By The Hill•
U.S. air strikes successfully destroyed facilities used by Iran-backed militia in eastern Syria last Thursday. But the operation also exposed the contradictions in the Biden administration’s approach to Iran. Returning to the JCPOA (Joint Comprehensive Plan of Action) has been central to the Biden foreign policy vision, contingent only on Iran’s meeting its obligations. Addressing the several flaws in the agreement, such as the exclusion of Iran’s regional destabilization efforts, is supposed to be postponed to some future second stage of wider talks. Yet the U.S. and its allies face continuous assaults from Iran’s proxies. The need for the recent attacks therefore demonstrates how the problem of the militia should be addressed up front as part of any return to the deal. The JCPOA needs to be fixed and rewritten, not just revived.
Despite Biden signaling his intent to reconcile with Iran, Tehran has accelerated the development of its nuclear program. In December, the Iranian Parliament voted to approve enriching uranium to 20 percent, speeding ahead toward weapons-grade material. On Feb. 7, Iranian Foreign Minister Javad Zarif remained intransigent, underscoring that negotiations cannot expand to include any topics beyond the original agreement, i.e. the militia and Iran’s ballistic missiles program. More recently, Supreme Leader Ayatollah Ali Khamenei even threatened enrichment to 60 percent. And Iran continues to reject offers to engage in negotiations. The Biden effort to open the negotiating door is clearly not eliciting good will.
Meanwhile, Iran’s proxies have continued attacking U.S. assets and allies. In Yemen, Houthi fighters have been waging an all-out offensive in Marib Province. In the past weeks, in Iraq, a truck convoy with supplies for the U.S.-led coalition faced missile attacks near Basra, rockets hit the airport in Erbil, with at least one death and several wounded, and militia similarly attacked Balad airbase north of Baghdad. In Lebanon, prominent Hezbollah-critic Luqman Salim was assassinated, his body dumped by the side of the road. No one should doubt that this activity is coordinated out of Tehran; none of it points toward any interest in conciliation.
The U.S. airstrike was a legitimate response to the wave of militia attacks in Iraq. Yet the military operation, pushing back mildly against Iran’s assets, stands at odds with a series of diplomatic steps that the administration has taken, involving repeated one-sided concessions to Tehran. Since coming into office, the administration has been winding down its predecessor’s “maximum pressure campaign” step by step. It has lifted travel restrictions on Iranian diplomats in the U.S. It has retracted the Trump administration’s effort to initiate the snap-back provision of the JCPOA, thereby refusing to object to Iran’s weapons imports, while announcing limitations on weapons sales to Iran’s antagonist, Saudi Arabia. It has taken the Houthis off the list of terrorist organizations.
Yet the biggest gift to Tehran has been opening the window to allow South Korea to unfreeze up to $7 billion in Iranian assets. These funds amount to a quid pro quo to induce the Iranians to release a South Korean vessel they seized in the Gulf. This can only be viewed as paying ransom for piracy. More importantly, the funds transfer will undermine the effect of the sanctions by replenishing Iran’s dwindling foreign currency reserves. During the Trump administration, our European allies tried to circumvent the sanctions in order to reduce the pressure on Iran. Now the Biden administration is itself undercutting the sanctions before formally lifting them. It is an odd negotiation strategy to give up one’s leverage even before getting to the table.
The U.S. air strikes show that the administration recognizes the threat posed by Iran’s proxies: All the more reason to include the question of Iran’s regional destabilization strategy in reopened negotiations. However, the militia are not the only problem that needs to be addressed. The original agreement also unwisely excluded Iran’s missiles program, which poses a threat across the Middle East and even into Europe. Nor has much mention been made of human rights, despite the Biden administration’s claim to view them as central to American foreign policy. A future agreement should include a commitment that Iran fulfill its obligations under the International Covenant on Civil and Political Rights, of which it is a signatory. Human rights organizations repeatedly point out how Iran engages in rights violations. The U.S. should insist that this stop before it lifts sanctions and agrees to any new treaty.
Yet the problems with the JCPOA are not only a matter of what it omits. Its egregious sin of commission is the sunset process that clears the way for Iran to pursue a legitimate path to nuclear weapons by the end of the decade. Some of the sunset clauses will become operative even before the end of the Biden administration. This fatal flaw needs to be fixed.
The administration deserves credit for responding to the militia attacks. Yet that show of force does not make up for the policy of premature concessions, winding down maximum pressure even as Iran rushes toward enrichment and directs its proxies toward aggression. Instead, the administration should make use of the leverage it has to push for an improved agreement that addresses wider regional security concerns, Iran’s human rights record as well as an effective end to Iran’s nuclear ambitions.
More than 30 Democrats serving in the United States have written President Joe Biden asking him to consider expanding the number of people involved in the decision to launch a nuclear strike, the New York Post reported Thursday.
“As president, two of your most critical and solemn duties are the security of the country and the safeguarding of its nuclear arsenal,” the letter reads, noting the president’s sole authority to order the use of nuclear weapons assures keeping them under civilian control.”
The request was not because of concerns over Mr. Biden’s health, advanced age, or because some commentators have expressed doubts about his mental fitness. Instead, the letter said, the issue was being raised at this time because “Past presidents have threatened to attack other countries with nuclear weapons” – which a footnote explains is a reference to tweets posted by former President Donald J. Trump directed at North Korean President Kim Jong Un – and because they have “exhibited behavior that caused other officials to express concern about the president’s judgment.”
The latter point, another footnote indicates, is a reference to an attempt by House Speaker Nancy Pelosi, D-Calif., to inject herself into the string of command over U.S. nuclear weapons after the November election by reaching out to the chairman of the U.S. Joint Chiefs of Staff.
Several legal scholars have suggested that by doing so, Mrs. Pelosi vastly exceeded her authority under the U.S. Constitution and could, under different circumstances, have found herself under investigation for doing so.
The Democrats writing to Mr. Biden proposed a variety of alternatives to the current procedures should Mr. Biden agree to surrender the authority currently vested solely in the president to order the use of nuclear weapons. These include:
“We respectfully request that you. As president, review ways in which you can end the sole authority you have to launch a nuclear attack and to install additional checks and balances into the system,” the letter concludes.
