Putting Teeth into Peace: Making the JCPOA Legitimate

Since the Joint Comprehensive Plan of Action (JCPOA) was signed on July 14, 2015, a fierce debate has ensued within the United States. While the agreement is not perfect by any stretch of the imagination, it remains the best option currently available to the U.S. and other world powers to address Iran’s growing nuclear threat. Despite its shortcomings, the deal provides the opportunity for the U.S. to make an essential security impact on the Middle East while potentially improving worldwide relations with Iran.

First and foremost, for the JCPOA to be effective the U.S. must adopt a policy of strict enforcement to the conditions of the agreement and not scrap the deal altogether. Some U.S. law-makers still believe that there is a better option than the JCPOA, as proven by the letter that 47 Senators sent to the Ayatollah warning him that the deal could easily be undone by a future Republican President or Congress. To back out of the JCPOA would be extremely risky at this point, however, as the U.N. Security Council voted for the deal unanimously and more than 100 countries around the world have already publicly endorsed it.

Instead of hoping to get Iran and the P5+1 back to the negotiating table, the U.S. should focus on enforcing the best deal that it is likely to get with Iran now. Senator Coons of Delaware explains, “The President should coordinate a whole government effort utilizing the Pentagon, Intelligence Community, State, Treasury, and Energy to fully enforce this deal. The President must support action by Congress to increase funding and resources for the IAEA and the Office of Foreign Assets Control to allow strict enforcement of sanctions against Iran and the most effective snapback mechanism possible.” If the U.S. proves now that it is willing to strictly enforce the agreement, then it will give Iran less incentive to cheat on the deal in the future, thereby increasing global security.

It is equally essential for the U.S. to enforce the Additional Protocol that supplements the JCPOA. According to the IAEA, “the Additional Protocol aims to fill the gaps in the information reported under Comprehensive Safeguards Agreements. By enabling the IAEA to obtain a much fuller picture of such states’ nuclear programs, plans, nuclear material holdings and trade, the Additional Protocol helps to provide much greater assurance on the absence of undeclared nuclear material and activities in those States.” By demanding that Iran strictly adheres to the Additional Protocol the U.S. can avoid an outcome similar to the First Gulf War, when it became clear that Iraq had exploited a loophole in the standard IAEA Safeguards Agreement and used undeclared facilities to build a clandestine nuclear weapons program. Olli Heinonen, a veteran International Atomic Energy Agency arms inspector, explains, “Without unfettered access to people and all sites in Iran, and if limitations and sanctuaries are carved out, it will be impossible to convincingly certify that Iran is fully complying with its undertakings.” Further assurances of Iran’s commitment to its obligations under the JCPOA can be achieved by dedicating resources to fully implement the Additional Protocol and by expanding the dimensions of the protocol to include Iran’s military sites.

Despite the presence that the U.S. commands in the world, it will not be enough to deter Iran without assistance. The U.S. must enlist the support of its European allies to make sure that they will take effective action against marginal violations by Iran. This includes re-imposing sanctions against Iran in order to prevent ballistic missile proliferation and the support of terrorism if necessary. When the U.S. helped to establish the United Nations after WWII, it learned that attacking a problem as a united front has many benefits. Current U.S. policy should mirror the philosophy of international partnership rather than hoping to deter Iran solely through its own military might and financial institutions alone.

For the future success of the JCPOA and worldwide security, the U.S. should look to strengthen the parameters of international treaties now, rather than in 15 years, when the most restrictive aspects of the JCPOA will be basically unenforceable. The two treaties that have the potential to affect nuclear proliferation most are the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Fissile Material Cutoff Treaty (FMCT). The CTBT is a legally binding ban on nuclear explosive testing and the FMCT would prohibit the production of the two main components of nuclear weapons – highly-enriched uranium (HEU) and plutonium.

The first step in strengthening both of these treaties is to get them passed and ratified in the United Nations. Then, under the precedent of these treaties, the U.S. can begin to pursue an international ban on HEU and plutonium, beginning in the most unstable region of the world: the Middle East. The U.S. and other world leaders should consider adding amendments to these treaties as well. As Senator Coons correctly assesses, “We should require continuous access to all IAEA inspection sites under the Additional Protocol and develop new standards for when a country can build a nuclear facility based on a minimum standard of international economic competitiveness.” Additionally, new technology has been developed in online enrichment monitoring and the U.S. should advocate for this technology to be standard practice for all nuclear facilities. If the U.S. decides to implement these changes over the next decade, then Iran will find that it is faced with a new set of barriers on its nuclear program when the restraints of the JCPOA finally come to an end.

In the Middle East, arguably the greatest plausible conflict is still between Israel and Iran. To regulate this potential threat the U.S. must reaffirm its support for Israel so that Iran understands that if it threatens Israel, it threatens the U.S. by default. The current Memorandum of Understanding (MOU) provides Israel with $30 billion in U.S. assistance through 2018. While the U.S. has always considered Israel’s security a top priority, money assistance as a means to an end will not be enough to convince Israel that the U.S. still has its best interest at heart. The Senate Foreign Relations Committee sent President Obama a letter outlining its support for a strengthened MOU with Israel. Michael Bennet, the ranking member of the committee correctly determined, “These measures are necessary to deter conventional and asymmetric threats to Israel. We also support providing missile defense funding, as necessary and appropriate, to accelerate the co-development of missile defense systems, and increased bilateral cooperation on cyber, intelligence, and research and development for tunnel detection and mapping technologies.” The measures outlined in this letter to President Obama are precisely the kind of enhancements that should be added to the MOU. These revisions will give Israel the military assurance that it requires to embrace the JCPOA, while effectively deterring Iran from escalating the regional rivalry.

The JCPOA has the potential to supply the world with a promising future, but only if the policies outlined above are adopted. All of these policies are moot, however, if the U.S. does not have the fortitude to take military action if Iran violates the terms of these agreements. Engaging threats through multilateral institutions remains the best option, but the U.S. cannot afford to hesitate to use force if diplomacy fails. For now, the JCPOA is proof that the U.S. has embraced diplomatic options with both its allies and enemies in order to enhance world unity and security. By strictly enforcing the JCPOA, strengthening nuclear treaties, and endorsing Israel’s security, the U.S. can help to assure that the JCPOA is as effective as the world hopes that it will be.