26 Oct, 2020
JERUSALEM WEATHER

The United States has requested that the United Nations enact snapback sanctions on Iran, announced U.S. Secretary of State Mike Pompeo on Thursday.

“As a result, the United States is left with no choice but to notify the council that Iran is in significant non-performance of its JCPOA commitments,” Pompeo wrote, referring to the Iran nuclear deal, or Joint Comprehensive Plan of Action (JCPOA).

The snapback mechanism is included under the 2015 Iran nuclear deal, which the United States withdrew from in May 2018, reimposing sanctions lifted under it and enacting new penalties against the regime.

Enacting snapback sanctions would include extending the arms embargo indefinitely, following the Aug. 14 rejection by the U.N. Security Council of the U.S.-led resolution to extend the arms embargo on Iran.

In accordance with the 2015 agreement, the United States had to inform the Security Council 30 days earlier if it intends to enact snapback. The Trump administration did so with a letter to the 15-member council that Tehran isn’t in compliance with the nuclear accord.

A U.N. Security Council resolution could keep the deal—and thus U.N. sanctions relief for Iran—in place. However, it could be vetoed by a permanent member such as the United States.

Jewish and Israel-related groups immediately reacted to U.S. Secretary of State Mike Pompeo’s announcement on Thursday that the United States has requested the United Nations enact its snapback sanctions on Iran.

The snapback mechanism is included under the 2015 Iran nuclear deal, which the United States withdrew from in May 2018, reimposing sanctions lifted under it and enacting new penalties against the regime.

Enacting snapback sanctions would include extending the arms embargo indefinitely on the regime, following the Aug. 14 rejection by the U.N. Security Council of the U.S.-led resolution to extend the arms embargo on Iran.

In accordance with the 2015 agreement, the United States had to inform the Security Council a month earlier if it intends to enact snapback.

“Our message is very, very simple: The United States will never allow the world’s largest state sponsor of terrorism to freely buy and sell planes, tanks, missiles and other kinds of conventional weapons,” Pompeo told reporters at the United Nations.

“I’m pleased to say, too, that these restored sanctions will also reimpose accountability for other forms of Iranian malign activity that the authors of the nuclear deal foolishly downplayed,” added Pompeo. “Iran will be again prohibited from ballistic missile testing. Iran will be back under sanctions for ongoing nuclear activities, such as the enrichment of nuclear material, that could be applied to a nuclear weapons program.”

Senior Israeli officials applauded the United States for activating snapback.

“I commend the United States for its decision to trigger snapback sanctions against Iran,” said Prime Minister Benjamin Netanyahu in a statement. “This is the right decision.”

Israel’s Ambassador to the United Nations Gilad Erdan said “reimposing the U.N. sanctions on Iran is a critical step to curbing Iranian aggression, which threatens the entire world. The Security Council should not allow the world’s largest terror regime to obtain and trade lethal weapons and ballistic missiles freely. Nor should it pave the way for Iran to fulfill its nuclear ambitions.”

He said that “now is the time for the international community to act decisively and impose crippling sanctions on Iran—not to reward its malicious aspirations.”

Organizations, including the American Israel Public Affairs Committee, applauded the move, while J Street expressed objections.

“The U.N. Security Council’s refusal to extend the arms embargo on the world’s leading state sponsor of terror leaves the United States with no choice to retain the embargo other than to ‘snapback’ U.N. sanctions on Iran,” said AIPAC in a statement.

“We support this action, which comes in the wake of repeated Iranian violations of its commitments under the Nuclear Non-Proliferation Treaty (NPT) as well as the Joint Comprehensive Plan of Action (JCPOA), including Iran’s denying International Atomic Energy Agency (IAEA) inspectors’ access to suspicious sites,” said AIPAC. “Our objectives must remain to ensure that Iran can never obtain a nuclear weapon, to prevent the regime from further destabilizing the Middle East, and to support regional allies confronting Iranian aggression.”

“We commend the U.S. government for its steps to trigger the snapback of United Nations sanctions on Iran over its impermissible & escalated nuclear activity. @UN must swiftly implement this snapback to deter conduct that poses an unparalleled threat to global peace & security,” tweeted B’nai B’rith International.

