President Obama’s re-election last month raised hopes that the US government would at last be in a position, politically, to work with Iran towards a negotiated settlement centred on confidence-building and the provisions of the Nuclear Non-Proliferation Treaty (NPT). This was the basis of the understanding reached this April in Istanbul. It was therefore [...]]]>
President Obama’s re-election last month raised hopes that the US government would at last be in a position, politically, to work with Iran towards a negotiated settlement centred on confidence-building and the provisions of the Nuclear Non-Proliferation Treaty (NPT). This was the basis of the understanding reached this April in Istanbul. It was therefore a little puzzling that during the International Atomic Energy Association (IAEA) Board of Governors meeting on 29 November, the US representative was once more engaging in a diplomacy of threats and ultimata.
The issue under discussion was the absence of progress in relation to clarifying concerns about past, but also possibly ongoing, Iranian activities of a non-peaceful nuclear nature, often referred to as a “possible military dimension” (PMD). The US representative asserted that Iran could not be allowed indefinitely to ignore “its obligations” and implied that in the event of a continuing absence of progress when the Board meets in March, the US will argue for Iran to be found in non-compliance with those obligations.
This raises two questions. To what extent is Iran in non-compliance with its IAEA obligations in failing to cooperate to resolve these concerns? And, is Iran likely to become more cooperative as a result of this threat?
It is widely accepted that Iran’s safeguards agreement with the IAEA entitles the agency secretariat to verify not only that all nuclear material declared by Iran remains in peaceful use, but also that such declarations are correct and (most importantly) complete.
Notably, paragraph 73 of the standard NPT safeguards agreement (to which Iran is subject) states that the IAEA may request a special inspection if it deems information made available by a state inadequate for the Agency to fulfil its official responsibilities.
So, insofar as Iran is failing to cooperate to resolve concerns which may reasonably imply the existence of undeclared nuclear material, there is a case for saying that Iran is in breach of its obligation to cooperate.
However, in this instance it’s questionable whether all the activities for which Iranian cooperation has been sought imply with adequate credibility the possibility of undeclared nuclear material. These activities were described in the annex to GOV/2011/65 of 8 November 2011 (the IAEA report used to build support for further sanctions at the turn of the year). A careful reading of that annex suggests that several of these activities, maybe even the majority of them, would not have involved nuclear material.
Of course it could be argued that PMD activities not involving nuclear material, such as missile warhead design work, can imply that at some future stage a state intends to acquire nuclear material which it does not intend to declare. That, however, seems a very tenuous basis on which to base an IAEA non-compliance finding. Moreover, it would also imply that all states that have engaged, even as a precautionary measure, in research into any aspect of the design or construction of nuclear devices should be found non-compliant.
So, my first conclusion is that if the US decides in March to accuse Iran of fresh non-compliance, it should take care to focus the accusation on activities that can reasonably be suspected of involving the use of nuclear material and are manifestly not the figment of some other state’s imagination.
However, to come to my second question, is proceeding in that way likely to be productive? The experience of the last seven years suggests not. Each time the West has resorted to punitive or coercive measures to influence Iranian behaviour, the results have been either unproductive or, worse, counterproductive. Iran was far more cooperative when, between October 2003 and April 2005, a less aggressive diplomacy was used to influence Iran’s leaders.
Furthermore, for some time there have been hints that Iran’s failure to cooperate in resolving PMD concerns is not its last word. On the contrary, cooperation can be expected in return for Western flexibility on sanctions and certain assurances in the context of an overall settlement based on the provisions of a treaty to which Iran insists it’s committed to, the NPT.
Moreover, if Iranian suspicion of Western good faith is one of the greatest obstacles to achieving an agreement, then the priority in the coming months should be to overcome that suspicion. This will not be achieved by seeking yet again to unite the IAEA Board in a humiliating condemnation of Iran, least of all if the legal grounds for that condemnation are not watertight. On the contrary, securing a further IAEA non-compliance finding would be a rum way to go about convincing Iran’s Supreme Leader that the US should no longer be seen as the Great Satan.
