The UN nuclear watchdog has censured Iran over its perceived non-cooperation with international inspections, setting the stage for a new phase in the dispute over Iran’s activities which could lead toward more sanctions.

Q: What is the IAEA resolution against Iran about?

The International Atomic Energy Agency (IAEA) says it is not convinced that Iran’s nuclear program is peaceful. It has been asking questions and seeking clarification on several issues for years. But many remain unresolved.

On November 21, 2024, the IAEA Board of Governors passed a resolution calling on Iran to urgently improve its cooperation with the agency and provide a comprehensive report on its nuclear activities.

The resolution was proposed by the US, UK, France, and Germany. It passed by 19 votes in favor (of 34). China, Russia, and Burkina Faso voted against and 12 countries abstained.

Q: Is the resolution binding?

No. IAEA resolutions are not legally binding in the way that treaties or UN Security Council resolutions are. However, they are significant politically, signalling a shift in international attitudes and an intent to take further action.

The resolution against Iran may prove a crucial step in building a case for more binding measures. It provides a basis for the parties to the 2015 nuclear deal – Joint Comprehensive Plan of Action, or JCPOA – to claim Iran is violating its commitments and potentially initiate what is known as the Trigger Mechanism.

Q: What is the Trigger Mechanism?

Trigger Mechanism is an informal term for a provision under the 2015 deal that allows signatories to reimpose Iran sanctions that were lifted under the agreement.

Any party can report alleged non-compliance to the Joint Commission, consisting of all current parties to the deal – which oversees the agreement. If the issue isn’t resolved within 35 days, the complaining party can notify the UN Security Council, effectively triggering a process that could result in snapback sanctions

Q: What is snapback?

Snapback refers to the concept that UN sanctions on Iran can be restored automatically.

The Security Council does not have to vote on reimposing sanctions. Once Iran’s case is referred to there, the sanctions that were lifted under the JCPOA will snap back into place in 30 days unless the council votes to continue lifting sanctions.

Q: Who can start this process?

Any party to the 2015 deal can allege that Iran is non-compliant and take their case to the Joint Commission.

The countries that can do so are France, Germany, UK, Russia and China. The United States was also a signatory to the JCPOA, but unilaterally withdrew in 2018 during President Donald Trump’s first term.

Q: Who decides if Iran is compliant or not?

The IAEA is tasked with monitoring Iran’s nuclear activities and ensuring compliance with safeguards agreements under the Nuclear Non-Proliferation Treaty (NPT) and the JCPOA. Reports from the IAEA are critical in assessing whether Iran is fulfilling its obligations.

The JCPOA signatories assess Iran’s activities based on IAEA findings and their own intelligence inputs.

In short, the IAEA provides the technical foundation for judgments, but political decisions depend on consensus, or lack thereof, among JCPOA signatories.

Q: Has the Trigger Mechanism been used before?

Yes and no. In January 2020, France, and Germany and the UK (E3) initiated the Dispute Resolution Mechanism, the process that can lead to the Trigger Mechanism, after Iran moved away from some of its JCPoA commitments in response to the Trump administration withdrawing from the deal.

The E3 did not notify the UN Security Council, however, saying that their aim was to convince Iran to respect its obligations, not to impose snapback sanctions.

Source » iranintl