Continued U.S.

Efforts to Counter Iran's Nuclear Program

Source: The American Journal of International Law, Vol. 102, No. 4 (Oct., 2008), pp. 887-889
Published by: American Society of International Law
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2008] CONTEMPORARY PRACTICE OF THE UNITED STATES 887
the number of WFP staffworking in country, to allow Korean-speaking monitors of food dis
tribution, and to enlarge the areas in which WFP can operate.12
The parties did not agree on a verification protocol before the end of the 45-day minimum
statutory period for terminating designation as a state sponsor of terrorism. Accordingly, as of
this writing (late August 2008), North Korea remains on the list, has halted work on disabling
its nuclear facilities, and is threatening to rebuild them.13
Negotiations involving North Korea's nuclear program have been complicated by intelli
gence reports from the United States, Israel, and other countries indicating that North Korea
was assisting Syria in constructing an undeclared nuclear reactor eventually capable of produc
ing plutonium for nuclear weapons. Israeli aircraft destroyed the facility while still under con
struction in September 2007.14
Continued U.S. Efforts to Counter Iran s Nuclear Program
The United States also continues substantial efforts to persuade or dissuade Iran from con
tinuing with its nuclear enrichment program. These efforts involve two tracks: joining with
other major powers in offering improvements in political and economic relations if Iran halts
enrichment, and seeking increased sanctions and other forms of pressure if it does not. The
Security Council has passed three resolutions imposing progressively weightier sanctions
against Iran, most recently Resolution 1803 in March 2008. Iran has rejected the resolutions
and expressed determination to continue with its program.'1
In early May, the United States joined with the four other permanent members of the Secu
rity Council (China, France, Russia, and the United Kingdom) in a joint statement to the Pre
paratory Committee for the 2010 Non-proliferation Treaty Review Conference addressing
this situation and other matters involving the NPT.
The proliferation risks presented by the Iranian nuclear programme continue to be a mat
ter of serious concern to us. We recall that the United Nations Security Council recently
sent for the third time a strong message of international resolve to Iran by adopting sanc
tions resolution 1803 on Iran's nuclear programme under Chapter 41 of Chapter VII of
the United Nations Charter as part of a dual-track strategy. We call for Iran to respond to
the concerns of the international community through prompt and full implementation of
the relevant United Nations Security Council Resolutions and the requirements of the
12
Choe
Sang-Hun,
North Korea to Widen Access
for
Aid Workers;
U.S.
Ship
Arrives,
N.Y.
TIMES,
July
1, 2008,
at
A7;
Blaine
Harden,
U.S. Wheat
Begins
New Aid to N
Korea,
WASH.
POST,
July
1, 2008,
at
A7.
13
Dan
Eggen, Questions
on Nuclear
Verification Keep
N Korea on List
of
Terrorist
States,
WASH.
POST,
Aug.
12,
2008,
at
A9;
Choe
Sang-Hun,
North Korea
Says
It
Stopped Disabling
Nuclear
Complex,
N.Y.
TIMES,
Aug.
27,2008,
at
A5;
Blaine
Harden,
N.
Korea,
Angry
over Terror
List,
Threatens to Rebuild Nuclear
Program,
WASH.
POST,
Aug.
27, 2008,
at A6.
14
Robin
Wright
&
Joby
Warrick,
Photographs
Said to Show Israeli
Target
Inside
Syria,
WASH.
POST,
Oct.
24,
2007,
at
Al;
William
J.
Broad & Mark
Mazzetti,
Photos
Suggest
Structure Vanished
from Syrian
Site,
N.Y.
TIMES,
Oct.
26, 2007,
at Al
0;
Robin
Wright,
N. Koreans
Taped
at
Syrian
Reactor,
WASH.
POST,
Apr.
24, 2008,
at Al ;
Robin
Wright,
U.S. Details Reactor in
Syria,
WASH.
POST,
Apr.
25, 2008,
at
A12;
UN. Nuclear
Agency
to
Study
Claims
of
Secret
Syrian
Reactor,
N.Y.
TIMES,
April
26, 2008,
at
A9;
Glenn Kessler & Robin
Wright, Accusing
N
Korea
May
Stall Nuclear Pact,
WASH.
POST,
Apr.
26,208,
at Al
2;
Steven Lee
Myers,
Bush Calls
Syria Reporta
Warn
ing
to North Korea and
Iran,
N.Y.
TIMES,
Apr.
30, 2008,
at
A3;
Bush:
Revealing
Reactor Was Meant to Pressure N.
Korea,
WASH.
POST,
Apr.
30, 2008,
at
A15;
Robin
Wright
&
Joby
Warrick,
Purchases LinkedN. Korea to
Syria,
WASH.
POST, May
11, 2008,
at A18.
1
John
R.
Crook,
Contemporary
Practice of the United
States,
102
AJIL
30
(2008).
