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Trust, but Verify: Countering the Critics of the JCPOA

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The real question on everyone’s mind with regard to the JCPOA is whether or not Iran will honor its commitments. There are two differing philosophies to this question.

The first is that of the agreement’s critics, who argue that Iran will act similarly to rogue nations in the past and violate the agreement in hopes of attaining a nuclear arsenal. After all, a very similar agreement was made with Iraq, and the U.S. ultimately invaded the country in 2003 because of what was viewed as violations to the agreement. Specifically, Saddam Hussein was required to, among other things: allow international weapons inspectors to oversee the destruction of his weapons of mass destruction; not develop new weapons of mass destruction; destroy all of his ballistic missiles with a range greater than 150 kilometers; stop support for terrorism and prevent terrorist organizations from operating within Iraq. Critics have pointed to the failed compromise with Iraq as an indicator of the forthcoming conflict that will arise from the JCPOA.

The breakdown of the Iraqi agreement is not the first time that the U.S. has been part of an arrangement that has gone south. On October 21, 1994 the U.S. and North Korea signed the Agreed Framework after North Korea announced its intention to withdraw from the Non-Proliferation Treaty (NPT). Similar to Iran’s recent commitments under the JCPOA, North Korea agreed to full compliance, including taking all steps deemed necessary by the International Atomic Energy Agency (IAEA) to determine the extent to which North Korea diverted material for weapons in the past and giving inspectors’ access to all nuclear facilities in the country. North Korea eventually violated this arrangement, withdrew from the NPT, and attained nuclear weapons capability. Critics of the JCPOA have pointed to these failed agreements to validate their arguments. They are difficult to argue with as Iran and North Korea share some attributes, including violating international norms on nonproliferation, terrorism, and human rights.

Conversely, proponents of the JCPOA have argued that Iran has the right to peaceful nuclear energy and the right to address legitimate security concerns. It is no secret that Iran is trying to secure its position as a leader in the Middle East and the world. Advocates of the JCPOA contend that, because of its desire to emerge as a world power, Iran will be more likely to abide by the rules of the agreement and enhance its security through diplomatic relations with other world leaders. Additionally, enthusiasts of the JCPOA reject the idea that the U.S. is being seduced by a deal that is similar to failed agreements of the past and argue that the JCPOA is not the North Korea deal. First and foremost, the final agreement with Iran is vastly more comprehensive in terms of verification provisions and contains much stronger elements to deter cheating, as well as more meaningful incentives to motivate compliance than the Agreed Framework.

Second, advocates of the JCPOA point to the advancement of North Korea’s nuclear program compared to Iran’s when an agreement was signed as another essential difference: by the time the Agreed Framework was completed in 1994, North Korea was already estimated to have produced more than enough plutonium for a nuclear weapon. George Perkovich explains, “by contrast, neither the International Atomic Energy Agency (IAEA) nor any intelligence agency has offered evidence that Iran has acquired enough fissile material for a nuclear weapon [and] therefore, Iran cannot hide behind a putative agreement and weaponize material it already possesses.” These two fundamental distinctions, coupled with advances in technical capabilities and the United States’ ability to adapt from former failed negotiations, give proponents the confidence to believe in the agreement’s validity.

Supposedly, the U.S. has three alternatives to the JCPOA in terms of resolving the threat posed by a secret nuclear program of Iran. The first and most popular alternative is for the U.S. to impose increased sanctions. For example, The American Israel Public Affairs Committee (AIPAC) explains that the U.S. must, “revive the policy that first brought about negotiations—a combination of tough diplomacy and crippling sanctions [and] this time around must not settle for merely delaying ‘breakout’ time, but forge a deal that truly stops all of Iran’s pathways to a bomb.” Despite the committee’s enthusiasm for developing an all-inclusive agreement that ensures that Iran will never develop a nuclear weapon, there are a few flaws in the strategy to re-impose sanctions.

