Iran didn’t violate the Nuclear Non-Proliferation Treaty (NPT), the United States did. When the U.S. bombed Iran’s civilian nuclear facilities on June 23, they didn’t just violate the cardinal rule of international law by attacking a sovereign nation, without Security Council approval, that had neither attacked it nor threatened to attack it. They also violated the NPT. In doing so, the U.S. may have done irreparable harm to the non-proliferation regime.
As a signatory to the Nuclear Non-Proliferation Treaty, Iran was protected by the “inalienable right to a civilian [nuclear] program.” Iran and the world watched, not only as that nonnuclear umbrella collapsed and failed to protect Iran, but as the International Atomic Energy Agency (IAEA), the guardian of the non-proliferation regime, whispered barely a criticism. Iran’s parliamentary speaker has criticized the IAEA for having “refused to even pretend to condemn the [American] attack on Iran’s nuclear facilities.”
Iran has accused IAEA director general Rafael Grossi of issuing a “biased” report on Iran’s nuclear program right as Trump’s sixty day window for diplomacy was closing that could be used as a “pretext” for the attacks on Iran’s nuclear facilities. The U.S. was complicit in using the resolution that followed the report, since only 19 out of 33 countries voted in favor of it after the U.S. pressured eight countries they saw as “persuadable… to either vote with the US on the IAEA vote or not vote at all.”
After Grossi clarified that the IAEA “did not find in Iran elements to indicate that there is an active, systematic plan to build a nuclear weapon” and concluded that “We have not seen elements to allow us, as inspectors, to affirm that there was a nuclear weapon that was being manufactured or produced somewhere in Iran,” Iranian foreign ministry spokesman Esmaeil Baghaei said the clarification came “too late.” He blasted Grossi for “obscure[ing] this truth in your absolutely biased report that was instrumentalize by E3/U.S. to craft a resolution with baseless allegation of ‘non-compliance’; the same resolution was then utilized, as a final pretext… to launch an unlawful attack on our peaceful nuclear facilities.” Baghaei finished with the accusation that Grossi “betrayed the non-proliferation regime.”
On June 20, Iran filed a formal complaint against Grossi to the Security Council, accusing him of a “clear and serious breach of the principle of impartiality.” Iran’s Ambassador to the UN, Amir Saeed Iravani, criticized Grossi’s failure to condemn American and Israeli threats and use of force against its peaceful nuclear program as demanded by IAEA resolutions “which categorically prohibit any threat or use of force against nuclear facilities dedicated to peaceful purposes.” He said that Grossi’s “passivity… amounts to de facto complicity.”