NOURNEWS- In a letter to Antonio Guterres on Friday, Mohammad Javad Zarif raised issues related to the US withdrawal from the Iran nuclear deal and the return of unilateral sanctions against the Iranian people, calling on the Security Council to pay attention to the grave, repeated and ongoing violations of the UN Charter. Article 25 shall be drawn up by the United States, which endangers the credibility and integrity of the United Nations and threatens international peace and security.
The text of Zarif's letter is as follows:
in the name of God
His Excellency Antonio Guterres, Secretary-General of the United Nations
Following my letter of 10 May 2018 (Document No. A / 72/869-S / 2018/453), I would like to draw your attention to some issues related to the illegal withdrawal of the United States from the Comprehensive Joint Action Plan (CJAP) as well as the illegal application of sanctions. I would like to draw the attention of that government against the nation and the government of the Islamic Republic of Iran, which is in clear contradiction with the obligations of that government under international law. In particular, I would like to draw your attention to the Security Council's position on issues related to gross, repeated and ongoing violations of the Charter of the United Nations Charter, in particular Article 25, by the United States, which endangers the credibility and integrity of the United Nations; And it threatens to attract international security.
1. Unilateral and illegal withdrawal of the United States from the UN Security Council
As you are well aware, on May 8, 2018, in gross violation of UN Security Council Resolution 2231, the President of the United States officially announced the unilateral withdrawal of the United States from the UN Security Council. So the US government ended its involvement in the UN Security Council and re-imposed all sanctions imposed on the UN Security Council. It has repeatedly committed "fundamental disregard" for the UN Security Council, which is in clear violation of UN Security Council Resolution 2231.
The illegal act of unjustified withdrawal from the UN Security Council and the re-imposition of its sanctions imply the responsibility of the United States government under the Charter of the United Nations and international law. The United States has violated Resolution 2231, a resolution adopted by that government and unanimously adopted by the United Nations Security Council on July 20, 2015. The United Nations must immediately address the responsibility of the United States government and hold Andolett accountable for the consequences of his misconduct, which is in clear contradiction with the UN Charter and international law. The impunity of the United States in this and other cases will severely damage the credibility of the United Nations.
In fact, it is now clear to everyone that the United States' illegal actions are blatantly disrespectful to international law and the UN Charter, undermine the principle of peaceful settlement of disputes, jeopardize multilateralism and its institutions, and return to a catastrophic era. And failure is a one-sidedness that encourages incompatibility and illegal practices, all of which indicate a clear threat to international peace and security.
2. US misconduct to weaken the provisions of Resolution 2231 (2015)
Resolution 2231 (2015) emphasizes that "the IAEA Board strengthens and facilitates the development of cooperation and normal economic and trade interactions with Iran," and calls for its full implementation in accordance with the timetable set out in the IAEA Board and all member states, regional organizations. E and International want to take appropriate action to support the implementation of the IAEA Board, including actions that are in line with the IAEA Board of Directors and this resolution, as well as refraining from actions that make it difficult to fulfill its obligations under the IAEA Board. "
The United States has not only failed to meet its obligations under the IAEA Board, but has also fundamentally obstructed the implementation of the commitments of other members of the IAEA Board and the United Nations. Since the Trump administration took office, the United States has once again resorted to unilateral coercive measures and imposed 129 sanctions on Iran, inflicting irreparable damage on Iran's economy and international trade relations. These actions have had a direct impact on Iran's private sector, cutting off the income of ordinary Iranians and reducing the private sector's ability to produce and entrepreneurship. Today, the current economic situation is even worse than before JCPOA. To clarify the issue, the full list of sanctions will be attached to this letter.
The withdrawal of the United States from the UN Security Council and the subsequent re-imposition of its oppressive, comprehensive and unilateral sanctions against Iran should be seen as a warning against international peace and security. Indeed, this is the first time in UN history that a permanent member of the Security Council has punished member states for adhering to a Security Council resolution.
It is time for the Security Council and its members to ensure full implementation by all parties. Instead of passively monitoring the repetition of such insulting approaches by the United States, along with absolute impunity, the Security Council should strongly condemn the re-imposition of illegal sanctions against the Iranian people, including violating the Charter, Resolution 2231 and international law. The United States must be held accountable for these damages and the damages to the Iranian people must be fully compensated. The international community must ensure implementation and adherence to the UN Security Council.
3. Iran's goodwill efforts to maintain order
Following the illegal withdrawal of the United States from the UN Security Council and the re-imposition of sanctions that were lifted under the UN Security Council, while protecting its rights under Article 26 of the UN Security Council, my government formally submitted a letter on May 10, 2018. , Activated paragraph 36 of JCPOA. The Islamic Republic of Iran, in order to fulfill its good intentions and give the remaining members of JCPOA the opportunity to fulfill its obligations, did not immediately resort to suspending the fulfillment of its obligations in accordance with JCPOA.