If, nonetheless, the US persists on the non-compliance course and succeeds, what then? Will Russia and China allow Iran to be penalized in the absence of evidence that it has decided to make nuclear weapons and therefore constitutes a genuine threat to international peace and security? If they do, will Iran pay any more heed to such a resolution than it has to the five previous Chapter VII resolutions of dubious legitimacy?
It’s certainly desirable that light be shed on suspected research into nuclear warhead construction and delivery, especially if it involved or involves undeclared nuclear material. But at last US voters have created political space for the West to revert to less aggressive, less confrontational tactics. At last the West can afford to experiment with a more exploratory, empathetic approach. It would be a pity to squander that opportunity.
]]>A new report from Iran’s hawkish Ministry of Intelligence and Security (MOIS) suggests the Iranians may be more open to achieving a peaceful resolution to the dispute over their controversial nuclear program than ever before. ”With Obama’s reelection Tuesday, there is guarded hope in Tehran and Washington that a solution agreeable to [...]]]>
A new report from Iran’s hawkish Ministry of Intelligence and Security (MOIS) suggests the Iranians may be more open to achieving a peaceful resolution to the dispute over their controversial nuclear program than ever before. ”With Obama’s reelection Tuesday, there is guarded hope in Tehran and Washington that a solution agreeable to all parties in the nuclear standoff might finally be possible”, writes Jason Rezaian in the Washington Post:
The findings in the report suggest that the ministry has a pragmatic understanding of the challenges the country faces, the cost it is paying for continuing uranium enrichment at current levels, the threat of Israeli aggression and, perhaps most important, a way out of the stalemate.
Although the statement refers to Israel as the “Zionist regime,” it is otherwise devoid of the ideological tone that characterizes most ministry reports and that has been the Iranian norm for decades. Instead, the arguments in the 1,200-word report reflect many of the views agreed on by international advocates of a negotiated solution, namely that the potential destruction caused by strikes on Iran’s nuclear facilities would set back the program by only a few years at most and that diplomacy is a preferred way forward.
But according to Ali Vaez, a senior analyst at the International Crisis Group, the Post may be reading too much into the report. ”While Iran’s MOIS report provides a sober analysis of the current standoff, it doesn’t imply a different approach from the strategy Iran has been pursuing during the past decade. All one needs to do is to read the conclusion,” he said.
The conclusion reveals that Iran’s leaders do not fear an attack on their nuclear program because of their belief in the supremacy of Iran’s attack deterrent and self-defense capabilities. It says that war can be avoided through diplomacy or “military preparedness”.
Meanwhile, the Obama administration is reportedly likely to engage the Iranian government in direct negotiations in what would be a last-ditch diplomatic effort to head off a military strike on its nuclear facilities in the coming months.
But as Iran scholar Farideh Farhi points out, the key to moving the diplomatic process forward and avoiding a military conflict is flexibility on both sides:
]]>Unless Khamenei and company are given a way out of the mess they have taken Iran into (with some help from the US and company), chances are that we are heading into a war in the same way we headed to war in Iraq. A recent Foreign Affairs article by Ralf Ekeus, the former executive chairman of the UN special Commission on Iraq, and Malfrid-Braut hegghammer, is a good primer on how this could happen.
The reality is that the current sanctions regime does not constitute a stable situation. First, the instability (and instability is different from regime change as we are sadly learning in Syria) it might beget is a constant force for policy re-evaluation on all sides (other members of the P5+1 included). Second, maintaining sanctions require vigilance while egging on the sanctioned regime to become more risk-taking in trying to get around them. This is a formula for war and it will happen if a real effort at compromise is not made. Inflexibility will beget inflexibility.
George Washington Political Science Professor Mark Lynch in Foreign Policy:
With military action in the background but not imminent, and sanctions taking a real political and economic toll inside of Iran, now seems to be the right time to begin a serious effort at real talks with Iran over [...]]]>
George Washington Political Science Professor Mark Lynch in Foreign Policy:
With military action in the background but not imminent, and sanctions taking a real political and economic toll inside of Iran, now seems to be the right time to begin a serious effort at real talks with Iran over its nuclear program — and to be prepared to take yes for an answer.
