European leaders warn US move to reimpose Iran sanctions is legally void
European leaders have warned the US that its claim to have the authority to reimpose sweeping UN-mandated sanctions on Iran has no effect in law, setting up a major legal clash that could lead to Washington imposing sanctions on its European allies.
In a joint statement on Sunday, France, Germany and the UK (E3) said any attempt by the US to impose its own sanctions on countries not complying with the reimposed UN ones was also legally void.
On Saturday, the US moved to reinstate a range of UN sanctions against Iran, saying it had the authority to do so as an original signatory of the joint comprehensive plan of action (JCPOA), the 2015 nuclear deal between Iran and other major powers.
The other signatories claim the US left the JCPOA in 2018 and therefore no longer has a unilateral legal right to either declare Iran in breach of the agreement or to reimpose sanctions in the name of the UN.
The dispute leaves the US at loggerheads with much of the world on whether UN sanctions have been reimposed.
The disagreement is not just a legal wrangle since the Trump administration claims the US now has the authority to act against any country breaching the reimposed sanctions.
The US also claims the scheduled lifting of the UN embargo on arms sales to Iran in October is null and void.
There is also a risk that the US will claim it has a new mandate to interdict Iranian shipping, a move that could lead to a naval clash in the Gulf.
In a joint statement, the E3 said: “The United States of America ceased to be a participant in the JCPOA following their withdrawal from the agreement on 8 May, 2018. Consequently, the notification received from the United States and transmitted to the member states of the [UN] security council, has no legal effect. It follows that any decision or action which would be taken on the basis of this procedure or its outcome have no legal effect.
“Our goal remains to preserve the authority and integrity of the United Nations security council. The E3s remain committed to fully implementing security council resolution 2231, which endorsed the JCPOA in 2015. We have worked tirelessly to preserve the nuclear deal and we remain committed to continuing to do so.”
Josep Borrell, the EU foreign affairs chief, said the JCPOA was “a key pillar of the architecture of the world system of non-proliferation of nuclear weapons, and by comprehensively addressing Iran’s nuclear programme, it contributes to regional and global security”.
The UN secretary general, António Guterres, said the legal uncertainty surrounding the US claim meant it was not possible to declare that UN sanctions had been reimposed.
The E3 have already sent a letter to the security council challenging the US right to reimpose sanctions unilaterally in the name of the UN.
Washington’s threats have led to a predictably fierce response from Iran, as well as claims by the the Iranian foreign minister, Javad Zarif, that the US is diplomatically isolated from the rest of the security council. The head of the Revolutionary Guards warned the US that Iran was capable of setting fire to all US bases in the Gulf “at once”, according to an interview on state TV.
Maj Gen Hossein Salamisaid the US army was “exhausted” and did not have the power to start a ground war with Iran. “Even if the snapback [in sanctions] is performed, it will fire blank shots,” Salami said late on Saturday. “We will go ahead and take our actions if our rights are not fulfilled within the nuclear deal. We’re not afraid of bluffs, threats and intimidations.”
In practice Iran has acted relatively cautiously and may want to avoid a military clash with Washington before the US presidential elections.
Earlier on Saturday the US secretary of state, Mike Pompeo, said the US had reimposed UN sanctions and expected “all UN member states to fully comply with their obligations to implement these measures”.
Pompeo said he would shortly announce additional measures to strengthen implementation of UN sanctions and hold violators accountable. The UK foreign secretary, Dominic Raab, met with the Pompeo in Washington last week to gauge the kind of actions the US was likely to take to enforce its interpretations of the law.
Iran claims it is not in breach of the JCPOA since it has continued to give the UN weapons inspectors access to its sites even though it acknowledges its stockpile of enriched uranium are above the levels set out in the agreement.