Project Description

JCPOA, Legitimacy of Attacks on Nuclear Facilities as a Pre-emptively Self Defense and the Consequences of Reducing Nuclear Commitments as Counter Measures

Authors: Faramarz Yadegarian (corresponding author), Dr. Amir Hossein Molkizadeh. First international conference on law, political science, Islamic politics and Islamic jurisprudence. winter 2024.

Abstract:

The withdrawal of the United States from the Joint Comprehensive Plan of Action (JCPOA) prompted Iran to diminish its nuclear commitments. Commencing with the fifth step and following the approval of the Strategic Action Law to Lift Sanctions and Safeguard the Interests of the Iranian Nation, Iran will impose no restrictions on operational capacities, enrichment percentages, or enrichment levels, and will no longer be constrained by limitations on the number of centrifuges. On the other hand, Israel, under the pretext of preemptively self defense, has repeatedly engaged in attacks and sabotage against Iranian nuclear facilities. The objective of this article is to examine the JCPOA and elucidate the actions taken by Iran and the United States towards legitimizing or addressing consequences such as reciprocal actions, attacks on nuclear facilities, and reduction of nuclear commitments.

The findings of this article indicate that it is in Iran’s best interest to adhere to the JCPOA by the date of 14 July 2025, to remove the issue from the Security Council’s agenda and be released from the provisions of Chapter 7 of the UN Charter. Any attack on nuclear facilities is strictly prohibited, and the responsible party will bear international liability. The principle of self defense either preemptively self defense, lacks legal and international legitimacy concerning Iran’s nuclear program, unless the attacks are based on resolutions under Chapter 7 or comply with Article 42 of the UN Charter. The research methodology in this article is trans-analytical, and due to the importance and timeliness of the topic, efforts have been made to rely on primary sources such as the opinions of the International Court, the UN Charter, resolutions, and other international documents, records, and laws.

Keyword:

Iran and U.S legal disputes – Joint Comprehensive Plan of Action (JCPOA) – Resolution 2231 – Strait of Hormuz – United Nations Security Council – International Court of Justice.