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Legal analysis: Iran's "right" to enrich

As Iran never tires of pointing out, the Nuclear Non-Proliferation Treaty (NPT)  does not prohibit states from developing an enrichment capability for peaceful uses under IAEA safeguards. Nor does it require an economic justification for them to do so.1It does require, however, that they operate their facilities under IAEA safeguards for exclusively peaceful purposes.2

Iran clearly violated its NPT-required safeguards obligations in the past and credible suspicions arose that Iran may have violated its NPT obligation to refrain from pursuing nuclear weapons, at least through 2003.3 Three UN resolutions accordingly called on Iran to suspend enrichment until international confidence is restored.4

Iran should comply with these resolutions. But Americans should understand that these resolutions treat suspension as a temporary stricture -- to be applied only so long as Iran refuses to accept full safeguards and cooperate fully with the IAEA.5

If Iran is willing to honor its legal responsibilities under its Safeguards Agreement and the NPT, there is no principled basis for categorically denying Iran's basic right to enrich, or demanding that Iran permanently cede that right. Nor is such a concession necessary to resolve international concerns.

Footnotes

1. Treaty on the Non-Proliferation of Nuclear Weapons (1970)("Article IV 1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this Treaty.") [back]
2. Id. Article II (Each non-nuclear-weapon State Party to the Treaty undertakes . . . not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices . . . Article III 1. Each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency.") [back]
3. IAEA, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, Resolution adopted by the IAEA Board of Governors on 4 February 2006. [back]
4. See, e.g., Resolution 1803 (2008) - Adopted by the Security Council at its 5848th meeting, on 3 March 2008. [back]
5. United Nations, Resolution 1747 (2007) Adopted by the Security Council at its 5647th meeting on 24 March 2007 (see Art. 13(a), promising to lift sanctions if Iran will suspend enrichment "to allow for negotiations in good faith in order to reach an early and mutually acceptable outcome."); see also, Letter from the Foreign Ministers of Great Britain, France, Germany, China, Russia, and the United States to HE Manuchehr Mottaki, Minister of Foreign Affairs of the Islamic Republic of Iran, dated 12 June 2008”(assuring Iran that "once the confidence of the international community in the exclusively peaceful nature of your nuclear programme is restored, it [Iran] will be treated in the same manner as that of any Non-Nuclear Weapon State party to the Non-Proliferation Treaty.") [back]