approved through a procedural resolution immune to veto. Such a measure is essential not only to protect Iran’s national interests but also to preserve the UN’s legal credibility and status against Western political overreach.
The failed attempt by the U.S. in 2020 to activate the snapback mechanism clearly demonstrates that the international community will stand firm against instrumental abuses of legal mechanisms. Iran, reiterating its readiness to respond to any hostile acts, has once again declared its openness to responsible diplomacy and meaningful dialogue, provided there is genuine goodwill.
The fact remains that actors who have not adhered to the fundamental principles of the agreement cannot claim rights arising from that same agreement. The Security Council, as the highest international authority, must recognize this legal reality and, by issuing a clear resolution, put an end to any misuse of the JCPOA by the European countries.
The Islamic Republic of Iran, while emphasizing its capability to respond to any hostile action, again expresses its readiness to return to a path of responsible diplomacy based on mutual respect. However, this path will only be meaningful if the other parties also return to their commitments and abandon their adventurous policies.
NOURNEWS