The Republican Jewish Coalition said in a statement, “The U.N. has confirmed that Iran is violating every provision of the JCPOA. While the Obama-Biden deal with Iran was always a calamity that gave Iran everything it wanted, secured none of the protections we needed, and made the world less safe, this provision will help to fight back against Iran’s malign activities.”

In a statement, United Against Nuclear Iran said “U.S. leadership is forcing the U.N. to fulfill its duty of maintaining international peace and security. By triggering the snapback provision, the interests of the U.S. and its allies will be greatly enhanced.”

However, in a statement, J Street called the U.S. move as “reckless” and warned that this “would not only significantly escalate the current crisis and further isolate the United States, but make it even more difficult for a new American administration to restore the JCPOA and the prospects for further diplomacy.”

The group added that “it’s incredibly damning that the Trump administration continues to act in this belligerent, hypocritical and ultimately ineffective fashion on the world stage.”

‘It’ll be a test for the Europeans’

Ilan Berman, senior vice president of the American Foreign Policy Council, told JNS that the Trump administration’s decision to activate snapback “shouldn’t come as a surprise.”

“The White House had previously attempted a more measured, incremental approach, lobbying for the extension of the U.N. embargo on arms sales to Iran,” he said. “But the failure of that effort has forced the U.S. to take more significant steps in order to ensure that international restrictions on Iran don’t loosen further, making it an even greater threat to international security.”

Richard Goldberg, the former director for countering Iran’s weapons of mass destruction at the White House National Security Council, told JNS that enacting snapback “reflects the overwhelming bipartisan American commitment to extending the international arms embargo on Iran so that the world’s leading state sponsor of terrorism cannot import advanced weapons from China and Russia.”

“Anyone who is against snapback is for Chinese and Russian arms sales to Iran to threaten America, Israel and other U.S. allies,” said Goldberg, now a senior advisor at the Foundation for Defense of Democracies.

“If the U.S. withdrawal from the JCPOA in May 2018 was the administration tossing out the dangerously flawed nuclear agreement, then today’s move at the U.N. effectively shreds what was left so that it cannot be put together again,” Matthew Brodsky, a senior fellow at Gold Institute for International Strategy, told JNS. “The original sin of the nuclear deal was Obama’s acquiescence in Iran having a so-called right to enrich uranium on its own soil.”

John Sitilides, a geopolitical strategist at Trilogy Advisors LLC, told JNS that snapback “is a logical extension of current White House policy to exert maximum pressure on Iran for continued non-compliance and outright violations of the nuclear agreement, such as denying international inspectors access to suspected undeclared nuclear sites and hiding undeclared nuclear material.”

The president has “always criticized the agreement for excluding Iran’s continued sponsorship of regional and international terrorism and its ongoing regional destabilizing actions,” he said.

On the other hand, Barbara Slavin, who leads the Atlantic Council’s Future Iran Initiative, told JNS that enacting snapback was “a sad day for the United States and the United Nations,” claiming that since the United States has withdrawn from the 2015 nuclear accord, it had “no right to invoke snapback.”

But Danielle Pletka, a senior fellow in foreign and defense policy studies at the American Enterprise Institute, told JNS that “the administration’s actions are well-founded legally and substantively. It’ll be a test for the Europeans to see whether they place politics over international law.”

While countries such as Russia have said that the United States has no right to enact snapback since it withdrew from the deal, the United States has argued that under U.N. Security Council Resolution 2231, which endorsed the 2015 deal and lifted six Security Council resolutions sanctioning Iran, Washington has the right to enact snapback.

Slavin acknowledged that “it is likely that the U.N. Security Council will also fail to validate it, using a variety of procedural mechanisms.” 

A resolution could keep the deal—and thus U.N. sanctions relief for Iran—in place. However, it could be vetoed by a permanent member such as the United States.

“If the Trump administration truly cared about improving upon the JCPOA, it would not have quit the deal while Iran was in compliance but would have sought follow-on talks with Iran and the other parties,” said Slavin. “My hope is that the Iranians will wait until Nov. 3 before deciding on any further retaliatory steps,” a reference to the U.S. presidential election.

The Democratic presidential nominee, former U.S. Vice President Joe Biden, has said that the United States would return to the 2015 nuclear deal if and when Iran returns to compliance.