The first and most obvious problem with this strategy is that the U.S. has already accepted the terms of the JCPOA and, arguably, is at the point of no return. Congressman Jerrold Nadler correctly assesses, “The Europeans, Russia, and China, being eager to resume business with Iran, having agreed to voluntary sanctions only in order to coerce Iran into negotiating an agreement, and having reached what they regard as a reasonable agreement only to have Congress pull the rug out from under them, would certainly not want to maintain their sanctions.” Second, if Iran determined that the U.S. was not adhering to its obligations under the agreement, then Iran would have no incentive to allow IAEA inspectors into its facilities and it could begin enriching as much plutonium as it wished.

The second alternative would involve the boycotting of Iranian banks. The basic idea behind this strategy is for the U.S. to impose, more-or-less, secondary sanctions in order to get Iran back to the negotiating table. Jerrold Nadler explains, “We would take on essentially the rest of the world, including all our closest economic and diplomatic allies, and, by threatening to cut off their access to the American economy through our banks.” In other words, the U.S. would not only try to influence Iran through an economic boycott but the entire world.

If that sounds suspiciously like coercion, that’s because it is. Unsurprisingly, there are several downfalls to this approach. Treasury Secretary Jack Lew sums it up best: “The countries we would have to coerce are among the biggest economies in the world [and] if we were to cut them off from the American dollar and our financial system, we would set off extensive financial hemorrhaging, not just in our partner countries but in the United States as well.” Another significant flaw in this approach is the fact that the rest of the world has the ability to call the American bluff. Over forty percent of U.S. exports go to these countries and American trading partners know that it will not shut down its exports or cut off countries that hold nearly forty-seven percent of foreign-held U.S. treasuries.

The third and final alternative to the JCPOA is direct U.S. military intervention. As Jeffrey Goldberg argued, “an Israeli strike could theoretically set back Iran’s nuclear program, but only the U.S. has the military capabilities to set back the program in anything approaching a semi-permanent way.” Many voices heard throughout the debate of Iran’s potential nuclear program have claimed that military action may be the only path available to the U.S. that would secure world stability. Besides the obvious consequences of military action including the loss of human life, there are some other issues that should cause the U.S. to pause.

In 2004, the Atlantic magazine conducted a war game which simulated preparations for a U.S. assault on Iran and in doing so they arrived at a few sobering conclusions. First, the U.S. government had no way of knowing exactly how many sites Iran had, how many it would be able to destroy, or how much time it would take to do so. Even worse, the U.S. had no way of predicting the long-term strategic impact of a strike. If these were the conclusions that this group came up with in 2004, when the U.S. had forces in neighboring Iraq, how much more ineffective would an assault be in present day? It is also important to note that even if the U.S. were successful in its endeavor to destroy Iranian nuclear facilities, Iran would be more hostile towards the U.S. if it ever did achieve the production of a nuclear weapon down the road. And that as a goal would be extremely likely if the U.S. violated Iranian sovereignty and invaded.

Each of these strategies offers a different alternative to resolving the conflict of a secret Iranian nuclear program. Unfortunately, each approach is even more unrealistic than the last. Currently, the U.S. has very little option but to embrace the terms of the JCPOA and to enforce those terms as rigidly as possible. Skeptics may believe it is foolhardy to ‘trust’ Iran, but in this case the old Reagan adage during the Cold War seems most appropriate: Trust, but verify.

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Turkey’s Destruction of Cultural Heritage in Cyprus, Turkey, Artsakh

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The Mother See of Holy Etchmiadzin of the Armenian Apostolic Church has recently hosted a conference on international religious freedom and peace with the blessings of His Holiness Karekin II, the Supreme Patriarch and Catholicos of All Armenians.