Republicans on the House Armed Services Committee slammed the effort, the Post reported. GOP Conference Chair Liz Cheney, R-Wy., Committee Ranking Member Mike Rogers, R-Ala., and Subcommittee Ranking Member Mike Turner, R-Ohio, released a statement calling the idea “dangerous.”
“The President of the United States must have the exclusive ability to command and control our nuclear deterrent. Democrats’ dangerous efforts suggesting a restructuring of our nuclear command and control process will undermine American security, as well as the security of our allies,” the three said.
“These proposals, if enacted, would leave Americans vulnerable, destabilize the nuclear balance, and shake our allies’ confidence in the nuclear umbrella. Vladimir Putin and Xi Jinping would cheer if the United States adopted such a unilateral restriction,” Cheney, Rodgers, and Turner continued.
The suggestions offered by Panetta and Lieu in their letter would, if adopted, be the most far-reaching effort to reduce the president’s constitutional authority as commander-in-chief of any effort since the War Powers Act was adopted in the aftermath of the Vietnam War.
The White House has not yet commented on the letter but that does not mean the proposal is by any means dead. In fact, say some Republicans, it sounds just like the kind of thing a President Joe Biden would love to take up, regardless of the way conceptually it could make the United States more vulnerable to an attack rather than make the world safer.
Albert Einstein is said to have thought that God does not play dice with the universe. Two nations, Russia and the United States, now possess about 90 percent of the world’s inventory of nuclear warheads and have the godlike power to destroy most of humanity and all it has built. Yet we are not gods but flawed human beings. In a very real sense, the presidents of Russia and the United States are stewards for all humanity: They have a duty to act responsibly in current arms-control negotiations. “Get on with it” must be humanity’s instruction to them.
In recent days, there has been a glimmer of hope. Russian President Vladimir Putin offered to extend the life of the nuclear accord known as New START by at least one year beyond its expiration date of Feb. 5, 2021. Russia also agreed to accept the U.S. proposal for a political commitment to “freeze” for one year the total number of nuclear warheads on each side, and to use the time gained to continue negotiations on a new agreement. The Trump administration is seeking to negotiate verification measures for the warhead freeze, which in our experience will be a complex endeavor and take considerable time.AD
The United States and Russia should seal the deal now to extend New START, because if the last remaining bilateral treaty governing U.S. and Russian strategic nuclear forces ends in February, the world’s most destructive nuclear arsenals will be unlimited and unverified for the first time since the end of the Cold War.
Despite the significant progress of reducing total nuclear stockpiles by 75 percent since their Cold War heights, the danger of nuclear weapon use is growing. Approximately 14,000 such weapons in the world are spread among nine countries. Many of these arms are on high alert, ready to be launched in only a few minutes, based on the decisions of a handful of fallible humans and their fallible computers. Cyber-interference with command-and-control and the warning systems of any nuclear-armed nation significantly increases the risks of false warnings and nuclear war-by-blunder.
New START must be extended without delay, but it is now threatened by a risky game of chicken being played by Presidents Trump and Putin. Skillful diplomacy between the United States and Russia could extend the life of the agreement by up to five years, as provided for in the treaty, and as Russia offered last year. This would allow precious time for negotiating deeper reductions in the world’s two biggest nuclear arsenals. The Trump administration, meanwhile, has insisted on the inclusion of China, whose military programs are growing rapidly, in future nuclear negotiations. The goal is laudable, but China must be persuaded to join, not bullied by diplomatic stunts and threats. Beijing has made clear that it first needs to see substantial reductions in the stockpiles of both the United States and Russia, which far exceed its own.AD
The United States, Russia, China and other nuclear powers need time to address the range of destabilizing factors that threaten to turn a conditional peace into an irreparable catastrophe. As a first significant step, China could be invited to join the United States and Russia in restating the Reagan-Gorbachev principle: “A nuclear war cannot be won and must never be fought.”
The Trump administration’s pursuit of a freeze on all U.S. and Russian nuclear warheads is also an important goal, but it will take time to develop an agreement with meaningful constraints and verification provisions. Russia has its own list of issues to be addressed in the next treaty. Extending New START would provide essential time for a careful, step-by-step approach to further stockpile reductions, with the ultimate goal of eliminating these weapons as a threat to the world.
With the foundation of New START in place, all of the two countries’ nuclear weapons — including those associated with short-range systems, the so-called tactical nuclear weapons, of which Russia has a larger number — should be subject to limits. But the United States and Russia will have to invest the time and effort necessary to establish new verification methods. Other long-standing issues will need to be discussed in parallel, including ballistic-missile defense; weapons in space; precision-guided, long-range conventional arms; and emerging technologies, including cyber.AD
Is there reason for hope? Can the world get onto a less dangerous path? We believe the answer is yes, but the United States and Russia must extend New START to preserve what is already working and to gain time for discussions about what can be done next.
Given the dangerously high risk that a nuclear weapon could be used today, and the catastrophic consequences if that happened, extension of New START is a crucial and responsible step.
Historically, efforts to prevent dead set regimes from acquiring nuclear weapons have been marked mostly by embarrassing diplomatic fiascos. The chronology of every state-sponsored nuclear program began with developing the necessary human resources to facilitate domestic plutonium production. In phase two, while diligently laboring on enriching uranium to the critical mass, all these states denied vehemently their intentions to become nuclear powers by emphasizing their governments inherently peaceful nature. In phase three they presented the rest of the world with a fait accompli, namely, the nuclear bomb.
Thus far, the Islamic Republic of Iran has followed the same well-trodden path. Most importantly, from its inception, the Mullahcracy has been, even within the Islamic Ummah, an international pariah. Isolated and therefore devoid of friends and allies, the two Ayatollahs, the late Ruhollah Mostafavi Musavi Khomeini and the current one Seyed Ali Hosseini Khamenei, have decided to acquire the ultimate weapon for self-preservation.