This content downloaded from 188.27.144.144 on Thu, 20 Mar 2014 07:16:32 AM
All use subject to JSTOR Terms and Conditions
888 THE AMERICAN JOURNAL OF INTERNATIONAL LAW [Vol. 102
[International Atomic Energy Agency]. We are fully behind the E3 + 3 process to resolve
this issue innovatively through negotiations on the basis of the offer agreed in London on
2 May 2008.2
Later that same month, the International Atomic EnergyAgency presented a restricted report to
the Security Council and IAEA Board of Governors that reportedly called Iran's nuclear activities
a matter of serious concern" and accused Iran of an intentional lack of cooperation.3
In mid-June, the United States joined with other major powers in offering a further package
of incentives to Iran, reportedly including promises of cooperation in constructing light water
reactors and fuel supply guarantees. Iran's initial reactions ranged between criticism and equiv
ocation.' On a parallel track, during a visit to Europe by President Bush, the United States and
the European Union agreed to impose increased financial sanctions on Iran, going beyond
those authorized by the Security Council. British Prime Minister Gordon Brown subsequently
announced EU actions to freeze the overseas assets of Bank Melli.5
In July, the United States for the first time participated in a high-level meeting with Euro
pean and Iranian officials discussing Iran's nuclear program. (The United States previously
insisted it would participate in face-to-face discussions only after Iran ceased enrichment.) The
Department of State's third-ranking officer, Under Secretary of State for Political Affairs Wil
liam Burns, represented the United States. Some observers described the Geneva meeting as
the most significant U.S. diplomatic contact with Iran since its 1979 Islamic Revolution.6 Iran
was expected to respond to the package of incentives presented in June, but it did not address
the key demand to halt enrichment, instead presenting a "none [sic] paper" that called for the
lifting of all sanctions and proposed many rounds of additional high-level talks.7 A few days
before the meeting, Iran's Revolutionary Guard carried out military maneuvers, including the
test firing of nine missiles, one said to have sufficient range to strike Israel.8 Following the meet
ing, Iran responded equivocally to the six-power proposals,9 while the head of the Revolution
2
At
<http://www.un.org/NPT2010/SecondSession/statements.html>.
3
IAEA Press
Release,
Iran
Safeguards Report
Sent to UN
Security
Council,
IAEA Board
(May
26, 2008),
at
<http://www.iaea.org/NewsCenter/News/2008/iranreport0508.html>;
Elaine
Sciolino,
Atomic Monitor
Signals
Concern over Iran s
Work,
N.Y.
TIMES,
May
27, 2008,
at
Al;
Iran and the
Inspectors,
Editorial,
N.Y.
TIMES,
May
29,2008,atA22.
4
Thomas Erdbrink & Robin
Wright,
Iran
Rejects
Six-Nation
Proposal,
WASH.
POST,
June
15, 2007,
at
A14;
Elaine
Sciolino,
Iran
Responds Obliquely
to Nuclear
Plan,
N.Y.
TIMES,
July
5, 2008,
at
A5.
5
Steven Lee
Myers
& Nazila
Fathi,
Europeans
Back Bush on Iran Nuclear
Curbs,
N.Y.
TIMES,
June
11, 2008,
at
A12;
Dan
Eggen,
Bush,
E. U. Threaten New Sanctions
Against
Iran,
WASH.
POST,
June
11,2008
at Al
5;
Steven Lee
Myers,
British Premier
Says Europe
Will
Tighten
Financial Sanctions on
Iran,
N.Y.
TIMES,
June
17,2008,
at
A6;
Dan
Eggen,
Iran to Face New E. U.
Sanctions,
Brown
Says,
WASH.
POST,
June
17, 2008,
at
A12;
John
Ward
Anderson,
E. U Backs Sanctions on
Iran,
Freezes Bank
Assets,
WASH.
POST,
June
24, 2008,
at A8.
6
Steven Lee
Myers,
U.S.
Envoy
to
Join Meeting
with
Iranian,
N.Y.
TIMES,
July
16, 2008,
at
A7;
Glenn
Kessler,
American
Envoy
to
Join
Iran
Talks,
WASH.
POST,
July
16,2008,
at
A12.;
Elaine Sciolino & Steven Lee
Myers,
Deci
sion to
Join
International Talks on Iran
Signals
a
Shift
in U.S.
Policy,
N.Y.
TIMES,
July
17, 2008,
at
A10;
Glenn
Kessler,
Iran and U.S.
Signaling
Chance
of
Deal,
WASH.
POST,
July
17, 2008,
at A16.
7
Elaine
Sciolino,
Nuclear Talks with Iran End in a
Deadlock,
N.Y.
TIMES,
July
21,2008,
at Al ; Elaine
Sciolino,
Iran
Offers
2
Pages
and No Ground in Nuclear
Talks,
N.Y.
TIMES,
July
22, 2008,
at A8.