Excellency;
As you stated in your statement after the withdrawal of the United States from JCPOA: "It is necessary to pursue all concerns about the implementation of JCPOA through the existing mechanism in JCPOA." [2] Also at the request of the remaining members of JCPOA and the international community, While Iran was entitled to implement its rights immediately after JCPOA after the US withdrawal from JCPOA on May 8, 2018, the government decided to pursue its rights within the framework of the JCPOA Joint Commission and continued to fully implement JCPOA. I am sure that you are aware of the 15 successive reports of the International Atomic Energy Agency, which has fully verified Iran's compliance with its obligations under the IAEA Board. [3]
As stated in the official statement of the Islamic Republic of Iran, which was issued following the adoption of Resolution 2231 on July 20, 2015:
"The lifting of sanctions and related nuclear limitations by the European Union and the United States will mean that the transactions and activities mentioned in the UN Security Council can work with Iran and Iranians anywhere in the world without fear of retribution. Extraterrestrials will take place, and all individuals will be able to trade with Iran financially and freely with the freedom of choice. It is clear in the UN Security Council that both the European Union and the United States will refrain from reinstating or re-imposing sanctions and restrictive measures in accordance with the UN Security Council. "[4]
Unfortunately, as a result of the re-imposition of US sanctions from May 2018, Iran was deprived of the benefits of the sanctions lifting system, according to JCPOA. In fact, it was understood from the outset that "the resumption or re-imposition of sanctions and restrictive measures, including through extension, would constitute a fundamental non-compliance that would exempt Iran from its obligations in detail." [5] And this issue was also specified in paragraph 26 of JCPOA.
In the one year since the United States unilaterally withdrew from the UN Security Council, Iran, with restraint and goodwill, has complied with all the provisions of Article 36 of the UN Security Council. However, in the destructive atmosphere after Donald Trump's action on May 8, 2018, the three European governments / European Union in general failed to fulfill their obligations and Iran has no excuse other than implementing its rights under Articles 26 and 36 of the UN Security Council to stop implementing its obligations under the UN Security Council. May 8, 2019 was not ahead. This action continued for a whole year with the relentless efforts of the Islamic Republic of Iran to resolve the dispute settlement mechanism, which officially and explicitly began on May 10, 2018, without resorting to compensatory measures under Article 36.
In order to prove my goodwill and serious desire to maintain the IAEA Board, I would like to reiterate that the Islamic Republic of Iran continues to cooperate fully and effectively with the International Atomic Energy Agency and is ready to ensure the full implementation of the IAEA Board. Continue superficially.
In terms of content, it is important to point out that Iran's peaceful nuclear program is constantly under the "strongest" control and verification system of the IAEA, so claiming the dangers of dissemination is irrelevant. In fact, even in the latest report on Iran's nuclear program on March 3, 2020, the IAEA stated that "the Agency is indeed testing the non-deviation of the declared nuclear material in nuclear facilities and out-of-facility locations that are commonly used." They are placed (LOFs) and continue to be declared by Iran within the framework of its safeguards agreement. ”[6]
I would like to emphasize once again that if the rights and interests of the Iranian people under JCPOA are not fully compensated, it is Iran's undeniable right - recognized in JCPOA and Resolution 2231 - to take appropriate action in response to continued US illegal actions. Give.
4. Incomplete interpretation of UN Security Council Resolution 2231
UN member states are obliged to abide by the decisions of the Security Council adopted under Article 25 of the Charter. Otherwise, it will deprive the main pillar of the exercise of its powers and functions under the Charter. For this reason, the Security Council referred to Article 25 of the Charter in the Fourteenth Preamble to Resolution 2231 (2015) and emphasized that "the members of the United Nations agree to accept and implement the decisions of the Security Council in accordance with this Charter."
The drafting, approval, interpretation and implementation of Security Council resolutions have a specific framework and must be subject to the principles and rules of international law. No government can, by blocking all avenues to implement Security Council Resolution 2231 (2015), consider itself above the law (legibus solutus) and violate it by its heinous illegal acts and arbitrary interpretations. Interpretation of Security Council resolutions also requires other components to be considered. UN Security Council Resolution 2231 (2015) is the result of a voting process set out in Article 27 of the Charter, and the final text of the resolution, including its first annex (the UN Security Council), outlines the Security Council's position as a whole.
In addition, Security Council Resolution 2231 (2015) is binding on all member states, regardless of whether they are actively or passively involved in its preparation or adoption, or whether they weaken its provisions by adopting unilateral steps or They have grossly violated. The irony is that the government, which was involved in drafting and negotiating Security Council Resolution 2231 (2015), has now become its main enemy, forcing other governments to adopt such behavior by committing gross violations and bullying. He is afraid.