Therefore, the quest for a nuclear power Iran has started immediately after the fall of the Shah in early 1979. In 1987, the theocratic regime acquired technical schematics for building a P-1 centrifuge from the Pakistani Abdul Qadeer Khan network. The conversion of the Test Readiness Review that was done in 1987 by Argentina’s Applied Research Institute allowed the regime enrichment to less than 20%. In 2002, the National Council of Resistance on Iran, the political wing of the so-called Mujahideen-e Khalq (MeK), revealed that Iran already built two secret nuclear facilities at Natanz and Arak respectively. More ominously, thousands of documents seized by Israeli intelligence agents during a raid of a nondescript hanger in Shorabad district of Tehran in 2018, revealed that the regime never abandoned its clandestine quest for building a nuclear bomb. Among the documents released to the public, one that originated in 2002, contains a proposal for “warhead”, which were given the green light by the regime’s top nuclear official Moshen Fakhrizadeh. His hand-written remark in Farsi in the top left corner of the document reads in English translation: “In the name of God. Right now in a treatment process. Please archive the original script of the document. Fakhrizadeh.”
The International Atomic Energy Agency (IAEA) had its own doubts about Tehran peaceful intentions and sincerity. As a result, the Board of Governors adopted a resolution on September 12, 2003, calling on Tehran to suspend all enrichment as well as all reprocessing-related activities. Moreover, the same resolution called upon the Iranian regime to declare all material relevant to its uranium enrichment program. Finally, the Board demanded that the regime allow the IAEA inspectors to undertake unencumbered environmental sampling at any location. The deadline for compliance was set at October 31, 2003.
In its reply, the regime seemingly indicated its readiness to comply. On October 21, 2003, Tehran agreed to meet the IAEA demands by the designated date. However, on June 18, 2004, the IAEA complained of Iran’s non-compliance. Again, Tehran notified the IAEA on November 14, 2004, that it will suspend enrichment-related activities for the duration of talks with France, Germany, and the United Kingdom. In this manner, Tehran prevented the IAEA Board of Governors to notify the UN Security Council. On February 27, 2005, the Russian Federation and the Islamic Republic of Iran concluded an agreement to supply fuel for the nuclear reactor in Busher. A provision of this agreement mandated that Iran shall return the spent nuclear fuel to Russia. Next, Tehran announced on August 8, 2005, that it has commenced the production of uranium hexafluoride at its Isfahan facility. Following this announcement, the United States, France, and Germany froze negotiations with Tehran. Shortly thereafter, on September 24, 2005, the IAEA adopted a resolution declaring Tehran in noncompliance with the previous safeguard agreement. Most glaringly, this resolution stated that Iran’s nuclear activities combined with the absence of their peaceful nature are within the competence of the UN Security Council, opening the way for future referrals.
Sure enough, on February 4, 2006, the Board of Governors of the IAEA referred the Islamic Republic of Iran to the UN Security Council. Pursuant to the resolution, the Board of Governors deemed it “necessary for Iran” to immediately suspend its enrichment related activities, reconsider the construction of the Arak heavy-water reactor, ratify the additional protocol to its safeguards agreement, and fully cooperate with the IAEA’s investigations. As a result, Tehran informed the IAEA on February 6, 2006, that it will “voluntarily” implement the additional protocol and other non-legally binding inspection procedures. Nonetheless, on April 11th, Tehran announced that it successfully enriched uranium for the first time to 3.5%. The enriched uranium was produced at the Natanz pilot enrichment plant. On June 6th, the five permanent members of the UN Security Council and the Federal Republic of Germany (the P5+1) proposed a framework agreement to the Islamic Republic of Iran. Then, on July 31st, the UN Security Council passed Resolution 1696, elevating the IAEA’s demand for Tehran to suspend all enrichment-related and reprocessing activities legally binding for all member states. Tehran responded on August 22nd. On the one hand, it rejected the demand to suspend enrichment, but on the other hand, added that the resolution contained “elements which may be useful for a constructive approach.”
As a reply and for the first time, the UN Security Council adopted Resolution 1737 on December 23rd, imposing sanctions on the lslamic Republic of Iran for its refusal to suspend its enrichment-related activities.
According to the resolution, states were prohibited from transferring sensitive nuclear-and missile-related technology to Tehran. Moreover, the states were obligated to freeze the assets of ten Iranian organizations and twelve individuals for their involvement in Iran’s nuclear and missile programs.
In 2007, Tehran continued to defy the international community. Thus, the UN Security Council again unanimously adopted Resolution 1747, demanding that the Islamic Republic of Iran suspend uranium enrichment. Three rounds of talks followed. These talks brought forth on August 21st, a so-called “work plan.” This work plan mandated that Tehran must answer specific and long-standing questions about its nuclear activities, including activities suspected of being related to nuclear weapons developments. To make the point, the Bush administration made public on December 3rd, an unclassified version of the National Intelligence Estimate on Iran’s nuclear program. While stating “with high confidence” that Tehran stopped pursuing its nuclear weapons program approximately around the fall of 2003, it could not state with the same degree of confidence that Tehran had not resumed those activities as of mid-2007. More alarmingly, the National Intelligence Estimate concluded that the Islamic Republic of Iran was technically capable of producing sufficient quantities of weapon-grade
The year 2008 witnessed another UN Security Council Resolution. Resolution 1803, added new sanctions to the previous ones. Among its other provisions, it broadened the blacklist with seven new entities and thirteen more individuals. In conjunction with this resolution, the P5+1 states also proposed that Tehran shall freeze its enrichment activities in exchange for no more sanctions.
The year 2009 was a significant one for the international community. First, Tehran announced on February 2nd its successful launch of a satellite. On
September 25th, the Obama administration revealed the existence of a second secret uranium enrichment facility at Fordow, in the mountains near the holy city of Qom. On October 1st, the Obama administration agreed the supply 20% enriched uranium in exchange for Iran removing from the country the majority of its 3.5% enriched uranium. The so-called “fuel swap”, the stupid brainchild of the Obama administration, was never fully implemented by Iran.
