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JCPOA Implementation Amid a Tug of War between Rhetoric and Facts

U.S. Secretary of State John Kerry shakes hands with Iranian Foreign Minister Javad Zarif after the P5+1 and Iran concluded negotiations about Iran's nuclear capabilities on November 24, 2013. Image: Wikipedia

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The man behind the insurrection at home and disarray abroad!

A few days before the fifth anniversary of Implementation Day of the JCPOA on 16 January 2021, U.S. House handed Trump a second impeachment. What is important in this regard is the fact that Trump was basically indicted by the U.S. legislature for violating the rule of law. The Article of Impeachment clearly states that the president is impeached for high crimes and misdemeanors and the president stands accused of violating the Constitution of the United States. According to the Article of Impeachment he remains a threat to national security, democracy and the constitution. The truth is, Trump has been a threat not only to U.S. national security, but an abominable menace against international peace and security all along; what Iran has clearly understood and signaled to the world since the early days of this outgoing -or the soon-to-be-removed- Trump administration, the international community only secretly admitted and quietly wished for change.

Although the establishment in the United States put a stop to Trump, his unbridled bullying on the international scene persisted for the full duration of his term with little or no practical opposition at all. By his sheer disregard for all established principles and institutions Trump threw the anarchical nature of international relations in stark relief and all the U.S. traditional allies in Europe under the bus as well! Though Trump is now history in the U.S., some worrying signs in the past weeks suggest proper lessons have not been learned by some Europeans and Trumpism towards Iran might persist for quite a while.

Post-Trump JCPOA

The post-election developments in the U.S. were the source of considerable consternation among the European leaders; therefore, the impeachment was saluted in Europe as they could finally breathe a sigh of relief. Although the impeachment and power transition occur nationally in the U.S., it has nonetheless huge global ramifications. Jo Biden promised in Munich Security Conference of 2019 that they would be back! They are back now. The U.S. president-elect put out words that he would return to the nuclear deal with Iran provided that Iran returns to compliance. In this regard there are a few elements that require prompt attention.

First and foremost, Iran was the victim in the past two years; the victim of an unrestrained bully who made no secret of his disdain for the longest established principles of international conduct, chief among which pacta sunt servanda. Thus, any attempt to twist the facts and portray Iran as the actor who undermines the diplomatic process is grossly irresponsible and highly provocative. Second, unlike the Trump administration’s whimsical and unpredictable conduct, all the reversible steps undertaken by the Iranian side have been communicated in a transparent manner to all parties. Third, for every step there has been the element of predictability and nothing came as a surprise so as to ensure good faith throughout the process. Fourth, the reversible steps taken by Iran in the past year, much to the dismay of Europeans, were the inevitable result of Europeans’ inaction and non-performance of commitments which deprived Iran of billions of dollars and prevented the normalization of trade and economic relations specifically during the last year when the Covid-19 outbreak inflicted a huge human cost on Iran. Last but not least, the IAEA monitors every step of the way and has mounted one of the most rigorous monitoring and verification regimes in the Islamic Republic of Iran. This all means that the “concerns”, regardless of the scale of their intensity, as expressed by the European parties to the deal in their statements of 6 and 11 January, are only a reflection of the discursively constructed culture against Iran’s nuclear program.

With the IAEA in Iran enjoying full access under the Additional Protocol for now, and considering Iran’s status as an NPT member state, it is difficult to understand European’s “deep regrets” and their “repeated calls” to “reverse all action that are inconsistent with Iran’s JCPOA commitments”. It is also impossible not see the hypocrisy of it all; for instance, a regional ally of Europe, while sitting atop a vast nuclear arsenal, openly boasts their nuclear weapon capacities and asserts that they do not need to explain themselves on their nuclear warheads simply because they are not NPT member states. Moreover, there are other regional allies of Europe who are NPT member states, yet they have not even signed the Comprehensive Safeguards Agreement, let alone the Additional Protocol.