Tasoula Hadjitofi, the founding president of the Walk of Truth, was one of the invited guests. She spoke about genocide and her own experience in Cyprus, warning of Turkey’s religious freedom violations. Hadjitofi also called for joint legal actions against continued ethnic cleansing and destruction of Christian cultural heritage in Cyprus, Turkey, Nagorno-Karabakh (Artsakh) and other places by the Turkish government and its regional allies including Azerbaijan.

During the two-day conference, access to places of worship in war and conflict zones, the protection of religious and ethnic minorities, and preservation of cultural heritage were among the topics addressed by many distinguished speakers.  The conference paid particular attention to the situation of historic Armenian monasteries, churches, monuments, and archeological sites in parts of Nagorno-Karabakh that have been under Azeri occupation since the 2020 violent war unleashed by Azerbaijan.

Hadjitofi presented about the situation of Cyprus, sharing her recent visit to the Cypriot city of Famagusta (Varoshia), making historic parallels between the de-Christianisation of Asia Minor, Cyprus and Nagorno-Karabakh by Turkey, and its allies such as Azerbaijan. See Hadjitofi’s full speech here.

Author of the book, The Icon Hunter, Hadjitofi spoke with passion about her recent visit to the ghost city of Famagusta, occupied by Turkey since 1974. Her visit coincided with the 47th anniversary of the occupation. She was accompanied by journalist Tim Neshintov of Spiegel and photographer Julien Busch as she made several attempts to visit her home and pray at her church of Timios Stavrou (Holy Cross).

Hadjitofi explained how her own human rights and religious freedoms, alongside the rights of tens of thousands of Cypriots, were violated when Turkey’s president Recep Tayyip Erdogan illegally entered her country and prayed at the newly erected mosque in her own occupied town whereas she was kneeling down in the street to pray to her icon in front of her violated Christian church. In comparison, her church was looted, mistreated and vandalized by the occupying forces.  

Hadjitofi reminded the audience of the historic facts concerning Turks discriminating against Christian Greeks, Armenians, and Assyrians. They also massacred these communities or expelled them from the Ottoman Empire and the modern Republic of Turkey, a process of widespread persecution which culminated in the 1913-23 Christian genocide. Hadjitofi then linked those genocidal actions with what Erdogan is doing today to the Kurds in Syria, and the Armenians in Nagorno-Karabakh by supporting Turkey’s wealthy friends such as the government of Azerbaijan.  She also noted that during her recent visit to her hometown of Famagusta, a delegation from Azerbaijan referred to Turkish-occupied northern Cyprus as “Turkish land” and a “part of Greater Turkey”. This is yet another sign of Turkish-Azeri historic revisionism, and their relentless efforts for the Turkification of non-Turkish geography.

Hadjitofi called for a series of legal actions against Turkey and its allies, reminding Armenians that although they signed the Rome Statute for the International Criminal Court (ICC), they have not ratified it. She noted that it must be the priority of Armenians if they want to seek justice. Azerbaijan and Turkey, however, neither signed or ratified the Rome Statute.

During her speech Hadjitofi also emphasized the need for unity amongst all Christians and other faiths against any evil or criminal act of destroying places of worship or evidence of their historical existence anywhere in the world. 

In line with this call, the Republic of Armenia instituted proceedings against the Republic of Azerbaijan before the International Court of Justice, the principal judicial organ of the United Nations, with regard to violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

In its application, Armenia stated that “[f]or decades, Azerbaijan has subjected Armenians to racial discrimination” and that, “[a]s a result of this State-sponsored policy of Armenian hatred, Armenians have been subjected to systemic discrimination, mass killings, torture and other abuse”.

Hadjitofi said that “Armenia’s lawsuit against the government of Azerbaijan is a positive move in the right direction and more legal actions should be taken against governments that systematically violate human rights and cultural heritage. I’m also in the process of meeting members of the Armenian diaspora in Athens, London, and Nicosia to discuss further joint legal actions. But the most urgent action that Armenia should take is the ratification of Rome Statute of the ICC,” she added.

