Therefore, any resolutions calling for Iran’s inalienable right to be relinquished are, in and of themselves, wholly illegal. Paranoid suspicions, demonizing propaganda, and allegations without evidence are totally insufficient to demonstrate any violations of the NPT by the Iran government.
Cyrus Safardi of IranAffairs, in addition to supplying supporting documentation from the UN’s own International Law Commission and the British Institute of International and Comparative Law, explains,”
Article 103 of the UN Charter says that UNSC resolutions trump obligations under international treaties such as the NPT. However, Article 103 does not apply to sovereign rights and jus cogens. It is a general and well-recognized principle of international law that UNSC resolutions that are contrary to jus cogens are ultra vires and NOT binding.”
With this in mind, it is clear that all UNSC resolutions that “demand” Iran suspend enrichment and close its intrusively monitored and meticulously inspected nuclear facilities – UNSC resolutions 1696 (2006), 1737 (2006), 1747 (2007), and 1803 (2008) – are contradictory, illegal and consequently non-binding.
Furthermore, Safardi writes that “Iran’s safeguard agreement with the IAEA, and the IAEA statutes, only permit a referral to the UNSC when there has been a diversion of fissile material for non-peaceful use.” Since the IAEA had previously confirmed that there had been no such diversion and without any evidence of a nuclear weapons program, its referral of the Iranian nuclear dossier to the UN Security Council was, as CASMII founder Abbas Edalat points out, “politically motivated and illegitimate.” Edalat continues,
“On February 15th , Stephen Rademaker, the former US Assistant Secretary for International Security and Non-proliferation confessed that the two crucial votes by India against Iran in the Governors’ Board of the IAEA which led to Iran’s referral to the Security Council were indeed the result of US coercion. Incidentally India, like the other US allies Pakistan and Israel, is not a signatory to the NPT and has developed nuclear bombs which is tolerated and supported by the US.
Because the IAEA’s referral of Iran’s file to the UNSC was unwarranted and because the UNSC resolutions are themselves illegal, Iran has no reason to abide by them and is therefore under no obligation to halt its nuclear program, as Mr. Kuperman keeps insisting.
In fact, the United States is currently in violation of the NPT itself, insofar as “the US has refused to negotiate for complete disarmament and verification per treaty terms and actively plans to use nuclear weapons, including first-strike use against ‘enemies’ who may only become threats in the future,” according to Carl Herman of the Examiner.
Even though Mr. Kuperman deems violations of international law cause enough to justify military campaigns, he doesn’t seem to mind Israel’s constant trespasses and consistent ignoring of numerous Security Council resolutions since 1967.
Continuing, Mr. Kuperman declares that “while Iran permits international inspections at its declared enrichment plant at Natanz, it ignores United Nations demands that it close the plant, where it gains the expertise needed to produce weapons-grade uranium at other secret facilities like the nascent one recently uncovered near Qom.”
Isn’t everything “secret” until it’s announced? What Mr. Kuperman probably knows, but refuses to say since it would weaken his argument for illegally bombing another country and willfully murdering innocent people, is that the new Fordo nuclear facility was actually announced to the IAEA by Iran itself, in advance of the panicky press conference held on September 25 by President Obama, UK Prime Minister Gordon Brown of Britain and French President Nicholas Sarkozy. “I can confirm that on 21 September, Iran informed the IAEA in a letter that a new pilot fuel enrichment plant is under construction in the country,” IAEA spokesman Marc Vidricaire said.
Under its current safeguards agreement with the Agency, Iran is not obligated to inform the IAEA of any new facilities until six months before the introduction of nuclear material to the site. Since the Fordo enrichment plant is not yet operational, and won’t be for another 18 months, Iran has broken no rules. In fact, the site was announced a full year before it needed to be. As Ali-Akbar Salehi, Iran’s nuclear chief, remarked, “This installation is not a secret one, which is why we announced its existence to the IAEA.”
Ahmadinejad even pointed out that the agreements and guidelines between Iran and the IAEA do not require approval by the United States. “We have no secrecy, we work within the framework of the IAEA,” he said. “This does not mean we must inform Mr Obama’s Administration of every facility that we have.”
That Mr. Kuperman would claim the Fordo site near Qom was “secret” is unsurprising, considering the same constant refrain in media outlets like the New York Times. What is interesting is his allegation that the facility allows Iran to acquire knowledge about producing nuclear weapons is especially bizarre considering that, after inspectors surveyed the new plant, IAEA Director-General ElBaradei declared that the agency’s monitors found “nothing to be worried about,” continuing, “It’s a hole in a mountain.”
“The idea was to use it as a bunker under the mountain to protect things,” ElBaradei said. Due to the constant threats by the US and Israel to bomb Iran, especially by arm-chair warriors like Mr. Kuperman, it should come as no surprise that the Iranian government might be interested in defending their scientific facilities and technological progress from such attacks. In fact, not doing so would be irresponsible.
Without providing even a shred of evidence, Mr. Kuperman states that “Iran supplies Islamist terrorist groups in violation of international embargoes.” He is obviously referring to Hamas and Hezbollah, two democratically-elected resistance groups, which are consistently demonized in the Western press for being opposed to Israeli settler-colonialism, illegal and oppressive occupation, and American military imperialism. What is left out, of course, is that the US-supported Israeli siege of Gaza is itself illegal and displays “profound inhumanity,” according to John Ging, Gaza’s director of operations for the refugee agency UNRWA. Furthermore, according to the Policy Declaration of the new Government of the Republic of Lebanon, issued on November 26, 2009,
“It is the right of the Lebanese people, Army and the [Hezbollah led-]Resistance to liberate the Shebaa Farms, the Kfar Shuba Hills and the northern part of the village of Ghajar as well as to defend Lebanon and its territorial waters in the face of any enemy by all available and legal means.”
As a result, Lebanon expert Franklin Lamb explains, “Legally, constitutionally, and politically, Lebanon’s new National Unity Government policy legitimizes, embraces, and incorporates by reference, according to some Pentagon and State Department analysts, the National Lebanese Resistance,” and affirms that Hezbollah and the State of Lebanon are “inseparable and indivisible with respect to defending this country from foreign interference and occupation. It affixes the Governmental imprimatur for liberating Lebanese lands still occupied by Israeli forces.” Lamb continues,
“According to some international lawyers, it also fulfills UN Security Council Resolution 1559 regarding disarming militias because Lebanon has in effect declared that the arms of the Hezbollah led Resistance are part of the defense of Lebanon itself and not a particular movement or political party. This Policy statement satisfies UNSCR 1701 for the same reason.”