8
Alan Crowell & William
J. Broad,
Iran Launches 9Missiles in War
Games,
One with
Range
Said to Include
Israel,
N.Y.
TIMES,
July
10, 2008,
at A10.
9
Colum
Lynch
& Karen
DeYoung,
Iran Set to
Respondi? Offer of
Incentives in Nuclear
Dispute,
WASH.
POST,
Aug.
5, 2008,
at
A8;
Colum
Lynch
& Karen
DeYoung,
Iran Seeks Details on Nuclear
Offer,
WASH.
POST,
Aug.
6,
2008,
at A6.
This content downloaded from 188.27.144.144 on Thu, 20 Mar 2014 07:16:32 AM
All use subject to JSTOR Terms and Conditions
2008] CONTEMPORARY PRACTICE OF THE UNITED STATES 889
ary Guard boasted of Iran's capacity to close the Strait of Hormuz. 0 Ayathollah Khamenei and
other Iranian officials stressed Iran's determination to continue with enrichment.11
Lacking a substantive response to the July six-power proposals, the United States and its
European allies began discussing a fourth Security Council sanctions resolution, but Russia
pressed to give Iran more time to respond. 12 The prospects for further Security Council action
are unclear, particularly given the deterioration of U.S.-Russian relations following Russia's
August 2008 incursion into Georgia and the breakaway provinces ofAbkhazia and South Osse
tia. 3 Senior Russian officials insist that the West has not offered any proof that Iran is devel
oping nuclear weapons. Some Western experts believe, however, that Iran is now producing
about 1 kilogram of low-enriched uranium a day, with about 700 kilograms required to begin
enrichment of weapons grade material."4 U.S. and European officials estimate that Iran may
require only two more years to have a weapon; Israeli officials reportedly believe the threshold
is closer.'5
United States Opposes Ban on Cluster Munitions, SupportsAlternative CCWNegotiations
The United States has opposed calls to ban the use of cluster munitions, weapons incorpo
rating numerous separate explosive submunitions, or "bomblets." In the U.S. government's
view, these weapons are legal, serve legitimate and important military requirements, and cause
only a small proportion of postconflict civilian casualties resulting from unexploded ordnance.
At the same time, the United States has pressed for international measures to increase the reli
ability of cluster munitions, to lessen the likelihood of postconflict casualties caused by unex
ploded submunitions.'
The United States did not participate in a May 2008 diplomatic conference in Dublin,
attended by over 11 1 other states,2 that adopted a new Convention on Cluster Munitions. Sev
eral other military powers joined the United States in opposing the convention, including Bra
zil, China, India, Israel, Pakistan, and Russia. In an unusual break with the United States, how
ever, the United Kingdom, often a close U.S. ally on military matters, dropped its long
standing opposition and endorsed the treaty.3
The new convention will be opened for signature in Oslo in December 2008.4 It will require
parties not to use, develop, produce, acquire, stockpile, retain, or transfer covered munitions,
or to assist other parties in doing so. The definition of covered weapons allows retention and
10
Nazila
Fathi,
Iran Issues New
Warnings After Defying
a
Deadline,
N.Y.
TIMES,
Aug.
5, 2008,
at A10.
11
Graham
Bowley, Despite
Calls to
Halt,
Iran
Says
It Will Continue Its Nuclear
Program,
N.Y.
TIMES,
July
31,
2008,atA12.
12
Iran: Letteron Nuclear
Program,
N.Y.
TIMES,
Aug.
6, 2008,
at
A12;
Colum
Lynch,
Russia Asks That Iran Be
Given More
Time,
WASH.
POST,
Aug.
7, 2008,
at A4.
13
Steven Lee
Meyers
& Thorn
Shanker,
Aides to Bush
Say
Russia
Offensive Jeopardizes
Ties,
N.Y.
TIMES,
Aug.
15, 2008,
at Al.
14
Robin
Wright,
Israel Conducted War
Games,
US.
Officials Report,
WASH.
POST,
June
21, 2008,
at A8.
15
Helen Cooper, Bush Is
Likely
to End Term with Iran Issue Unsettled,
N.Y.
TIMES, lune 21, 2008,
at A8.
1
John
R.
Crook,
Contemporary
Practice of the United
States,
101
AJIL
501
(2007).
2
The conference Web site is at
<http://www.clustermunitionsdublin.ie>.
See
John
R.
Crook,
Contemporary
Practice of the United
States,
101
AJIL
503
(2007);
Ireland: Cluster Bombs
Banned,
N.Y.
TIMES,
May
31, 2008,
atA8.
3
John
F.
Burns,
Britain
Joins
a
Draft Treaty
to Ban Cluster Munitions, N.Y.
TIMES,
May
29, 2008,
at
A13.
4
The convention is at
<http://www.clustermunitionsdublin.ie/pdf/ENGLISHfinaltext.pdf>.
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