Other speakers at the conference included representatives of the main Christian denominations, renowned scholars and experts from around the globe, all of whom discussed issues related to international religious freedom and the preservation of the world’s spiritual, cultural and historical heritage.

Baroness Cox, a Member of the UK House of Lords and a prominent human rights advocate, was among the participants. She has actively defended the rights of the Armenians of Nagorno-Karabakh and Armenia through her parliamentary, charity and advocacy work.

Meanwhile, the organizing committee of the conference adopted a joint communiqué, saying, in part:

” We re-affirm the principles of the right to freedom of religion or belief, as articulated in the Universal Declaration of Human Rights and subsequent international and regional human rights treaties. We claim this right, equally, for all people, of any faith or none, and regardless of nation, history or political circumstances – including for those Armenian prisoners of war still illegally held in captivity by Azerbaijan, for whose swift release and repatriation we appeal and pray, and for the people of Artsakh/Nagorno-Karabakh whose rights to free and peaceful assembly and association necessarily implicate the sacred character of human life.”

On September 11, the delegates of the conference were received by the President of Armenia, Armen Sarkissian, in his palace in Yerevan where they were thanked. The guests also visited the Armenian Genocide Memorial-Museum (Tsitsernakaberd), where Hadjitofi was interviewed on Armenian national TV. She said:

“I read about the Armenian Genocide and I am glad that more countries recognize it as such but I am disappointed that politicians do not condemn actions of Turkey and its allies in their anti Christian attitude towards Cyprus and Nagorno-Karabakh. I see an interconnection between the genocide and the adopted politics of Azerbaijan, when the ethnic cleansing takes place, when cultural heritage is destroyed, gradually the traces of the people once living there are eliminated and that is genocide”. 

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After 10 years of war in Syria, siege tactics still threaten civilians

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The future for Syria’s people is “increasingly bleak”, UN-appointed rights experts said on Tuesday, highlighting escalating conflict in several areas of the war-ravaged country, a return to siege tactics and popular demonstrations linked to the plummeting economy.

According to the UN Commission of Inquiry on Syria, the country is not safe for refugees to return to, after a decade of war.

The panel’s findings come amid an uptick in violence in the northwest, northeast and south of the country, where the Commissioners highlighted the chilling return of besiegement against civilian populations by pro-Government forces.

“The parties to the conflict continue to perpetrate war crimes and crimes against humanity and infringing the basic human rights of Syrians,” said head of the Commission of Inquiry, Paulo Pinheiro. “The war on Syrian civilians continues, and it is difficult for them to find security or safe haven.”

Scandal of Al Hol’s children

Professor Pinheiro also described as “scandalous” the fact that many thousands of non-Syrian children born to former IS fighters continue to be held in detention in dreadful conditions in Syria’s north-east.

“Most foreign children remain deprived of their liberty since their home countries refuse to repatriate them,” he told journalists, on the sidelines of the 48th session of the Human Rights Council in Geneva.

“We have the most ratified convention in the world, the Convention on the Rights of the Child, is completely forgotten. And democratic States that are prepared to abide to this Convention they neglect the obligations of this Convention in what is happening in Al Hol and other camps and prison places.”

Some 40,000 children continue to be held in camps including Al Hol. Nearly half are Iraqi and 7,800 are from nearly 60 other countries who refuse to repatriate them, according to the Commission of Inquiry report, which covers the period from 1 July 2020 to 30 June 2021. 

Blockades and bombardment

The rights experts also condemned a siege by pro-Government forces on the town of Dar’a Al-Balad, the birthplace of the uprising in 2011, along with “siege-like tactics” in Quineitra and Rif Damascus governorates.

“Three years after the suffering that the Commission documented in eastern Ghouta, another tragedy has been unfolding before our eyes in Dar’a Al-Balad,” said Commissioner Hanny Megally, in reference to the siege of eastern Ghouta which lasted more than five years – and which the commissioners previously labelled “barbaric and medieval”.