The year 2010 saw the same old pattern. Tehran started to produce 20% enriched uranium on February 9th. On May 17th, diplomacy kicked in once more. A joint declaration by Brazil, Turkey, and the Islamic Republic of Iran tried to breathe fresh air into the old fuel swap proposal. The United States, France, and the Russian Federation rejected the proposal on the grounds that Tehran stockpiled more 3.5% enriched uranium than it is willing to give up and that Tehran systematically misled the IAEA, the UN Security Council, and everybody else concerning its additional enrichment activities. On June 9th, another UN Security Council resolution followed. Resolution 1929 significantly expanded sanctions against the theocratic regime. It also banned Tehran from nuclear-capable ballistic missile tests. Finally, the resolution imposed an arms embargo on the transfer of major weapons systems to Tehran. On June 24th, the U.S. Congress adopted the Comprehensive Iran Sanctions, Accountability, and Divestment Act, tightening U.S. sanctions against legal entities investing in Iran’s energy sector, and imposing new sanctions on legal entities that sold refined petroleum to Tehran. On July 26th, the European Union joined the United States by agreeing to impose its additional sanctions on Tehran. On September 16th, the Obama administration decided to act. The Stuxnet computer virus attacked the Natanz enrichment plant.
The year 2011 commenced on a negative note. The January 21st and 22nd meeting in Istanbul between the P5+1 group and the Islamic Republic of Iran ended without any real results, because the latter laid down two unacceptable conditions. First, Tehran demanded that the P5+1 group recognize its right to enrich uranium. Second, that sanctions must be lifted unconditionally. On May 8th, the Bushehr nuclear power plant started operations and, according to Russia’s Atomstroyexport, it successfully achieved a sustained chain reaction. On the same day, Tehran announced that it intends to triple the rate of 20% enriched uranium production, utilizing more advanced centrifuge designs. In addition, it declared that production will be shifted to the Fordow plant. On July 12, Catherine Ashton, the EU foreign policy chief sent a letter to the chief negotiator of the Islamic Republic of Iran, Saeed Jalili, proposing “meaningful discussions on concrete confidence building steps” to address the international community’s concerns about Iran’s nuclear “ambitions.” On November 8th, the IAEA published a report underlying the concerns of the organization about Tehran’s nefarious intentions. To wit, on the last day of the year, the U.S. Congress passed legislation to empower the federal government to sanction foreign banks doing business with the Central Bank of the Islamic Republic of Iran.
The year 2012 began with a sour note for Tehran. The European Union decided in early January to ban all member states from importing Iranian oil, beginning on July 1, 2012. Moreover, the decision also barred member countries from providing the legal protection and indemnity insurance for tankers carrying Iranian oil. The intervening months between March and August were spent on arduous negotiations between the P5+1 group and Tehran with barely any meaningful progress. In August, the IAEA highlighted the futility of diplomacy with Tehran. On the 30th of this month, it was reported that Tehran produced more 20% enriched uranium than was needed to fuel its research reactor. The IAEA upped the ante on November 16th, by stating that Tehran was busy installing more centrifuges at Natanz and Fordow.
The year 2013 was consumed by slowly progressing negotiations between the P5+1 group and the Islamic Republic of Iran at a variety of locations.
On January 9, and January 10, 2014, the member states of the P5+1 and the Islamic Republic of Iran met a third time in Geneva, Switzerland, to discuss the implementation of the Joint Plan of Action, agreed upon on December 30-31, 2013, in the same place. As a result, the parties agreed that the implementation will begin on January 20th. Simultaneously, the IAEA certified that Tehran in compliance with the provisions of the Joint Plan of Action. Accordingly, the United States and the European Union waived the specific sanctions listed in the November 24, 2013, deal and also released a schedule of payments for Tehran to receive the oil money that various states withhold.
Subsequent meeting mainly in Vienna, Austria, between February and July 2014, involved negotiations concerning a comprehensive nuclear agreement. The rest of the year was consumed with more negotiations. In January 2015, negotiations continued in Geneva. In February, additional negotiations took place in Vienna.
Ominously enough, Israeli Prime Minister Benjamin Netanyahu opined in his speech before a joint session of the U.S. Congress that any Iran deal “would all but guarantee that Iran gets (nuclear) weapons, lots of them.” In the same vein, Senator Tom Cotton of Kansas and forty five of his colleagues signed an open letter to the Parliament of the Islamic Republic of Iran. They warned, as it turned out prophetically, their counterparts that any agreement reached without Congress’s approval could be revised by the next president “with the stroke of a pen.”
During the month of March, more negotiations took place in Lausanne, Switzerland. Finally, on April 2, 2015, the parties announced that they reached an agreement on the general framework of a comprehensive deal.
Again, the Foreign Relations Committee of the U.S. Senate unanimously passed a resolution that required the president to submit any agreement to Congress for a vote. This resolution was approved by the full Senate on May 7, 2015, by a vote of 98-1.
On July 14, 2015, the member states of the P5+1 and the Islamic Republic of Iran signed the nuclear deal, officially named the Joint Comprehensive Plan of Action (JCPOA) in Vienna, Austria. Commonly known as the Iran Nuclear Deal or simply Iran Deal, it mainly dealt with enrichment-related activities. Tehran’s stockpile of low-enriched uranium was reduced by 97%, from 10,000.00 kg to 300.00 kg. This reduction had to be maintained for fifteen years. For the same period, Tehran was ordered to limit its enrichment of uranium to 3.67%. Yet, after fifteen years, all physical limits on enrichment will be removed. Moreover, for ten years Tehran must put two-thirds of its centrifuges in storage, with enrichment capacity being limited to the Natanz plant. There, the centrifuges must be the type IR-1. The IR-2M centrifuges must be stored in Natanz and monitored by the IAEA. Finally, Tehran shall not build any new uranium-enrichment facilities for the next fifteen years.
On the other hand, Tehran was allowed to continue its research and development work on enrichment, but only in Natanz. The Fordow facility was barred from enriching uranium for fifteen years.
To monitor the implementation of the JCPOA, a comprehensive and multilayered inspection regime was set up. However, prior to January 16, 2016, several exemptions were granted to Tehran that weakened from the get go the severity of the enrichment provisions.
Sanctions in the form of “snap back” provisions were also included in the JCPOA. Specifically, the deal established a “dispute resolution” process. Accordingly, a Joint Commission was created to monitor implementation. If the Joint Commission cannot resolve the dispute, the UN National Security Council had to be notified. Finally, future reinstatement of the sanctions allowed Tehran to leave the JCPOA altogether.
After fifteen years, Tehran will be free to do whatever it wants.
