By Amb. G. Hossein Dehghani

JCPOA implementation amid a tug of war between rhetoric and facts

January 20, 2021 - 11:54

A few days before the fifth anniversary of Implementation Day of the JCPOA on 16 January 2021, U.S. House handed Trump a second impeachment. What is important in this regard is the fact that Trump was basically indicted by the U.S. legislature for violating the rule of law. The Article of Impeachment clearly states that the president is impeached for high crimes and misdemeanors and the president stands accused of violating the Constitution of the United States. According to the Article of Impeachment he remains a threat to national security, democracy and the constitution. The truth is, Trump has been a threat not only to U.S. national security, but an abominable menace against international peace and security all along; what Iran has clearly understood and signaled to the world since the early days of this outgoing -or the soon-to-be-removed- Trump administration, the international community only secretly admitted and quietly wished for change.

Although the establishment in the United States put a stop to Trump, his unbridled bullying on the international scene persisted for the full duration of his term with little or no practical opposition at all. By his sheer disregard for all established principles and institutions Trump threw the anarchical nature of international relations in stark relief and all the U.S. traditional allies in Europe under the bus as well! Though Trump is now history in the U.S., some worrying signs in the past weeks suggest proper lessons have not been learned by some Europeans and Trumpism towards Iran might persist for quite a while.

Post-Trump JCPOA

The post-election developments in the U.S. were the source of considerable consternation among the European leaders; therefore, the impeachment was saluted in Europe as they could finally breathe a sigh of relief. Although the impeachment and power transition occur nationally in the U.S., it has nonetheless huge global ramifications. Jo Biden promised in Munich Security Conference of 2019 that they would be back! They are back now. The U.S. president-elect put out words that he would return to the nuclear deal with Iran provided that Iran returns to compliance. In this regard there are a few elements that require prompt attention.

First and foremost, Iran was the victim in the past two years; the victim of an unrestrained bully who made no secret of his disdain for the longest established principles of international conduct, chief among which pacta sunt servanda. Thus, any attempt to twist the facts and portray Iran as the actor who undermines the diplomatic process is grossly irresponsible and highly provocative. Second, unlike the Trump administration’s whimsical and unpredictable conduct, all the reversible steps undertaken by the Iranian side have been communicated in a transparent manner to all parties. Third, for every step there has been the element of predictability and nothing came as a surprise so as to ensure good faith throughout the process. Fourth, the reversible steps taken by Iran in the past year, much to the dismay of Europeans, were the inevitable result of Europeans’ inaction and non-performance of commitments which deprived Iran of billions of dollars and prevented the normalization of trade and economic relations specifically during the last year when the Covid-19 outbreak inflicted a huge human cost on Iran. Last but not least, the IAEA monitors every step of the way and has mounted one of the most rigorous monitoring and verification regimes in the Islamic Republic of Iran. This all means that the “concerns”, regardless of the scale of their intensity, as expressed by the European parties to the deal in their statements of 6 and 11 January, are only a reflection of the discursively constructed culture against Iran’s nuclear program.

With the IAEA in Iran enjoying full access under the Additional Protocol for now, and considering Iran’s status as an NPT member state, it is difficult to understand European’s “deep regrets” and their “repeated calls” to “reverse all action that are inconsistent with Iran’s JCPOA commitments”. It is also impossible not see the hypocrisy of it all; for instance, a regional ally of Europe, while sitting atop a vast nuclear arsenal, openly boasts their nuclear weapon capacities and asserts that they do not need to explain themselves on their nuclear warheads simply because they are not NPT member states. Moreover, there are other regional allies of Europe who are NPT member states, yet they have not even signed the Comprehensive Safeguards Agreement, let alone the Additional Protocol.

All through the past two years, Iran has pursued measured nuclear diplomacy and avoided any action that might hint at provocation or escalation in the nuclear field. The term reversible has been purposefully chosen by Iran in description of its reduced commitments and if Europeans want to see a reversal of actions, they know what Iran expects; it is nothing more than the EU/E3 commitments expressly spelled out in the JCPOA.