In addition to the dangers posed by heavy artillery shelling, tens of thousands of civilians trapped inside Dar’a Al-Balad had insufficient access to food and health care, forcing many to flee, the Commissioners said.

Living in fear

In the Afrin and Ra’s al-Ayn regions of Aleppo, the Commissioners described how people lived in fear of car bombs “that are frequently detonated in crowded civilian areas”, targeting markets and busy streets.

At least 243 women, men and children have been killed in seven such attacks over the 12-month reporting period, they said, adding that the real toll is likely to be considerably higher.

Indiscriminate shelling has also continued, including on 12 June when munitions struck multiple locations in Afrin city in northwest Syria, killing and injuring many and destroying parts of al-Shifa hospital.

Insecurity in areas under the control of the Syrian Democratic Forces (SDF) in northeast Syria has also deteriorated, according to the Commission of Inquiry, with increased attacks by extremist “remnants” and conflict with Turkish forces.

Division remains

The Commissioners noted that although President Assad controls about 70 per cent of the territory and 40 per cent of the pre-war population, there seems to be “no moves to unite the country or seek reconciliation. On the contrary.”

Despite a welcome drop in the level of violence compared with previous years, the Commission of Inquiry highlighted the dangers that continue to be faced by non-combatants

The senior rights experts also highlighted mounting discontent and protests amongst the population, impacted by fuel shortages and food insecurity, which has increased by 50 per cent in a year, to 12.4 million, citing UNFPA data.

“The hardships that Syrians are facing, particularly in the areas where the Government is back in control, are beginning to show in terms of protests by Syrians who have been loyal to the State,” said Mr. Megally. They are now saying, ‘Ten years of conflict, our lives are getting worse rather than getting better, when do we see an end to this?’”

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IAEA Director General reaches agreement in Tehran, as Biden’s clock is ticking

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IAEA Director General Rafael Grossi at a press conference. Photo: IAEA/Dean Calmaa

A meeting to resolve interim monitoring issues was held in Tehran on 12 September between the head of Iran’s Atomic Energy Organization, Mohammad Eslami, and the Director General of the International Atomic Energy Agency (IAEA), Rafael Grossi. Grossi was on a visit to Tehran to fix roadblocks on the stalled monitoring of Iran’s nuclear program, which is ever more challenging in a context where there is no diplomatic agreement to revive or supersede the JCPOA. Grossi said in a press conference on 12 September that the IAEA had “a major communication breakdown” with Iran. But what exactly does that mean?


The IAEA monitoring equipment had gone three months without being serviced and Grossi said he needed “immediate rectification” of the issues. He was able to get the Iranian side to come to an agreement. The news from Sunday was that the IAEA’s inspectors are now permitted to service the identified equipment and replace their storage media which will be kept under the joint IAEA and AEOI seals in Iran. The way and the timing are now agreed by the two sides. The IAEA Director General had to push on the terms of the agreement reached in February 2020.

Grossi underlined on Sunday that the new agreement can’t be a permanent solution. Data from the nuclear facilities is just being stored according to what commentators call “the continuity of knowledge” principle, to avoid gaps over extended time periods but the data is not available to inspectors.

When it’s all said and done, basically, it all comes down to the diplomatic level. The American withdrawal from the JCPOA nuclear agreement in 2018 keeps undermining the Iran nuclear inspections on the technical level. All the inspection activities have been stalled as a result of the broken deal. The IAEA’s strategy in the interim is that at least the information would be stored and not permanently lost.

Everyone is waiting for the JCPOA to be restored or superseded. As Vali Nasr argued in the New York Times back in April this year, the clock is ticking for Biden on Iran. Iran diplomacy doesn’t seem to be on Biden’s agenda at all at the moment. That makes the nuclear inspectors’ job practically impossible.  Journalists pointed out on Sunday that the Director General’s visit found one broken and one damaged camera in one of the facilities. Grossi assured it has been agreed with Iran that the cameras will be replaced within a few days. The IAEA report notes that it was not Iran but Israel that broke the IAEA cameras in a June drone attack carried out by Israel. Presumably, Israel aimed to show Iran is not complying by committing the violations themselves.