Criticism of the JCPOA both within Iran and in the rest of the world was instantaneous. Benjamin Netanyahu called the Iran nuclear deal a “historic mistake.” Addressing President Barack Obama he stated: “In the coming decade, the deal will reward Iran, the terrorist regime in Tehran, with hundreds of billions of dollars. This cash bonanza will fuel Iran’s terrorism worldwide, its aggression in the region and its efforts to destroy Israel, which is ongoing.” In the United States, criticism centered on ignoring Tehran’s ballistic missile program and the lack of provisions regarding the regime’s support for terrorist groups and organizations across the region. The $150 billion plus money transfer from the Obama administration
to Tehran in cash only strengthened opposition to the deal.
On October 13, 2015, the Iranian Parliament approved the deal. The next day, the Guardian Council ratified the JCPOA. Two days later, the P5+1 and the Islamic Republic of Iran formally adopted the JCPOA.
On October 21st, the United States raised Iran’s ballistic missile test as a possible violation of UN Security Council Resolution 1929 at a meeting of the Security Council.
On November 21st, Tehran tested another medium-range ballistic missile in clear violation of Resolution 1929.
On January 16, 2016, the IAEA verified that Tehran met its nuclear related responsibilities. On February 26th, the IAEA published its first quarterly report on Tehran’s post-implementation day nuclear activities. The report noted that Tehran met its general obligations with some minor deviations. However, missile launches continued unabated.
More ominously for the JCPOA, then Republican candidate Donald Trump stated at the American Israel Public Affairs Committee’s annual conference on March 21, 2016, that his “number one priority is to dismantle the disastrous deal with Iran.” After having been elected president on November 8, 2016, Donald Trump again labeled the JCPOA as the worst deal ever negotiated and pledged its renegotiation.
On January 28, 2017, Tehran test fired a medium-range ballistic missile, in defiance of UN Security Council Resolution 2231. On March 23rd, Senator Bob Corker of Tennessee, Chairman of the Foreign Relations Committee, introduces the Countering Iran’s Destabilizing Activities Act of 2017, targeting Tehran’s ballistic missile program and its support of global terrorism. In spite of Democrat opposition, the full Senate passed the Act 98-2. On July 25th, the U.S. House of Representatives passed H.R. 3364, the Countering Adversarial Nations Through Sanctions Act, which was designed to impose new sanctions on Iran, North Korea and Russia.
As the years have gone by, the JCPOA has turned out to be a great hoax. Its main objective to prevent Tehran from achieving military nuclearization within ten or even fifteen years could not have been accomplished. The reason for this was and is obvious. Tehran was building and operating many secret enrichment plants that were not included in the JCPOA, which only listed Natanz and Fordow. In this manner, Tehran has operated two nuclear programs: one for the gullible international community and a secret one that has continued to develop military nuclear capability unabated. For this reason, the IAEA quarterly statements concerning Tehran’s compliance with the limitations of the JCPOA were technically correct, but in reality absolutely meaningless. Clearly, President Obama and his administration intentionally fooled themselves, lied to the American people, and misled the entire international community.
Adding insult to injury, the JCPOA has never been a mutually ratified international treaty. The Obama administration did not even submit it to the U.S. Senate for ratification. According to U.S. as well as international law, the JCPOA has remained a nonbinding agreement among the signatory states.
Thus, President Trump’s withdrawal from the JCPOA in May 2018, based on what he termed as “Iran’s secret nuclear weapons program” was absolutely justified. As Israeli Prime Minister Benjamin Netanyahu stated, maintaining the fiction of the JCPOA merely would have resulted in certain nuclearization of the Islamic Republic of Iran.
The recent elimination of Qassem Soleimani, the resulting threats by Tehran to withdraw from the JCPOA, and the invocation of the dispute resolution process by Great Britain, France, and the Federal Republic of Germany were the last nails in the coffin of this fake and, therefore, useless agreement.
Legally, the fact that the Islamic Republic of Iran is a signatory to the Nuclear Non-Proliferation Treaty (NPT) is much more significant. Based on this Treaty, Tehran is subject to all the limitations on its enrichment activities. Accordingly, Tehran cannot exceed enriching uranium to more than 5% U-235. Any violation of this limit will automatically trigger the intervention of the IAEA and the UN Security Council. Should Tehran repudiate the NPT, UN Security Council Resolution 1540 must be activated.
In this case, Tehran’s production of weapons-grade uranium must be considered as a “threat to international peace and security” pursuant to Chapter VII of the UN Charter that calls for necessary actions against the Islamic Republic of Iran.
Throughout 2017, 2018, and 2019, Tehran’s noncompliance with its obligations under numerous UN resolutions, in particular Resolution 2216 respecting the prohibition of “direct or indirect supply, sale, or transfer” of short-range ballistic missiles and other equipment to Yemen, Syria, Lebanon, Iraq, Libya, and Egypt, has become legendary. In addition, Tehran has continued to flaunt the JCPOA restrictions on the number and type of centrifuges that it was allowed to operate under the agreement. On September 7, 2019, Behrouz Kamalvandi, the spokesman for the Atomic Energy Organization of Iran, announced that technicians introduced UF6 to cascades of 20 IR-4 and 20 IR-6 centrifuges, clearly exceeding the number of machines permitted in a cascade under the research and development terms of the JCPOA.
On September 16, 2019, cruise missiles and drones attacked a Saudi Arabian Oil Company (ARAMCO) facility in Abqaiq, eastern Saudi Arabia. The investigation launched after the strikes determined that the missiles and the drones were fired from Iranian territory. The rest of the year 2019, was filled with threats and lies by AyatollahKhamenei, President Rouhani, and Foreign Minister Zarifagainst the United States and President Trump personally.
Most recently, on January 15, 2020, PresidentRouhani made the announcement that his country now enriching uranium at a higher level than before. To wit, Ayatollah Khamenei, the real leader of the Islamic Republic of Iran, just followed up with another provocative sermon on January 17, 2020. The so-called Supreme Leader praised the retaliatory strike against the United States and described all Americans as “clowns” who cannot be trusted. Reacting to the Iran-wide protests against the regime and him personally he mocked President Trump’s sympathy declaration for the Iranian people calling it a “poisoned dagger” into the back of the entire nation.