All through the past two years, Iran has pursued a measured nuclear diplomacy and avoided any action that might hint at provocation or escalation in the nuclear field. The term reversible has been purposefully chosen by Iran in description of its reduced commitments and if Europeans want to see a reversal of actions, they know what Iran expects; it is nothing more than the EU/E3 commitments expressly spelled out in the JCPOA.

Recent postures by the EU and the E3 do not help mainly because they portray Iran as the main culprit of the current nuclear standoff whereas it is only defending its natural interests in a matter of high security stakes. Such statements also ignore one very important fact,   or at least tone it down significantly   and that is the destructive role that the U.S. withdrawal played in the post 8 May 2018 drama.

A tug of war between rhetoric and facts

One might ask why it has been the case that Iran’s nuclear program is conceived of as a proliferation threat! To find the answer, we should take stock of the security context of the early 2000’s when discursive constructs of threat significantly outweighed factual analyses and calculations of the Bush administration. Iraq is a vivid example of such disregard for facts where Bush’s blind insistence on the existence of weapons of mass destruction in Saddam’s arsenal, based on flawed cherry-picked intelligence despite all internationally verified evidence to the contrary, led to the U.S. invasion of Iraq the scourge of which is still fresh in the region.

It is a peculiar fact that Discourse shapes realities in foreign policy, and it has often been the case that discursive constructs play a far more effective role than substantial facts. The U.S. administration back in early 2000’s paid no heed neither to the IAEA expertise, not to words of warning by American senior politicians. At the time of Operation Iraqi Freedom, Bush’s claims were unconfirmed and to this day, not a trace of weapons of mass destruction has been found in Iraq. It was maybe for good reason that William Burns, recently tapped by President-elect Biden to lead the C.I.A. laments not “tak[ing] a hard stand against war altogether” and recounts the build-up to Iraq war and failure in mounting and effective opposition to it as his “biggest professional regret”.

In that light, it is safe to assert that Iran’s nuclear crisis was the direct product of such securitized foreign policy discourse which portrayed Iran’s nuclear program as a proliferation threat. Such frame of mind has poisoned everything related to Iran and its non-proliferation policies. From foreign policy circles to intelligence communities, from think thanks to centers of academic excellence, from press to media the rhetorical and constructed notion of “Iran as a proliferation threat” permeates debates and what seems to

be taken for granted is that whatever Iran does, even within the confines of the Comprehensive Safeguards Agreement and the Additional Protocol, is inevitably linked to weaponization efforts! This construct has become an open wound that the U.S. and others in the region find easy to poke anytime their powerful lobbies deem it necessary to further their regional agenda of aggression and war mongering.

A return to the facts

In my capacity as ambassador, and so far as Covid-related restrictive measures would allow, I have been trying hard to accentuate the factual element in Iran’s nuclear program to European diplomats. The IAEA is present in Iran and its inspectors have access under the Additional Protocol to the places they might deem worthy of inspection. All nuclear activities in Iran are declared to the Agency and unfold before the eyes of IAEA inspectors. Besides, in sharp contrast to what the U.S. did on 8 May 2018, in the past two years Iran has had a transparent, verifiable and predictable and reversible course of action in its nuclear program. Let’s be clear, though, Iran agreed on a provisional basis to take confidence- building measures as stipulated under the JCPOA. You cannot build confidence forever, neither can such measures be taken for granted!

In the end, I would like to invite the European parties to the JCPOA to play a constructive role and acknowledge the fact that Iran was the victim of Trump administration’s policies in the past two and a half years. Secondly, I call upon the EU/E3 not to be part of this securitized discourse on Iran and not to tug at the rhetoric end of this discursive war and take the public opinion and its impact into serious consideration. Pursuing a policy of sanctions and coercion failed in the past and it is doomed to fail in the future as well. Finally, with the upcoming U.S. administration and the talks here or there in Washington about a prospective Biden administration return to the JCPOA it is important to build on this momentum rather than to create obstacles to the diplomatic process.

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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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