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Iran Should Never Trust a US Promise Again; nor should anybody else!

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David William Pear
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The US aided Pakistan's development of nuclear weapons; for one thing by repeatedly waving the Symington Amendment. The US has turned a blind eye to Israel's nuclear weapons, estimated at 200. Under Obama, the US committed $1.7 trillion to upgrade the US nuclear arsenal.

The US broke the promise made by President George H.W. Bush to Mikhail Gorbachev that NATO would not move "one inch eastward" after German reunification. NATO is now on Russia's doorstep, and both the US and Russia have their nuclear arsenal on a hair-trigger. The US refuses to adopt a no first-strike nuclear policy. Who would believe it anyway?

In 1957 it was the US that first nuclearized the Korean Peninsula, in violation of the 1953 Korean War armistice agreement (section 13d). It was the Clinton administration that violated the 1994 Agreed Framework, under which North Korea suspended it nuclear energy program. The US failed to deliver on the two promised nuclear reactors and fuel oil until the reactors were operational. After George Bush declared North Korea one of the "Axis of Evil", and invaded Iraq, North Korea withdrew from the Nuclear Non-Proliferation Treaty, and developed nuclear bombs.

[Read more: "North Korea Can Never Trust the U.S.A."]

Honest John Missile and 280mm Atomic Cannon

*

The Iran Nuclear Deal, officially the Joint Comprehensive Plan of Action (JCPOA), was a terrible deal for Iran. It all depended on the US's good faith in keeping its word. The US has a bad record when it comes to good faith. It has broken nearly every treaty and promise it has ever made.

The JCPOA was badly flawed against Iran from the very beginning, because of the "snap-back" provisions. There are good reasons to suspect that the US never intended to honor the JCPOA, in the first place. By agreeing to the lifting of economic and financial sanctions the US gave the Iranian people the hope of economic recovery. "Snapping back" the sanctions was a severe blow to the Iranian people's expectations. It is psychological warfare 101.

Under the snap-back provisions the US had all the power to re-impose the old UN economic and financial sanctions on Iran. It was just a matter of procedure, which I will explain below, which would take 60 to 80 days. There were no penalties that would be imposed on the US if it violated the agreement. Who could enforce them anyway?

The JCPOA was an unsigned document. It was just a political agreement, and not binding under international law. Any party could withdraw for any reason, and at any time. Under US domestic law the president had the authority to withdraw from the JCPOA without Congressional approval.

However, the JCPOA was approve by the United Nations Security Council in Resolution 2231 (2015). Under the UN Charter, resolutions of the Security Council are binding on all member of the UN. The UN resolution gave Iran some confidence that the US would honor the agreement.

Whether or not Resolution 2231 (2015) is legally binding though, depends on the interpretation of "calls upon". The resolution language "calls upon" all UN member states to abide by the JCPOA. It is now argued by the US that "calls upon" is just a recommendation, and not a binding decision of the UNSC. Regardless, the US ignores the UN and international law at its pleasure.

By Trump withdrawing from the JCPOA, the US gave up its ability to spring the snap-back provisions. That is not a practical problem, because any remaining members of the JCPOA can initiate the process. All a member has to do is lodge a complaint against Iran. The complaint does not even have to be reasonable. According to paragraph 37 of the JCPOA, "Dispute Resolution Mechanism", a 60 to 80 days clock starts ticking to resolve a complaint.

Once the 60 to 80 days passes without a voluntary resolution of the complaint, then the matter goes to the UNSC. The US can then use its veto power in the UNSC to prevent a resolution of the dispute. Under paragraph 37, the UN Security Council would then automatically re-impose all of the old UN Security Council economic and financial sanctions. No vote needed.

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David is a columnist writing on foreign affairs, economic, and political and social issues. He is an honorary Associate Editor of The Greanville Post, and a former Senior Editor of OpEdNews.com. His articles have been published by OpEdNews, The (more...)
 

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