Without a doubt, the Mullahcracy in Tehran has been constituted from its inception as a theocratic dictatorship that uncompromisingly has been committed to foment permanent instability across the globe, especially in the greater Middle East and South-East Asia. Internally, the regime has established a ruthless and cruel oppression against its opponents and anybody else deemed to challenge and thus jeopardize the religious and cultural uniformity of the country. Internationally, the Mullahcracy has become the source of permanent instability in the greater Middle East and beyond. The timeline of recent events has demonstrated the increasing aggression of Tehran, which has been connected with the regime’s internal predicaments. The most recent attacks against American military installations and the shooting down of the Ukrainian civilian airplane have shown the increasing desperation of the Mullahs.
The more than forty years of Mullahcracy has demonstrated that the regime has been incapable of reforming itself. On the contrary. Even according to official Iranian statistics, in the year 2018 alone, more than 100,000 Iranians committed suicide, and many more were killed or executed. Tragically, 75% of the suicide victims were between the ages of fifteen and thirty four. These numbers show that the younger generation that comprises the majority of the population reject the religious, ideological, and political foundations of the theocratic regime. Clearly, the regime is increasingly incapable of suppressing the opposition by only applying ruthless terror. Since the fraudulent elections of 2009, the Islamic Republic of Iran has experienced six major nationwide uprisings. Now, the Iranians’ patience broke irreversibly. By discrediting itself in the eyes of the world, the bloody and corrupt Mullahcracy signed its own death warrant. With the exception of a minority that benefits from the all-pervasive corruption of the regime, nobody trusts and supports the Islamic Republic. Presently, even the resignation of the Ayatollah Khamenei will not pacify the Iranian people any more, because the reason for the rot of the regime is he himself.
More disappointingly, the Mullahs have shown total resistance of any moderation both domestically as well as internationally. Now, when the regime is bankrupt both ideologically and economically, the Ayatollah’s and his minions’ diminishing rule will surely be more ruthless at home and increasingly aggressive abroad. Under these circumstances, diplomacy definitely will not work. The only solution is to remove by any means this cancerous tumor from the international body politics. Nothing but total regime change will bring a permanently satisfactory solution for the Iranian nation and the rest of the world.
Last week Wall Street focused on what the Trump-Xi summit would mean for the China trade war, the global economy and the Dow Jones. But the high-stakes meeting turned out to be a warm-up act. President Donald Trump’s real diplomatic flourish came as he crossed into the DMZ to shake hands with North Korea’s Kim Jong-un.
Investors are still trying to discern whether China trade talks will bear fruit after Trump’s big concession to Chinese President Xi Jinping. In addition to holding off on further tariffs, Trump said he would ease a ban on American technology sales to Chinese telecom equipment giant Huawei. Beijing appeared to give up little or nothing, and shows no sign of caving to Trump’s demands.
That raises the risk of another sudden collapse of China trade talks and a further escalation of tariffs. If that happens, both the U.S. economy and Dow Jones look vulnerable, even as the Dow hit record highs Wednesday.
But it may make sense to look at the China trade war through the prism of Trump’s push for a North Korea breakthrough. It’s a good bet that Trump-Kim DMZ meeting wouldn’t have happened if he hadn’t gotten China trade talks back on track.
Now Trump is pushing for a White House visit and reportedly wants North Korea to agree to substantially freeze nuclear weapons capabilities. As long as Trump sees Beijing as a “strategic partner” reining in North Korea’s nuclear ambitions, further escalation of the China trade war seems unlikely.
The relationship between North Korea and China is complex. But China has significant economic ties with North Korea, has often taken Pyongyang’s side against harsh international sanctions and has been seen as able to influence its behavior. International relations experts also say that Beijing has long used its role in mediating North Korea’s threat as a buffer against criticism by the West.
Trump has previously discussed China’s North Korea ties as a consideration in the U.S.-China trade dispute. While that hasn’t averted a major trade conflict, this past weekend isn’t the only time North Korea nuclear issue and China trade war have seemed to follow a parallel path.
Last December, Trump and Xi agreed to their first trade cease-fire. Then came Trump’s February summit with the North Korean leader in Hanoi. Trump walked away from that meeting, putting talks on ice. In May, China trade talks also broke down as Trump lost patience with Beijing for backtracking on commitments. On May 5, Trump threatened to escalate tariffs. Four days later, North Korea fired off short-range missiles in an implicit challenge to the U.S.
The odds of a China trade deal look pretty low, given the depth of the differences separating the two sides. The U.S. insists that China write new laws resolving complaints over theft of intellectual property, forced technology transfers, currency manipulation, access to Chinese markets and state subsidies. Even then, the U.S. wants Trump tariffs to remain in force, with some falling away as Beijing clears these benchmarks. China has refused all of these demands as humiliating and a violation of its sovereignty.
Trump may be losing hope for a huge China trade deal, but he seems to think a North Korean nuclear deal could be in reach. Trump may even see a certain logic in letting a North Korea deal come first. If Beijing really is a “strategic partner,” as Trump said in a Saturday press conference, Chinese leaders will encourage North Korea to complete a nuclear deal with him. If that happened, Trump might be more trusting of China to abide by any trade agreement, rather than keeping tariffs in place until Beijing proves it will keep its word.
Democratic presidential candidates are trying to revive a dead deal
On Monday, the regime in Iran announced that it’s intentionally violating the 2015 nuclear deal. Since then, no Democratic presidential candidates have reversed their pledges to reenter the accord if elected. In other words, several Democratic candidates would prevent Iran from obtaining nuclear weapons by returning to a nuclear agreement that Iran is no longer following. If that strategy sounds illogical, that’s because it is. But that isn’t the worst of it. Recall that, under the deal, the most important restrictions on Iran’s nuclear program begin to disappear at the end of the next presidential term and the beginning of the following one. So, assuming for a moment that a Democrat is elected president in 2020, the tool by which that president would constrain Tehran’s nuclear ambitions—the deal—would effectively expire as they are set to start a second term, or as their predecessor is set to take office, in either case putting the United States in an impotent position to stop an Iranian capability to develop nuclear weapons. And yet, too many Democrats are hell-bent on preserving a nuclear deal that is on its deathbed. At this point, arguments for reviving the narrow nuclear deal in roughly its original form are dangerous and delusional.
