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Few points on the JCPOA "snapback mechanism" the Trump administration doesn't want you to know:
1) First, to trigger the "snapback mechanism" a country needs to be a "JCPOA participant". The U.S is no longer a JCPOA participant as per a Presidential Memoranda issued on May 8, 2018 by @realDonaldTrump. A Presidential Memorandum has "the force of law" under US domestic order.
2) Secondly, the "snapback" mechanism was designed based on the assumption that Iran - not the US - would be the first to breach the agreement. In other words, the “snapback” provisions were solely drafted in anticipation of a situation where Iran would be the "initial defector".
3) The US not only violated its obligations first (both under JCPOA and Resolution 2231) by unilaterally withdrawing from the deal but also forced other parties - through the use of extraterritorial sanctions - to renege on the their own commitments as well.
4) Furthermore, Res. 2231 - which the Trump admin wants to rely on the trigger "snapback" - provides that the "JCPOA participant State" must BELIEVE that Iran's actions constitute a significant non-performance of its obligations. This "belief" must of course be of "Good-faith".
5) So, even if the US were - through an 'abuse of procedure' and a mal-interpretation of Res. 2231- to be considered a "JCPOA participant", no other participant nor any members of the Security Council would buy the claim that the US has any good-faith basis for charging breach.
6) In fact, the procedure through which this U.S administration seems to want to trigger "snapback" reeks of bad-faith, deception and pseudo-legal trickery from top to bottom 👇
7) Today, anyone with a shred of good-faith agrees that Iran has ceased performing some of its commitments only in response to the U.S unilateral withdrawal and illegal imposition of sanctions - as per a right conferred to it under Article 36 of JCPOA.
...And has officially declared on numerous occasions that it will go back to full compliance once others resume performing their obligations.
8) It would be a mistake of historical magnitude if European countries and other world powers were to punish the only JCPOA participant (Iran) that has so far lived up to its obligations by succumbing to the bad-faith maneuverings of the US at the Security Council.
9) In fact, other world powers should first firmly stand-up to the United States' attempt to slither itself into the club of "JCPOA participants" by imposing its fallacious interpretation of Resolution 2231.
10) In doing so they must remind the US that SC resolutions ought to be interpreted - not in a textualist manner but - in light of the context, object & purpose of the resolution, statements by representatives of member states at the time of drafting, subsequent practice, etc.
11) As US will try to trigger snapback through abuse of procedure & declare past resolutions restored, they must also declare they won't consider resolutions "reinstated" through bad-faith maneuvering as binding & won't ratify them into their domestic order for implementation.
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