1. The Implications of an Iran Sanctions Snapback
- Author:
- Richard Nephew
- Publication Date:
- 09-2020
- Content Type:
- Working Paper
- Institution:
- Center on Global Energy Policy (CGEP), Columbia University
- Abstract:
- For several months, it has seemed likely that the Trump administration would elect to pursue the reimposition, or snapback, of UN Security Council (UNSC) sanctions against Iran. For those less steeped in the terminology, the concept of sanctions “snapback” is one developed as part of the Joint Comprehensive Plan of Action (JCPOA). It refers to the ability of the United States and other partners to quickly reimpose the sanctions that were suspended as part of the quid pro quo that saw Iran accept significant restrictions and transparency requirements for its nuclear program. Conceptually, this was necessary because Iran had the ability to restart its nuclear program if the United States or others were seen as cheating on the deal. The United States and its partners needed some assurance that, if Iran were found to be cheating, they could react just as swiftly. On August 20, Secretary of State Mike Pompeo finally submitted the notification that, according to the US government, would trigger a 30-day timeline for the reimposition of these sanctions. In the US view there is now no stopping the return of the UNSC’s original Iran sanctions regime, though there may be some procedural wrangling over how and when the measures will be reimposed. It is not clear, however, whether this will be the case. A fair amount of analysis has gone into the fundamental question of whether the United States has the standing to trigger snapback, which is an issue I explored in 2019.[1] European, Russian, Chinese, Iranian, and other observers argue that the United States has no such standing, because, under the terms of the UN Security Council resolution that created the snapback mechanism (UNSCR 2231), it is no longer a “participant” of the JCPOA following its withdrawal in 2018. Even former National Security Advisor John Bolton—who was in large part responsible for the US withdrawal from the JCPOA—tends to agree with this reading.[2] The Trump administration obviously disagrees. It is an important question, and one that speaks to the underlying credibility and integrity of the US snapback decision as well as its results. But, ultimately, there is no way of finding a conclusive answer. International law being what it is, there are no authoritative arbiters available to determine whether the United States or its many critics are right. Snapback is happening and will have consequences, we now need to shift to considering what comes next. I see four main outcomes that are directly relevant to this decision and the future of US sanctions policy and negotiations.
- Topic:
- Arms Control and Proliferation, Nuclear Weapons, United Nations, Military Strategy, Sanctions, and JCPOA
- Political Geography:
- Iran, Middle East, North America, and United States of America