The nuclear deal, which President Trump withdrew from last year, allowed Iran to store 300 kilograms of uranium. Iran’s foreign minister, Mohammad Javad Zarif, said Monday that his country exceeded that limit. The International Atomic Energy Agency has since confirmed this violation. The deal also allowed Tehran to enrich its stored uranium to a low concentration of 3.67 percent, a cap the regime also plans to breach in the coming days. “Our next step will be enriching uranium beyond the 3.67 percent allowed under the deal,” Zarif said.
Despite what the media have reported this week, Iran’s latest actions are hardly its first in violation of the nuclear accord. Indeed, Tehran has repeatedly exceeded the limits of heavy water, which is used in nuclear reactors to help produce plutonium, permitted under the deal. The regime has also operated more advanced nuclear centrifuges than are permitted by the accord, while refusing to grant international inspections of nuclear research and military facilities. Furthermore, German intelligence agencies have flagged Iran’s continued illicit attempts to buy nuclear and missile technology. As I explainedin January, Ali Akbar Salehi, the head of the Atomic Energy Organization of Iran, told Iranian media that the regime
circumvented a section of the deal that explicitly requires Tehran to remove the reactor core at its Arak nuclear facility in central Iran, and then to fill its tubes with cement so the facility cannot be used to pursue a plutonium path to a bomb. Iran’s nuclear chief explained that Tehran secretly acquired and stored replacement tubes, noting that only Iran’s supreme leader, Ayatollah Ali Khamenei, knew about the decision. … [Salehi] added that images showing the reactor core filled with cement were “photoshopped.”
Iranian president Hassan Rouhani warned Wednesday that the regime “will restore the Arak reactor to its previous condition.”
We know about Iran’s most significant violation of the deal thanks to the Israelis, who last year captured about 100,000 secret files from Iran concerning its nuclear program. The files revealed, among other insights, that the regime had plans to build at least five nuclear bombs. That the Iranians were hiding such information strongly suggests that they were planning to use it later and still seek nuclear weapons today. Why would a bank robber who promised to quit still have blueprints of banks stashed away in his basement? Recall one of the deal’s first sentences: “Iran reaffirms that under no circumstances will Iran ever seek, develop, or acquire any nuclear weapons.” It seems that Iran was lying from the start, violating the most basic and overarching term of the agreement.
News of Iran’s latest illicit activities came a few days after the first Democratic presidential debates, during which several candidates promised to reenter the nuclear deal if elected.
At the first debate on Wednesday, moderators asked the 10 candidates present whether they would rejoin the deal. Sen. Cory Booker (D., N.J.) was the only one not to raise his hand, although he said he wants to return to a similar agreement. “It was a mistake to pull out of that deal,” he said. Trump “took us out of the deal that gave us transparency into their nuclear program and push back a nuclear breakout 10—20 years. We need to renegotiate and get back into a deal.”
The other two candidates allowed to comment on the issue, Sen. Amy Klobuchar (D., Minn.) and Rep. Tulsi Gabbard (D., Hawaii), expressed similar sentiments.
Every Democrat running for president has said or heavily implied that they would reenter the nuclear deal, either before entering the race or during the campaign. Some, such as Colorado governor John Hickenlooper, have added a caveat that they would seek tougher conditions. But the leading candidates have all indicated that they would return to the original agreement.
A few of the candidates have alluded to the fact that, under the deal, the key restrictions on Iran’s nuclear program expire over the next 12 years. Beginning in 2026, Tehran is free to enrich uranium using advanced centrifuges, which make the enrichment process much more efficient, and to install and operate more of its older models. In 2031, restrictions on the amount and level of enriched uranium that Iran can stockpile disappear—restrictions that Iran is already violating. These are the two key dates, after which Iran will be able to build as large of a nuclear program as it wants. And the best part: If the United States were in the deal, Iran could also enjoy relief from sanctions.
But there are several key expiration dates before then. In 2025, for example, the “snapback” provision, under which sanctions by the United Nations would be reimposed should Iran violate the deal, will end. New sanctions would require the U.N. Security Council to pass another resolution, which China or Russia would surely veto. Moreover, in 2023, Iran will have an easier time acquiring components and technology for its ballistic-missile program, the key for Tehran delivering nuclear bombs, with the lifting of a U.N. ban on assisting Iran’s missile program.
Taken together, these dates show that, regardless of who is inaugurated in January 2021, the president will find the nuclear deal unsustainable over the next four years, as key clauses of the deal expire. And if the president during this time foolishly returns to the nuclear deal, imagine the situation they would hand to their successor, who, at that point, would only be able to stop or delay an Iranian nuclear bomb with military strikes. Of course at that point Iran would be better able to defend itself, with the U.N. ban on Iranian arms imports and exports set to expire in 2020 under the deal. Reentering the nuclear accord simply boxes in future presidents, giving them fewer options.
With Iran breaching the deal today and key provisions set to expire in a few years, it simply does not make sense for the United States to return to a dying agreement. Some Democrats at the debate said they wanted to renegotiate their way back into the accord. Well, like it or not, the best way to make that happen, to return to some kind of an agreement, is to follow the Trump administration’s policy: to exert maximum pressure on the regime to force it back into negotiations, with the United States having greater leverage. Other options will lead down a predictably dangerous road of appeasing the Iranians to prevent a full-scale war that won’t erupt if America shows strength and resolve—the opposite of what most Democratic candidates are proposing. So, looking at the big picture, the Democratic candidates can get an agreement. They just have to follow Trump’s road to get there. Don’t hold your breath.
by Adam Kredo • Washington Free Beacon
Iran continues to hide key work it undertook on nuclear weapons development while perfecting ballistic missile technology that could carry such a weapon, according to a new report from a senior Israeli military official that has fueled calls from Trump administration insiders and Congress to nix the deal ahead of a May deadline.
Significant flaws in the original nuclear deal reached by the Obama administration with Iran has enabled Iran’s ballistic missile program and permitted the Islamic Republic to obfuscate ongoing work on nuclear enrichment and possible weaponization technologies, according to Jacob Nagel, the former head of Israel’s National Security Council.