Recent postures by the EU and the E3 do not help mainly because they portray Iran as the main culprit of the current nuclear standoff whereas it is only defending its natural interests in a matter of high-security stakes. Such statements also ignore one very important fact,   or at least tone it down significantly and that is the destructive role that the U.S. withdrawal played in the post 8 May 2018 drama.

A tug of war between rhetoric and facts

One might ask why it has been the case that Iran’s nuclear program is conceived of as a proliferation threat! To find the answer, we should take stock of the security context of the early 2000’s when discursive constructs of threat significantly outweighed factual analyses and calculations of the Bush administration. Iraq is a vivid example of such disregard for facts where Bush’s blind insistence on the existence of weapons of mass destruction in Saddam’s arsenal, based on flawed cherry-picked intelligence despite all internationally verified evidence to the contrary, led to the U.S. invasion of Iraq the scourge of which is still fresh in the region.

It is a peculiar fact that Discourse shapes realities in foreign policy, and it has often been the case that discursive constructs play a far more effective role than substantial facts. The U.S. administration back in early 2000’s paid no heed neither to the IAEA expertise, not to words of warning by American senior politicians. At the time of Operation Iraqi Freedom, Bush’s claims were unconfirmed and to this day, not a trace of weapons of mass destruction has been found in Iraq. It was maybe for good reason that William Burns, recently tapped by President-elect Biden to lead the C.I.A. laments not “tak[ing] a hard stand against war altogether” and recounts the build-up to Iraq war and failure in mounting and effective opposition to it as his “biggest professional regret”.

In that light, it is safe to assert that Iran’s nuclear crisis was the direct product of such securitized foreign policy discourse which portrayed Iran’s nuclear program as a proliferation threat. Such frame of mind has poisoned everything related to Iran and its non-proliferation policies. From foreign policy circles to intelligence communities, from think thanks to centers of academic excellence, from press to media the rhetorical and constructed notion of “Iran as a proliferation threat” permeates debates and what seems to
be taken for granted is that whatever Iran does, even within the confines of the Comprehensive Safeguards Agreement and the Additional Protocol, is inevitably linked to weaponization efforts! This construct has become an open wound that the U.S. and others in the region find easy to poke anytime their powerful lobbies deem it necessary to further their regional agenda of aggression and war mongering.

A return to the facts

In my capacity as ambassador, and so far as Covid-related restrictive measures would allow, I have been trying hard to accentuate the factual element in Iran’s nuclear program to European diplomats. The IAEA is present in Iran and its inspectors have access under the Additional Protocol to the places they might deem worthy of inspection. All nuclear activities in Iran are declared to the Agency and unfold before the eyes of IAEA inspectors. Besides, in sharp contrast to what the U.S. did on 8 May 2018, in the past two years Iran has had a transparent, verifiable and predictable, and reversible course of action in its nuclear program. Let’s be clear, though, Iran agreed on a provisional basis to take confidence- building measures as stipulated under the JCPOA. You cannot build confidence forever, neither can such measures be taken for granted!

In the end, I would like to invite the European parties to the JCPOA to play a constructive role and acknowledge the fact that Iran was the victim of Trump administration’s policies in the past two and a half years. Secondly, I call upon the EU/E3 not to be part of this securitized discourse on Iran and not to tug at the rhetoric end of this discursive war and take the public opinion and its impact into serious consideration. Pursuing a policy of sanctions and coercion failed in the past and it is doomed to fail in the future as well. Finally, with the upcoming U.S. administration and the talks here or there in Washington about a prospective Biden administration return to the JCPOA it is important to build on this momentum rather than to create obstacles to the diplomatic process.

*This article was originally published in www.moderndiplomacy.eu/

*Hossein Dehghani is Iran's Ambassador to Belgium, Luxembourg, and the European Union.
 

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