Illegality of the US position dealing with Iran

Pursuant to Iran’s letters contained in documents S/2017/739, S/2017/862, A/72/869-S/2018/453, A/73/490-S/2018/988, S/2018/1057, A/73/691-S/2018/1155, S/2018/1164, S/2019/185, A/73/885-S/2019/429, A/73/976, S/2019/667, S/2019/752, A/74/575-S/2019/928, S/2019/959, A/74/747-S/2020/201, A/74/850-S/2020/380, A/74/860-S/2020/413, A/74/891-S/2020/535, S/2020/583 and S/2020/814 regarding continuous violations of Security Council resolution 2231 (2015) and the Joint Comprehensive Plan of Action (JCPOA) by the United States of America, I would like to draw your attention to the most recent cases of non-performance by that country of its relevant international obligations.

In a letter dated 21 September 2020 addressed to the President of the Security Council (S/2020/927), the United States of America has erroneously claimed that the provisions of previous Security Council resolutions against Iran that were terminated pursuant to paragraph 7 (a) of resolution 2231 (2015) have been reinstated, and that there exist prohibitions and obligations that Member States and the Secretariat must observe. Moreover, Member States are warned not to be involved in projects and activities provided by Security Council resolution 2231 (2015). As I explained in my earlier letters, the United States had previously sanctioned and unilaterally punished involvement in those rightful activities.

Given the illegal nature of the claim by the United States as an international wrongful act – and its rejection as null and void by 13 members and three consecutive Presidents of the Security Council, all Member States, regional and international organizations and all organs of the United Nations, including the Secretariat, are obligated, in accordance with the Charter of the United Nations and resolution 2231 (2015), to refrain from any action or omission that might be interpreted, implicitly or explicitly, as recognition of the illegal claim of the United States.

The Islamic Republic of Iran recalls that the Security Council, in its resolution 2231 (2015), “underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Security Council’s decisions”, calls upon them to “support the implementation of the JCPOA” and “refrain from actions that undermine implementation of commitments under the JCPOA”. It further calls upon international organizations to do likewise. Therefore, Member States and the Secretariat of the United Nations have clear legal obligations under the Charter and resolution 2231 (2015) to refrain from giving any effect to the grave violation of resolution 2231 (2015) by the United States and its declared policy of destroying the Joint Comprehensive Plan of Action, which has been endorsed by the Security Council and annexed to the resolution.

The United States’ attempts to enforce the unlawful measures stated in its above-mentioned letter, including with regard to Iranian peaceful nuclear activities, Iranian properties or Iranian vessels, will not only undermine the Security Council’s authority, but also endanger international peace and security. In this context, the Islamic Republic of Iran will not hesitate to safeguard its supreme national interests consistent with international law, and the United States shall bear the full responsibility for consequences of its unlawful acts.

In another unlawful act on 21 September 2020, the President of the United States issued an executive order imposing sanctions against Iran in violation of the provisions of resolution 2231 (2015) and its annex B in the following terms:

– The Executive Order manifestly violates paragraphs 5 and 6 (b) of annex B by clamping down on any possible case-by-case approval by the Security Council of the supply, sale or transfer of relevant items, materials, equipment, goods and technology to and from Iran and by disregarding the temporal nature of those provisions which will be terminated in accordance with the timelines specified in resolution 2231 (2015).

– The Executive Order introduces blanket sanctions with extraterritorial effects. The extraterritorial nature of those unlawful sanctions further undermines the object and purposes of the said resolution. The United States not only systematically violates resolution 2231 (2015), but also coerces other countries to stop implementing their relevant international obligations.

– The action by the United States undermines the timetable established in the JCPOA. It is worth recalling that the Security Council “endorses the JCPOA, and urges its full implementation on the timetable established in the JCPOA”.

– The act by the United States defies Security Council resolution 2231 (2015) as it emphasized “that the Joint Comprehensive Plan of Action is conducive to promoting and facilitating the development of normal economic and trade contacts and cooperation with Iran”.

In a synchronized unilateral move, the United States also extended its unlawful sanctions to several entities and individuals including those involved in the Iranian peaceful nuclear projects provided in Security Council resolution 2231 (2015). The unimpeded implementation of those activities has been underlined and endorsed in resolution 2231 (2015) and the Security Council, acting under Article 41 of the Charter, has acknowledged Iran’s inalienable right to nuclear energy. Those unilateral acts of the United States are intended to prevent the implementation of commitments and obligations of Member States under resolution 2231 (2015) and the Joint Comprehensive Plan of Action.

The Joint Comprehensive Plan of Action is under serious threat as a result of illegitimate actions by the United States. The United Nations should hold the Government of the United States accountable for its irresponsible conducts which detrimentally challenge the credibility of the Security Council and undermine the integrity of the Charter of the United Nations. The Secretary-General is expected to report thoroughly on those wrongful acts, including in its upcoming report on the implementation of resolution 2231 (2015), and the Security Council is urged to address all violations of the resolution by the United States in a timely manner.

It would be appreciated if the present letter could be circulated as a document of the Security Council.