Grossi’s visit was a part of the overall IAEA strategy which goes along the lines of allowing time for diplomacy, without losing the data in the meantime. He added that he thinks he managed to rectify the most urgent problem, which is the imminent loss of data.

The Reuters’s title of the meeting is that the agreement reached on Sunday gives “hope” to a renewed Iran deal with the US, after Iran elected a hardliner president, Ebrahim Raisi, in August this year, but that’s a misleading title. This is not the bit that we were unsure about. The question was never on the Iranian side. No one really expected that the new Iranian president would not engage with the IAEA at all. Earlier in November 2019, an IAEA inspector was not allowed on a nuclear cite and had her accreditation canceled. In November 2020, Iranian lawmakers passed a law that mandated the halt of the IAEA inspections and not to allow inspectors on the nuclear sites, as well as the resuming of uranium enrichment, unless the US sanctions are lifted. In January 2021, there were threats by Iranian lawmakers that IAEA inspectors would be expelled. Yet, the new Iranian President still plays ball with the IAEA.

It is naïve to think that Iran should be expected to act as if there was still a deal but then again, US foreign policy is full of naïve episodes. “The current U.S. administration is no different from the previous one because it demands in different words what Trump demanded from Iran in the nuclear area,” Khamenei was quoted to have said in his first meeting with President Raisi’s cabinet.

“We don’t need a deal – you will just act as if there was still a deal and I will act as if I’m not bound by a deal” seems to be the US government’s line put bluntly. But the ball is actually in Biden’s court. The IAEA Director General is simply buying time, a few months at a time, but ultimately the United States will have to start moving. In a diplomatic tone, Grossi referred on Sunday to many commentators and journalists who are urging that it is time.

I just don’t see any signs on Biden’s side to move in the right direction. The current nuclear talks we have that started in June in Vienna are not even direct diplomatic talks and were put on hold until the outcome of Iran’s presidential elections were clear. US hesitance is making Grossi’s job impossible. The narrative pushed by so many in the US foreign policy space, namely that the big bad wolf Trump is still the one to blame, is slowly fading and reaching its expiry date, as Biden approaches the one-year mark of his presidency.

Let’s not forget that the US is the one that left and naturally is the one that has to restart the process, making the parties come back to the table. The US broke the deal. Biden can’t possibly be expecting that the other side will be the one extending its hand to beg for forgiveness. The US government is the one that ruined the multi-year, multilateral efforts of the complex dance that was required to get to something like the JCPOA – a deal that Republicans thought was never going to be possible because “you can’t negotiate with Iran”. You can, but you need skilled diplomats for that. Blinken is no Kerry. Judging from Blinken’s diplomacy moves with China and on other issues, I just don’t think that the Biden Administration has what it takes to get diplomacy back on track. If he follows the same line with Iran we won’t see another JCPOA in Biden’s term. Several weeks ago, Biden said that there are other options with Iran if diplomacy fails, in a White House meeting with Israel’s new prime minister Bennett. I don’t think that anyone in the foreign policy space buys that Biden would launch a military attack on Iran’s nuclear facilities. But I don’t think that team Biden can get to a diplomatic agreement either. Biden and Blinken are still stuck in the 2000, the time when others would approach the US no matter what, irrespective of whose fault it was. “You will do as I say” has never worked in the history of US foreign policy. That’s just not going to happen with Iran and the JCPOA. To expect otherwise is unreasonable. The whole “Trump did it” line is slowly and surely reaching its expiry date – as with anything else on the domestic and foreign policy plane. Biden needs to get his act together. The clock is ticking.

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