The Iran Deal’s Dangerous Precedent

8/3/15
 
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by John Bolton,

from The New York Times,
8/2/15:

Had anyone believed President Obama’s mantra that “all options are on the table” to deal with Iran’s nuclear weapons program, the Vienna agreement might have emerged less advantageously for Tehran. But no one took Mr. Obama’s threat of military force seriously — a credibility gap that Israel still fears and Iran still exploits. Even so, Vice President Joseph R. Biden Jr. is still trying to reassure nervous Democrats in Congress that the Vienna agreement does not preclude America’s use of force.

Despite its blasé confidence in the agreement, however, the Obama administration understands the near-certainty that Iran will break its word. Tehran’s potential violations were not merely one of many difficult issues for negotiators; they were the essence of the talks. The deal’s entire structure turns on the issue of how to detect and handle breaches.

If Iran is caught transgressing, Mr. Obama’s plan is not to use force, but to apply “snapback sanctions.” His administration has argued repeatedly that such sanctions (or even new sanctions) will deter or punish violations, keeping the deal on track and Iran clear of nuclear weapons. This rationale conforms to the underlying logic for the talks themselves: If sanctions brought Iran to the table, then sanctions will keep the deal viable once implementation begins.

Unfortunately, the mechanism to address violations is as flawed as the deal’s underlying logic. For the president’s predictions of Iranian behavior to come true (and they are central to successful implementation), Tehran must recognize the inevitability of the pain their country will suffer for straying from compliance.

Yet the very language of the Vienna deal demonstrates the opposite. In two provisions (Paragraphs 26 and 37), Iran rejects the legitimacy of sanctions coming back into force. These passages expressly provide, in near identical words, that “Iran has stated that if sanctions are reinstated in whole or in part, Iran will treat that as grounds to cease performing its commitments under this JCPOA” — Joint Comprehensive Plan of Action — “in whole or in part.”

Thus the inexorable pattern will not be: Iran violates the deal; sanctions snap back; Iran resumes compliance. Quite the reverse.

Finally, Mr. Obama’s plan to prevent Russia or China from casting vetoes that block snapback poses hidden dangers for America.

Unfortunately, snapback sanctions are just as likely to be empty political rhetoric as Mr. Obama’s incantations about all options being on the table. The list of reasons to oppose the Vienna deal is already long, but the pitfalls of snapback sanctions surely rank near the top.

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