Statements by members of the Security Council during the ratification of the resolutions provide the basis for their interpretation. "Our work is not over yet," the US envoy said at the July 20, 2015 meeting. The international community must be equally strict in ensuring adherence to the Comprehensive Joint Action Plan, as we had in drafting and negotiating it. "Everything is done." [7] The French envoy also said: "It is now up to the Security Council to ratify the Vienna Agreement and act as a guarantor of its implementation." [8] The basis for such a guarantee is not the expansion of Security Council powers. Rather, it is in support of the Security Council's position and integrity to maintain the goals set out in Security Council Resolution 2231 (2015) and its first annex, the UN Security Council.
It is worth noting here that Security Council Resolution 2231 (2015) must also be read in the context of the provisions set out in the UN Security Council (which is the first annex to Security Council Resolution 2231). In fact, in a sense, the resolution is fundamentally inseparable from the UN Security Council. In Security Council Resolution 2231 (2015), the Council "endorses the BRICS, and urges its full implementation in accordance with the BRICS time schedule." These provisions in the UN Security Council are intended to provide a "comprehensive" solution to the action plan and a final solution to the fictitious crisis over Iran's peaceful nuclear energy program.
Therefore, it should be noted that in the second paragraph of the implementation of Security Council Resolution 2231 (2015), the Security Council calls on all member states, regional and international organizations to take appropriate measures to support the implementation of the UN Security Council, including Measures that are in line with the IAEA's executive program and the resolution, as well as refraining from actions that undermine the implementation of commitments under the IAEA Board, "clearly obliges governments to refrain from imposing sanctions on the IAEA Board."
Given the main features of Security Council Resolution 2231 above, three distinct features of this resolution regarding the determination of the subject and its purpose must be considered:
First, Security Council Resolution 2231 (2015) marks a "fundamental shift" in the Security Council's focus on this issue, and will help build confidence in the peaceful nature of Iran's nuclear energy program. Second, the solution presented in Security Council Resolution 2231 (2015) has been to promote and facilitate the development of normal economic and trade relations and cooperation with Iran. Third, with regard to paragraph 12 of the Security Council Resolution 2231 (2015), with the conclusion of the provisions of the previous resolutions and other measures envisaged in this resolution, States Parties shall be required to pay due attention to these changes.
Statements by US officials about their intention to act against Security Council Resolution 2231 (2015) are very worrying and may lead to uncontrollable circumstances. It is a well-established and well-documented fact that the United States' continued efforts to unilaterally bring about fundamental change in Security Council Resolution 2231 (2015) are not the first of its kind. The United States' broken plan in November 2019 was the latest clear example of the 2231 roster. Security Council Resolution 2231 (2015) was adopted to end sanctions and not to extend sanctions imposed by previous and expired resolutions. Security Council Resolution 2231 (2015) is explicitly designed and written so as not to be a sanctions resolution. Any action against Security Council Resolution 2231 (2015) and contrary to this framework will have serious consequences for the sustainability of the agreed terms.
The United States is not only in gross violation of Security Council Resolution 2231 (2015), but is also openly seeking to restore the resolution through illegal means of disrespecting the established principles of international law. A fundamental principle governing international relations that has been established is that a government that does not live up to its obligations cannot claim the protection of the rights arising from those relations. In this case, the United States has lost its right simply by withdrawing from the Security Council.
Therefore, I urge the international community, and in particular the Security Council and the Secretary-General, to take all appropriate measures to counter these malicious efforts by the United States Government, which severely undermines Security Council Resolution 2231 (2015). The United Nations must take responsibility for the recent provocative actions of the United States.
As stated in the letter of the President of the Islamic Republic of Iran to his 1 + 4 counterparts on May 8, 2019, any new sanctions or restrictions imposed by the Security Council are contrary to the fundamental obligations given to the Iranian people. In such a scenario, Iran's options, as previously announced to the remaining members of the UN Security Council, will be decisive, and all responsibility will lie with the United States and any entity that has either helped the United States or implied its illegal behavior. Be silent.
As I told the UN Security Council almost 14 years ago, "The people and government of the Islamic Republic of Iran are not seeking confrontation and have always shown their readiness to participate in serious and fruitful negotiations based on mutual respect and equality." They have also repeatedly shown their resistance to pressure, threats, injustice and coercion. ”[9] My nation has already shown its goodwill and full responsibility. Now it is the turn of the international community to do its part. Accordingly, I urge the United Nations to hold the United States accountable for its unilateral and irresponsible conduct, which severely challenges the credibility of the United Nations Security Council and the integrity of the United Nations Charter.
Please be sure to publish this letter as a document of the General Assembly and the Security Council.
Your Excellency, accept my respects.
Mohammad Javad Zarif
Department of State
NOURNEWS