background: The JCPOA and “Snapback” Mechanism

The ​Joint Comprehensive Plan of Action (JCPOA), commonly known as the Iran nuclear deal, was an agreement reached in 2015 between Iran and the P5+1 (China, France, Germany, Russia, the United Kingdom, and⁤ the United States) plus the European Union. It aimed⁣ to limit Iran’s nuclear program in exchange for the⁢ lifting of‌ economic‍ sanctions.

In 2018, the United states under President Donald ‌Trump unilaterally withdrew from the JCPOA and reimposed sanctions. The JCPOA includes a “snapback” mechanism – outlined⁤ in UN ⁤Security Council Resolution 2231 – allowing sanctions to be reinstated if Iran violates the terms of the agreement.Though,the mechanism’s activation is contested,particularly ⁤after the US withdrawal.

Iran’s Formal Objection

On September 28,⁣ 2023, Iran’s ambassador‍ and permanent representative to the ‍United Nations, Amir Saeid Iravani, sent⁣ a formal letter to UN Secretary-General António Guterres ‍ and the president of the UN Security⁢ Council. The letter strongly objects to the UN Secretariat’s notification that previously⁢ terminated sanctions had been “restored,” deeming the action “entirely unfounded,unlawful,and invalid.”

Iravani argued that Resolution 2231‍ does not grant the Secretary-general or the Secretariat any⁤ authority to “determine, declare, or notify” member states about the reapplication of terminated resolutions. He⁢ emphasized that the resolution explicitly places the responsibility for such decisions within the purview of the Security Council itself, specifically ​under ⁣operative paragraphs 11 and 12.

The ambassador further asserted that the Secretariat’s unilateral move ⁢exceeds its authority and encroaches upon the Security ‍Council’s domain. he recalled a ⁣similar attempt by the US in October 2020 to trigger the “snapback” mechanism, which​ was blocked due to notable divisions within the Security Council regarding its legitimacy.

The E3’s “Snapback” ⁢invocation

Last month, the E3 – France, Germany, and the United⁣ Kingdom – invoked the snapback⁤ mechanism, initiating a​ 30-day process intended to restore all anti-Iran sanctions. This action was taken despite Iran’s continued adherence to the JCPOA terms,⁢ as verified by the international Atomic Energy Agency (IAEA). ⁢ The IAEA has consistently reported on⁣ Iran’s nuclear activities.

Iran ‍has consistently rejected the move as illegitimate, citing the US’ unilateral withdrawal