Loopholes in the original agreement have allowed Iran to continue working on advanced nuclear centrifuges that can enrich uranium—the key component in a nuclear weapon—at least 15 to 20 times faster than original models of these devices, according to Nagel, who is serving as a visiting fellow at the Foundation for Defense of Democracies, or FDD. Continue reading
By Bill Gertz • Washington Free Beacon
Russian President Vladimir Putin, in language suggesting the start of a new Cold War, revealed Russia is building nuclear-powered cruise missiles, drone submarines, and other strategic arms designed to attack the United States.
During an annual address, the Russian leader boasted the new cruise missile was tested in December and utilizes small nuclear reactor technology recently developed by Russian weapons designers.
Videos shown during the speech showed a model of the new missile and other high-tech arms, including one that simulated a Russian nuclear strike on the United States. Continue reading
By Adam Kredo • Washington Free Beacon
Iran is on the pathway to fully restarting its contested nuclear weapons program due to insufficient international inspections of its military sites and caveats in the landmark nuclear deal that permit it to reengage in nuclear enrichment work within the next several years, according to experts who testified Wednesday before Congress.
Ahead of President Donald Trump’s expected announcement to decertify Iranian compliance with the nuclear deal, top lawmakers on the House Foreign Affairs Committee urged the administration to preserve the agreement and focus on more aggressive enforcement. Continue reading
Since 1950, when North Korea launched its invasion against the south, the United Nations Security Council had been in a permanent diplomatic warfare against Pyongyang. Out of the twenty two resolutions, seventeen were adopted through the 1990s and the almost two decades of the 2000s. In particular, eight resolutions between January 2013, and June 2017, condemning North Korea’s tests of nuclear weapons, were unanimously approved by the Security Council. The North Korean despot, Kim Jong-un, has not recognized the right of the Security Council to sanction his regime for its serial violations of international law. For decades, the international community has alternated between economic pressure and diplomatic dialogue, without any noticeable success. Most recently, the Trump Administration and Congress have floated the option of military action, coupled with regime change, and possible unification ofthe two Koreas.
Because of North Korea’s nuclear capabilities and its arsenal of heavy artillery aimed at the heavily populated Seoul region, there is no question that the entire situation in the Korean peninsula is an extremely complicated one. Continue reading
by Peter Huessy
Following the President’s visit to Hiroshima, nuclear weapons and their enduring usefulness in protecting America and its allies has become an increasingly important focus of debate especially the degree with which United States security policy should embrace the goal of zero nuclear weapons.
The debate centers on three major themes. They are: (1) whether the value of these weapons includes deterring not just nuclear threats but conventional and other threats to the United States and its allies; (2) the degree to which the United States is leading an “arms race” while modernizing its remaining but much reduced nuclear deterrent; and (3) how the twin goals of further nuclear reductions and greater strategic stability interact, particularly with respect to the early use of nuclear weapons in a crisis, maintaining a hedge capability should geostrategic conditions deteriorate and the proliferation of nuclear weapons to new nuclear powers. Continue reading
by Peter Huessy
Does the United States need nuclear weapons? What role do they play? And if they are valuable, how much should we spend supporting such a nuclear deterrent? In addition, what level of nuclear weapons should we aim to achieve to maintain stability and deterrence? And finally, does the type of nuclear deterrent maintained by the United States bear a relationship to whether nuclear weapons proliferate in the world, especially in Iran and North Korea?
The Center for Strategic and International Studies held a day long conversation on these questions on May 5th. Joe Cirincione, the President of the Ploughshares Fund laid out a four part narrative that the US was (1) maintaining a vastly bloated nuclear deterrent, (2) unnecessary for our security, (3) unaffordable, and (4) in need of at least an immediate unilateral one-third reduction in American nuclear forces to jump start efforts to get to zero nuclear weapons world-wide. Continue reading
by Peter Huessy and Franklin Miller
For the past 25 years, arms control has been a key driving force behind how many Americans view our relationship with Russia. In that period the two countries have agreed to the START I, Moscow, and New Start nuclear weapons agreements that has successfully reduced the strategic warhead arsenals on both sides by over 90%.
But relations between Moscow and Washington are not good and since the 2010 New Start agreement, the Russians have flatly rejected discussions of further reductions in nuclear weapons. The Russians have also stopped cooperation under the Nunn-Lugar agreement, named after two US Senators that put together a program to safeguard and eliminate nuclear material and warheads in the former Soviet Union subsequent to the end of the Cold War. Other agreements between the two countries have also been put on ice by Russian President Putin’s government.
At a seminar on Capitol Hill on April 20, 2016, two distinguished experts—Steve Blank of the American Foreign Policy Council and Mark Schneider of the National Institute of Public Policy—spoke about the need to refocus our relationship with Russia away from arms control and more towards managing an increasingly troublesome and dangerous relationship. A key part of that strategy must be the full modernization of our nuclear deterrent, they both emphasized. Continue reading
by Choe Sang-Huna • New York Times
South Korea has determined that North Korea is capable of mounting a nuclear warhead on its medium-range Rodong ballistic missile, which could reach all of South Korea and most of Japan, a senior government official said on Tuesday.
The government’s assessment, shared in a background briefing with foreign news media representatives in Seoul, followed a recent claim by North Korea that it had “standardized” nuclear warheads small enough to be carried by ballistic missiles. South Korean officials, like their American counterparts, have said that the North has made progress in miniaturizing nuclear warheads, but have been reluctant to elaborate.
But after four recent nuclear tests by the North, the latest on Jan. 6, some nongovernmental analysts in South Korea have said that they believe the North has learned how to fit its medium-range Rodong missile with nuclear warheads. The senior government official echoed that assessment, but did not provide any evidence of how the government has made its determination. Continue reading
by Stepan Kravchenko • Bloomberg
New weapons should go to “all parts” of the nuclear triad of air, sea, and land forces, Putin told a Defense Ministry meeting in Moscow on Friday. Action must also be taken “to improve the effectiveness of missile-attack warning systems and aerospace defense.”
Russia’s military will have five new nuclear regiments equipped with modern missile complexes next year, Defense Minister Sergei Shoigu told the same meeting. More than 95 percent of the country’s nuclear forces are at a permanent state of readiness, he said. Continue reading