Roya Boroumand, the executive director of the Iranian human rights-focused Abdorrahman Boroumand Foundation, for the Huffington Post:
But there is still hope. Today, unlike the immediate post-revolutionary years, the Iranian leaders are concerned about their image abroad. They also respond to their critics and deny the routine violation of their obligations under the International Covenant on Civil and Political Rights. Since 1975, Iran is bound by the ICCPR, which set forth the rights and freedoms essential to an open, safe and pluralistic political system where citizens can be heard and determine their own destiny.
For too many years, the international community, including the United States, has dealt with Iran’s nuclear ambitions and its use of violence in foreign policy independently from the abysmal human rights situation inside the country. It is time for a long-term strategy that would seriously challenge the leadership by shifting the focus to their human rights record, the non-representative nature of Iran’s political system and on the rights of citizens to organize and express themselves.
Former senior State Department intelligence analyst, Greg Thielmann, in Arms Control Now:
Any successful solution to the Iran nuclear crisis will have to include Iran’s agreement to again abide by the terms of the Additional Protocol, if not to grant even wider access to IAEA inspectors. As former IAEA Deputy Director General Olli Heinonen stated in an October 31 email exchange with the author, “[the Additional Protocol] will be indispensable in understanding [Iran’s] enrichment and heavy water programs…”
Various Iranian officials have suggested a willingness to accept the Additional Protocol if Iran’s right to enrichment is made clear. Endorsement of the Additional Protocol by Iraq, one of Iran’s few friendly neighbors, should help to increase pressure on Iran to do likewise.
Iran scholar and Lobe Log contributor, Farideh Farhi:
Unless Khamenei and company are given a way out of the mess they have taken Iran into (with some help from the US and company), chances are that we are heading into a war in the same way we headed to war in Iraq. A recent Foreign Affairs article by Ralf Ekeus, the former executive chairman of the UN special Commission on Iraq, and Malfrid-Braut hegghammer, is a good primer on how this could happen.
The reality is that the current sanctions regime does not constitute a stable situation. First, the instability (and instability is different from regime change as we are sadly learning in Syria) it might beget is a constant force for policy re-evaluation on all sides (other members of the P5+1 included). Second, maintaining sanctions require vigilance while egging on the sanctioned regime to become more risk-taking in trying to get around them. This is a formula for war and it will happen if a real effort at compromise is not made. Inflexibility will beget inflexibility.
Former chief analyst of the CIA’s Counter-terrorism Center, Paul Pillar, in the National Interest:
On that all-preoccupying matter involving Iran’s nuclear program, the Iranians have given ample indication of flexibility on restricting their enrichment of uranium and on much else. But they would be foolish to make unilateral concessions with no prospect of getting anything in return on matters of importance to them.
When someone seems to be adhering to a position that ought not to be a vital interest to them, we should not make the mistake of interpreting this as a mark of obduracy and unreasonableness. More likely it means they are willing to bargain.
Also for the Huffington Post, Reza Marashi and Trita Parsi of the National Iranian American Council:
]]>Both Tehran and Washington have realized that their opening offers this past summer were non-starters. Iran wanted all sanctions lifted before it would begin limiting its enrichment program. American sought Iranian concessions upfront only to offer sanctions relief at the very end of the step-by-step process. Moreover, “going small” — that is, demanding less of Iran in order to justify the absence of sanctions relief — was politically unfeasibly.
This gave birth to the idea of ‘Going Big’ — circumventing the politically tricky sequencing and instead putting everything on the table. But somehow, ‘Going Big’ was mysteriously linked to an ultimatum. If the Iranians did not agree to our last (and first) big offer, there would be war.
This would be a serious mistake that would guarantee war. While going bigger may be necessary to reach an agreement, we can’t get a big offer right through a single attempt. If the Iranians presented a big offer to the P5+1 — “or else,” the world would rightly reject it and see it as an attempt to justify Iranian intransigence.
Similarly, Tehran — and the world — will view any US ultimatum as an attempt to create a path towards war. Diplomacy should help avoid war, not lay the groundwork for it.